Chapter 9

Question 1

How are courts divided in Canada?

Answer 1

Into provincial (criminal & civil), federal (federal legislation), and military courts.

Question 2

What is the final court of appeal in Canada?

Answer 2

The Supreme Court of Canada.

Question 3

What is the Indigenous overrepresentation problem in Canadian prisons?

Answer 3

Indigenous people make up 3% of the population but 18% of federal inmates.

Question 4

What factors contribute to Indigenous overrepresentation?

Answer 4

Poverty, economic injustice, systemic discrimination.

Question 5

Who can access Indigenous courts?

Answer 5

Indigenous individuals who plead guilty and commit to a healing plan.

Question 6

What is the focus of Indigenous courts?

Answer 6

Restorative justice, healing offenders and their communities.

Question 7

What factors does a judge consider in Indigenous courts?

Answer 7

Harm caused, offender’s background/needs, and a healing plan.

Question 8

What are possible outcomes in Indigenous courts?

Answer 8

Community safety, accountability, skill development.

Question 9

Do Indigenous courts significantly reduce overrepresentation?

Answer 9

Research suggests a limited impact.

Question 10

What is sentencing?

Answer 10

The judicial determination of a legal sanction for a convicted person.

Question 11

What is specific deterrence?

Answer 11

Reducing reoffending among offenders.

Question 12

What is general deterrence?

Answer 12

Reducing the likelihood of others committing crimes.

Question 13

Name other sentencing goals.

Answer 13

Denounce unlawful conduct, separate offenders from society, rehabilitation, reparations, and promoting responsibility.

Question 14

Why can sentencing goals be incompatible?

Answer 14

EX. Long sentences prioritize separation over rehabilitation.

Question 15

What is the fundamental principle of sentencing?

Answer 15

Sentences must be proportionate to the gravity of the offence and the offender’s responsibility.

Question 16

What are aggravating factors in sentencing?

Answer 16

Factors that make a crime worse (e.g., vulnerable victim, abuse of trust, premeditation, severe consequences).

Question 17

What are mitigating factors in sentencing?

Answer 17

Factors that reduce blameworthiness (e.g., first offense, remorse, good character).

Question 18

What ensures fairness in sentencing?

Answer 18

Similar crimes should have similar sentences.

Question 19

Why are less-restrictive sanctions encouraged?

Answer 19

To avoid unnecessary incarceration when alternatives are available.

Question 20

What is an absolute discharge?

Answer 20

Offender is released with no conditions

Question 21

What is a conditional discharge?

Answer 21

Offender is released with conditions; if not followed, they are re-institutionalized.

Question 22

What is restitution?

Answer 22

Offender pays money to the victim for damages, expenses, or loss of income.

Question 23

What are fines and community service?

Answer 23

Fines: Offender pays money to the court (alternative is jail).

Community service: Offender performs tasks like picking up garbage.

Question 24

What is a conditional sentence?

Answer 24

A prison sentence served in the community with conditions; violations lead to jail time.

Question 25

What is the difference between provincial and federal imprisonment?

Answer 25

< 2 years (2 yrs less a day) → Provincial/ territorial prison > 2 years (over 2 yrs) → Federal prison

Question 26

What is probation?

Answer 26

Offender exists in the community under supervision of a probation officer.

Question 27

What factors influence sentencing?

Answer 27

-> Seriousness of the offence ->Offender’s degree of responsibility ->Aggravating & mitigating factors ->Harshness of the sentence

Question 28

What extra-legal factors can influence sentencing?

Answer 28

-> Judge’s personal views & philosophy ->Defendant’s gender & race

Question 29

What is sentencing disparity?

Answer 29

Variations in sentencing for similar offenders committing similar offences.

Question 30

What is unwarranted sentencing disparity?

Answer 30

Sentencing differences based on extra-legal factors.

Question 31

What are systematic factors?

Answer 31

Differences in judges’ personalities and sentencing philosophies.

Question 32

What are unsystematic factors?

Answer 32

Differences based on judge’s mood, fatigue, etc.

Question 33

What are two methods for studying sentencing disparity?

Answer 33

-> Simulation studies (mock cases) ->Official sentencing statistics

Question 34

Why does sentencing disparity occur?

Answer 34

Because of judicial discretion.

Question 35

What is one way to reduce disparity?

Answer 35

Implement sentencing guidelines to restrict options & sentence lengths.

Question 36

Why has Canada been reluctant to adopt formal sentencing guidelines?

Answer 36

Reforms are often political rather than evidence-based.

Question 37

What is debated in sentencing effectiveness?

Answer 37

The effectiveness of deterrence vs. rehabilitation.

Question 38

Do "get-tough" strategies work?

Answer 38

No, they actually increase recidivism.

Question 39

What is the traditional view on rehabilitation?

Answer 39

That "nothing works", assuming offenders won’t change.

Question 40

What model has been shown to reduce recidivism?

Answer 40

Risk-Need-Responsivity (RNR) Model

Question 41

What are the three parts of the RNR Model?

Answer 41

1. Risk – Focus on high-risk offenders 2. Need – Address criminogenic needs (antisocial attitudes, substance use, peers, etc.) 3. Responsivity – Match treatment to offender’s learning style

Question 42

What is required to be classified as a Dangerous Offender (DO)?

Answer 42

-> Serious personal injury ---> Repetitive or persistent aggressive behavior --->Brutal nature of the offence OR ->sexual assault

Question 43

What is a Long-Term Offender (LTO)?

Answer 43

A designation for violent & sexual offenders likely to reoffend but not meeting DO criteria.

Question 44

What must be shown for LTO designation?

Answer 44

-> Jail time of 2+ years -> Reasonable probability that offender can be controlled in the community

Question 45

What are the implications of DO status?

Answer 45

-> Lifelong designation ->Further serious offences or breaches = indeterminate sentence ->Can receive a long-term supervision order (LTSO)

Question 46

What is parole?

Answer 46

A conditional release allowing offenders to serve part of their sentence in the community

Question 47

How is parole different from probation?

Answer 47

-> Parole: Given after jail time, under federal jurisdiction. -> Probation: Alternative to jail, under provincial jurisdiction.

Question 48

What does parole involve?

Answer 48

-> Conditional release ->Rehabilitation ->Community supervision ->Return to prison if conditions are breached

Question 49

What is a temporary absence?

Answer 49

A short release from prison, either escorted or unescorted.

Question 50

What is day parole?

Answer 50

Offenders participate in community activities but return to prison or a halfway house at night.

Question 51

What is full parole?

Answer 51

Offender can fully reintegrate into the community while being monitored.

Question 52

What is statutory release?

Answer 52

A legal requirement where federal inmates must be released after serving 2/3 of their sentence.

Question 53

When are offenders eligible for parole?

Answer 53

After serving 1/3 of their sentence or 7 years, whichever is less.

Question 54

What factors influence parole decisions?

Answer 54

-> Risk assessment (likelihood of reoffending) ->Criminal history ->Psychological/psychiatric reports ->Institutional behavior ->Evidence of change & insight ->Feasibility of release plan

Question 55

What role do victims play in parole decisions?

Answer 55

Victims can submit statements to the parole board.

Question 56

Why is parole decision-making subjective?

Answer 56

Different parole board members weigh factors differently.

Question 57

What is the difference between discretionary and statutory parole?

Answer 57

-> Discretionary: Granted case-by-case (higher success rates, fewer breaches). -> Statutory: Mandatory after serving 2/3 of sentence.

Question 58

What is the most common reason for parole failure?

Answer 58

Breach of conditions, not committing new crimes.