Chp 9 Flashcards
(29 cards)
What is the name of the Court official that decides the sentence of the accused at a Criminal trial?
Judge
Name the legal document that outlines the possible punishments a guilty person might receive from the court.
Criminal Code of Canada
What are the four objectives that each sentence issued by the Canadian Court system should reflect?
- Deterrence
- Rehabilitation
- Retribution
- Restitution
What is deterrence in the context of sentencing?
Discouraging certain actions through instilling fear through potential consequence
What does rehabilitation aim to achieve in the sentencing process?
To help an offender successfully reintegrate back into society
What is retribution in the context of sentencing?
Punishment inflicted on someone as vengeance for a wrong or criminal act
What does restitution require from the offender?
To repay the victim
How does an offender’s Pre Sentence Report affect the possible sentence?
It includes information about the offender’s history and future conduct which the judge considers
What is a mitigating factor?
An extenuating circumstance that can lessen a sentence
What is the Gladue Principle?
Ensures judges consider systemic background factors when sentencing Indigenous Canadians
What is the least serious sentence a person could receive for a sentence under 2 years?
Community service
Why can community service be considered a positive outcome for an offender?
It builds connections within the community
Give two examples of a Suspension of Privilege as a possible punishment.
- Driver’s Licence
- Restaurant Alcohol Licence
What is the worst possible outcome for a Young Offender found guilty of a criminal offence?
Tried as an Adult Offender
What does the YCJA stand for?
Youth Criminal Justice Act
What role can a family member play in a sentencing hearing if a family member was murdered?
Provide a Victim Impact Statement
What is Open Custody?
Detention that is supervised and allows some supervised access to the community
What is Closed Custody?
The most secure form of detention in a prison under constant guard
What legal remedies can a person seek if they believe they were wrongfully convicted?
- Appeal to the SCC
- Appeal to a higher court
- Criminal court
- Civil court proceedings over $50,000
- Provincial Court of BC
- Family court
What is a Dangerous Offender?
An offender deemed a serious risk to public safety
What are the long-term effects of being recognized as a Dangerous Offender?
- Indeterminate sentence
- Increased restriction with heightened security
List three conditions that might be imposed on a person while on Probation.
- Abstaining from drugs and alcohol
- Curfew
- Report to probation officer
Where are the closest Medium and Maximum Security prisons?
- Medium: Mission Institution, Mission, BC
- Maximum: Kent Institution, Agassiz, BC
What is the body that a prisoner in Canada applies to for Parole or a Conditional Release?
National Parole Board of Canada
