CRIMINAL JUSTICE EXAM #3

Question 1

Laying an information

Answer 1

An information is a written complaint, sworn before a justice of the peace that alleges what criminal offences were committed. The information is usually sworn by a police officer and it can be sworn either before or after the suspect is aware that police are pursuing charges

Question 2

appearance notice

Answer 2

If the offence is not serious and there is no reason to assume that the accused individual will not show up in court an appearance notice will be issued followed by the laying of an information. it will tell you the details of the allegations against you as well provide you with your pending court date.

Question 3

summons

Answer 3

a legal document issued by a justice of the peace that orders you to appear in court on a specific date; the summons is typically issued to you by a police officer.

Question 4

judicial interim release

Answer 4

it is essentially bail. it describes the release of an individual charged with a crime by a judge or justice of the peace pending a court appearance.

Question 5

plea bargaining

Answer 5

refers to “an agreement whereby an accused pleads guilty in exchange for the promise of a benefit”

Question 6

array

Answer 6

Before selecting individual jurors for a criminal trial courts must first establish a pool of community members from which to draw. This pool of eligible jurors is referred to as an array or panel

Question 7

continuance

Answer 7

an adjournment or delay in the trial proceedings for a period of time. Judges may delay a trial to allow for the impact of any pre-trial publicity to subside.

Question 8

voire dire

Answer 8

“trial within a trial”, is conducted by the judge in the absence of the jury to answer specific legal questions, such as the admissibility of evidence. Prospective jurors can be questioned about their exposure to pre-trial publicity. may actually increase the prejudicial effects of pre-trial publicity.

Question 9

charge to the jury

Answer 9

a set of instructions at the end of a trial concerning the decisions to be made in the case. Specifically, a judge can instruct the jury to ignore some evidence, such as information from pre-trial publicity.

Question 10

boomerang effect

Answer 10

Judicial instructions to ignore some evidence often has a boomerang effect – it serves to increase the prejudicial effects.

Question 11

reactance theory

Answer 11

people often respond to attempts to limit personal freedoms by making strong efforts to engage those same freedoms.

Question 12

change of venue

Answer 12

refers to an application to move the location of a trial. Attorneys can apply to have trials moved to locations where prospective jurors may be less familiar with case facts.

Question 13

opening statement

Answer 13

an initial statement by the Crown Attorney to the judge or judge and jury that summarizes the criminal charges, outlines the facts of the case, and summarizes how the evidence will be presented to support their case.

Question 14

Direct evidence

Answer 14

refers to any evidence that directly addresses or proves a fact

Question 15

circumstantial evidence

Answer 15

refers to any evidence that requires interpretation or the judge or jury to draw a conclusion about its validity or meaning.

Question 16

Testimony

Answer 16

oral evidence offered by a sworn witness on the witness stand

Question 17

closing arguments

Answer 17

provides summary of the major supporting evidence

Question 18

Probative value

Answer 18

refers to whether the evidence is useful and relevant to the case and the judge makes the determination.

Question 19

charge

Answer 19

refers to the judge’s instructions concerning what evidence they can and cannot consider, a summary of the positions of the Crown and defence, the role of the jury, and the meaning of beyond a reasonable doubt, among other legal issues that may have arisen during the trial.

Question 20

Summary conviction offence

Answer 20

a less serious criminal offence that is triable before a magistrate or judge and, on conviction, carries a maximum penalty of a fine (not to exceed $5,000) or six months in a provincial correctional facility, or both.

Question 21

Indictable Offence

Answer 21

Generally, a more serious criminal offence that may carry maximum prison sentences of 14 years to life; examples include murder, robbery, and aggravated sexual assault.

Question 22

Hybrid (Or elective) Offences

Answer 22

Offences that can be proceeded summarily or by indictment—a decision that is always made by the Crown

Question 23

Absolute jurisdiction of provincial/ territorial superior courts

Answer 23

When a less serious indictable and hybrid offense takes place, the accused must be tried in a provincial or territorial court, even if the Crown proceeds by indictment. There are no jury trials in provincial court.

Question 24

Preliminary hearing

Answer 24

A hearing to determine if there is sufficient evidence to warrant a criminal trial.

Question 25

Publication ban

Answer 25

The court may order a publication ban to protect the identity of any victim or witness and is required to order a publication ban to protect the identity of all victims of sexual offences and witnesses of sexual offenders who are less than 18 years old.

Question 26

Release by the police

Answer 26

The Jp gives police direction on whether accused should be detained or released

Question 27

reverse onus

Answer 27

the accused must “show cause” why a release is justified

Question 28

Remand

Answer 28

The status of accused persons in custody awaiting trial or sentencing.

Question 29

Security certificates

Answer 29

A process whereby non-Canadian citizens who are deemed to be a threat to the security of the country can be held without charge for an indefinite period of time.

Question 30

Open court principle

Answer 30

The principle that, with certain exceptions, every stage of the court process must be open and accessible to the public

Question 31

The case for the crown

Answer 31

It is the task of the Crown to prove the guilt of an accused person beyond a reasonable doubt; if the Crown fails to do this, there can be no conviction

Question 32

The trial

Answer 32

An act by the Crown to terminate or suspend court proceedings after they have commenced.

Question 33

hearsay evidence

Answer 33

Evidence that is offered by a witness of which they do not have direct knowledge but, rather, their testimony is based on what others have said to them

Question 34

The case for defence

Answer 34

At the close of the Crown’s case, the defence may enter either an insufficient-evidence motion or a no-evidence motion

Question 35

Automatism

Answer 35

State of impaired consciousness

Question 36

Provocation

Answer 36

Persons charged w murder can claim provocations to justify a reduction to the charge of manslaughter

Question 37

Consent

Answer 37

Based on the argument that the complainant voluntarily agreed to engage in the activity in question.

Question 38

Bill C-51

Answer 38

amends the Criminal Code to state that an unconscious person is incapable of giving consent and expands the “rape shield” provisions of the Criminal Code to include communications of a sexual nature or for a sexual purpose.

Question 39

Battered woman syndrome

Answer 39

Experienced by women who have suffered chronic and severe abuse, battered woman syndrome (BWS) is a condition characterized by feelings of social isolation, worthlessness, anxiety, depression, and low self-esteem.

Question 40

Procedural defences

Answer 40

This category of defence strategies focuses not on the guilt or innocence of the accused, but rather on the conduct of the police or prosecution, or perhaps the validity of the law itself. In common parlance, this is known as “getting off on a technicality.”

Question 41

The jury

Answer 41

Juries are finders of fact while the role of the judge is to interpret the law, determine the admissibility of evidence, and instruct the jurors. It is the jury that will determine the guilt or innocence of the accused person.

Question 42

Restitution

Answer 42

A court-ordered payment that the offender makes to the victim to compensate for loss of or damage to property

Question 43

Criminal injury compensation

Answer 43

Financial remuneration paid to crime victims.

Question 44

Bill C-41

Answer 44

passed to address public concerns with sentencing disparity.

Question 45

Sentencing disparity

Answer 45

differences in sentences – either sentence length or type – between offenders convicted of similar offences.

Question 46

Utilitarian sentencing goals

Answer 46

focus on altering the future conduct of an offender. Deterrence includes both general and specific deterrence.

Question 47

General deterrence

Answer 47

refers to punishments that are designed to discourage like-minded offenders from committing a similar offence in the future

Question 48

specific deterrence

Answer 48

refers to punishments that are designed to discourage an individual from committing another crime in the future.

Question 49

Retributive sentencing goals

Answer 49

focus on the past – They attempt to assign a level of moral blame to the offender and reflect society’s intolerance of their transgressions. The expression ‘an eye for an eye’ is consistent with the intent of retribution in sentencing

Question 50

Restorative sentencing goals

Answer 50

rooted in indigenous views and are focused on regaining a balance in the community and a restoration of relationships that previously existed and were disrupted by the criminal transgression.

Question 51

concurrent sentence

Answer 51

refers to sentences that are amalgamated and served at the same time.

Question 52

consecutive sentence

Answer 52

refers to sentences that run separately and are completed on after another.

Question 53

intermittent sentence

Answer 53

a sentence that is served on a part-time basis, typically on weekends

Question 54

Absolute Discharge

Answer 54

The offender is found guilty but is not technically convicted and is set free with no criminal record.

Question 55

Conditional Discharge

Answer 55

The offender is found guilty and released on the condition that he or she comply with the conditions of a probation order. If the offender violates the conditions of the probation order they may be returned to court and sentenced on the original charge.

Question 56

Suspended Sentence

Answer 56

The offender is convicted of the offence, but the imposition of the sentence is suspended contingent on the successful completion of probation.

Question 57

Probation

Answer 57

The offender is placed under supervision in the community for a specified time under general conditions as well as potential specific conditions

Question 58

Conditional Sentence

Answer 58

The offender receives a term of confinement and is allowed to serve it in the community under the supervision of a probation officer with specific conditions.

Question 59

conditional sentence of imprisonment

Answer 59

for offenders who receive a sentence or sentences totalling less than two years.

Question 60

Net-widening

Answer 60

refers to a situation in which an offender is subject to a more intrusive punishment than what they would normally receive for a similar offence

Question 61

Sword of Damocles

Answer 61

Damocles is the moral story of a man who admires the power and privilege of his king, Dionysius, and is granted his wish to switch positions so he can experience Dionysius’ power firsthand. refers to the constant peril of breaching conditions and subsequent imprisonment that offenders may face when they receive a conditional sentence

Question 62

Aggravating Factors

Answer 62

elements of the offence or the offender’s background that could result in a harsher sentence.

Question 63

Mitigating Factors

Answer 63

elements of an offender or an offender’s background that could result in a lesser sentence.

Question 64

pre-sentence report (PSR)

Answer 64

prepared by a probation officer at the request of the sentencing judge and presents information on the offender’s background, present situation, and risk or needs.

Question 65

victim impact statement

Answer 65

a written statement that describes the harm or loss suffered by the victim of an offence. The court considers the statement when the offender is sentenced

Question 66

Dangerous Offender

Answer 66

allow a sentencing judge to designate an offender a dangerous offender. The DO designation follows a conviction and results in an indeterminate sentence for the offender. According to the Criminal Code, the Crown Attorney must file an application to have the offender designated a DO with the approval of the Provincial Attorney-General.

Question 67

serious personal injury offence

Answer 67

an indictable offence involving either (i) the use or attempted use of violence against another person or (ii) conduct endangering or likely to endanger the life or safety of another person or likely to inflict severe psychological damage on another person and for which the offender may be sentenced to imprisonment for ten years or more

Question 68

Long-Term Offender

Answer 68

requires an offender to spend up to 10 years under supervision following the expiry of their sentence. The offender must be convicted of a serious personal injury offence where a sentence of two years or more would be generally appropriate.

Question 69

victim crime surcharge

Answer 69

a way to provide funding for victim services

Question 70

judicial determination

Answer 70

An order by the sentencing judge that the offender serve one-half of their sentence before being eligible to apply for parole.

Question 71

judicial restraint order

Answer 71

Under Section 810 of the Criminal Code, you may lay an information before a justice of the peace (JP) if you have reasonable grounds to believe that another person will injure you, your spouse, your children, or your property.

Question 72

the evil woman theory

Answer 72

holds that women offenders are likely to be more severely punished due to their violation of gender norms and values

Question 73

Gladue report

Answer 73

A decision by the SCC which held that in cases where a term of incarceration would normally be imposed, judges must consider the unique circumstances of Indigenous people.

Question 74

Gladue decision

Answer 74

A decision by the SCC which held that in cases where a term of incarceration would normally be imposed, judges must consider the unique circumstances of Indigenous people.

Question 75

Collateral consequences (of sentencing)

Answer 75

The sanctions and prohibitions that are placed on persons convicted of criminal offences (and their families), particularly those offenders who have been incarcerated

Question 76

Case law precedent

Answer 76

Law that is established by previous court decisions and based on the rule of precedent

Question 77

Community impact statements

Answer 77

community impact statement describes to the court how the crime committed by the offender impacted the community impact statements

Question 78

Circle sentencing

Answer 78

A restorative justice strategy that involves collaboration and consensual decision-making by community res-idents, the victim, the offender, and justice system personnel to resolve conflicts and sanction offenders.

Question 79

Diversion

Answer 79

refers to any program, procedure, or practice that partly or entirely deals with criminal activity outside of the formal criminal justice system

Question 80

Labelling theory

Answer 80

Focuses on the impact of labels or individuals and how the stigma that results from some labels can limit prosocial integration and opportunities

Question 81

Stigmatizing shame

Answer 81

The focus is on the labelling of the individual as deviant, not the act, wherein deviant status becomes master status

Question 82

Reintegrative shaming

Answer 82

reintegrative shaming involves community disapproval of an act, not the individual, wherein the stigma is reduced and the individual is encouraged to rejoin society.

Question 83

Pre employment training model

Answer 83

Complete academic training, apply for a position in your respective province, and if hired, you would complete a training program administered by the provincial correctional services

Question 84

Presentence report

Answer 84

A report that is intended to outline the background of the offender as well their level of risk and specific treatment need to assist a judge in determining the most appropriate sentence

Question 85

Risk assessment

Answer 85

An evaluation or investigation process designed to accomplish two things:

1. Characterize the risk that an individual will commit a crime or violent act in the future
2. Develop strategies to manage or reduce that risk

Question 86

Static risk factor

Answer 86

Refers to historical characteristics of the offender that predict future reoffending

Question 87

Dynamic risk factors

Answer 87

Refers to characteristics of an offender that contribute to their risk but are changeable

Question 88

Actuarial risk assessment measure

Answer 88

A decision making survey that follows fixed or explicit rules for identifying the presence of risk factors and assigning an overall level of risk

ex. the Violence Risk Appraisal Guide

Question 89

Intermediate sanctions

Answer 89

A term used to describe a wide range of correctional programs that generally fall between probation and incarceration

Question 90

Continuum of sanctions

Answer 90

Intended to fit in between the use of probation and incarceration. It incorporates both rehabilitative and punitive aspects

Question 91

Offender oriented objectives

Answer 91

Intermediate sanctions are intended to provide an element of punishment as well as provide more control and supervision than offered by probation

Question 92

System oriented objectives

Answer 92

Intermediate sanctions are intended to reduce rates of incarceration and offender recidivism rates

Question 93

Shock deterrence programs

Answer 93

Programs that are used with young offenders and aimed at providing a brief but intense glimpse into the criminal justice experience

Question 94

Rational choice theory

Answer 94

According to this theory, offenders are rational decision makers with free will

ex. the venture academy

Question 95

A scared straight program

Answer 95

Refers to a deterrent or juvenile awareness program in which at risk youth visit a correctional facility where they are then confronted by inmate volunteers with stories about the realities of the prison

Question 96

Intensive supervision probation

Answer 96

Another intermediate sanction that situates itself between traditional probation and incarceration by increasing the condition and supervision experiences by offenders on probation
Best suited for high risk offenders

Question 97

Electronic monitoring

Answer 97

A correctional strategy that involves placing an offender under community supervision and then using electronic equipment to ensure that the conditions of supervision are fulfilled

Question 98

Front ends EM programs

Answer 98

Part of the sentencing process and involve a judge ordering the use of an em bracelet to maintain public safety while allowing the offender to serve their sentence in the community

Question 99

Back end EM programs

Answer 99

Part of the conditional release process and included as a condition of a temporary absence, work release, or parole

Question 100

Victim offender mediation

Answer 100

take a restorative approach in which the victim and the offender are provided with the opportunity to express their feelings and concerns

Question 101

Optional conditions

Answer 101

Conditions attached to offenders who are supervised in the community that are tailored to their specific risk and needs

Question 102

the risk principle in probation

Answer 102

states that correctional interventions have a greater chance of success when they are matched with the offender’s level of risk, because higher-risk offenders benefit more than medium-and low-risk offenders.

Question 103

the need principles in probation

Answer 103

To be effective, correctional interventions must address the criminogenic needs of offenders.

Question 104

Responsivity principle

Answer 104

Correctional interventions should be matched to the learning styles of individual offenders, with particular emphasis on cognitive-behavioural interventions.

Question 105

Pain of probation

Answer 105

The emotional and economic challenges that a probationer may experience while under probation supervision in the community

Question 106

Corrections

Answer 106

the wide range of policies, programs, and structures that are delivered by governments, non-profit agencies and organizations, and members of the public to punish, treat, and supervise persons convicted of criminal offences

Question 107

The reform era

Answer 107

offenders were viewed as inherently flawed. That is, crime was considered to originate from laziness and/or family instability. Stemming from this view correctional facilities were structured to be highly authoritarian and paternalistic institutions that focused on reinforcing “appropriate” morality and lifestyle choices with a heavy focus on religious training.

Question 108

The Pennsylvania Model

Answer 108

the correctional institution where Inmates are kept separate from one another

Question 109

Auburn Model

Answer 109

a correctional system that allowed inmates to interact with another during the day while holding them in individual cells at night.

Question 110

Brown Commission

Answer 110

Concerns with the treatment of inmates at Kingston Penitentiary.
The Brown Commission would offer harsh criticism of the use of corporal punishment in the penitentiary while emphasizing the need for rehabilitation programs. In Canada this led major correctional changes that are referred to as the Rehabilitation Era

Question 111

The Rehabilitation Era

Answer 111

influenced by the growth of psychology as a discipline. Its view of criminal behaviour was rooted in amedical modelthat saw criminal behaviour as the result of diseased or dysfunctional mental processes. The new focus on treatment and services that characterized the era tended to focus on therapy, vocational training, and education.

Question 112

The Reintegration Era

Answer 112

characterized by the growth in various conditional release options and community correctional facilities that began to focus on social skills development in addition to vocational and educational training.

Question 113

The Two year rule

Answer 113

refers to the split in correctional jurisdictions where offenders sentenced to two years or longer fall under the jurisdiction of the federal government while offenders sentenced to two years less a day fall under the responsibility of provincial or territorial governments.
-this provides a challenge for providing continuity of rehabilitative services

Question 114

Millhaven Institution

Answer 114

A federal maximum security correctional institution

Question 115

Maplehurst Correctional Complex

Answer 115

A provincial correctional centre that houses offenders sentenced to two years less a day

Question 116

Detention centres

Answer 116

Jails that house offenders on remand (awaiting trial or sentencing), offenders sentenced to 60 days or less, or offenders awaiting transfer to a federal or provincial correctional facility

Question 117

Treatment centres

Answer 117

Correctional institutions that provide specialized and intensive treatment for specific offender groups

Question 118

Corrections and conditional release act

Answer 118

Federal correctional facilities are operated by the Correctional Service of Canada (CSC) and are governed by theCorrections and Conditional Release Act

Question 119

National Parole board

Answer 119

the second federal agency that governs and manages federally-sentenced offenders. The NPB operates external to the CSC and is responsible for conditional release decisions and the supervision of offenders on conditional release.

Question 120

Maximum security institutions

Answer 120

Highly controlled

High security fencing

Question 121

Medium security institutions

Answer 121

Less controlled

Inmates have freedom of movement

Question 122

Minimum security institutions

Answer 122

No perimeter fencing

Unrestricted inmate movement

Question 123

Static security

Answer 123

Refers to fixed security apparatus, such as security towers or security checkpoints used to maintain security in correctional facilities

Question 124

Dynamic security

Answer 124

Refers to the approaches to ongoing interactions between staff and inmates adopted by institutions to maintain security in correctional facilities

Question 125

Total institutions

Answer 125

Highly structured organizations that control and manage all aspects of daily life- that pursue conflicting goals

Question 126

Administrative segregation

Answer 126

a legislative measure to ensure the safety of staff, visitors, and inmates and to maintain security

Question 127

Classification

Answer 127

The process by which inmates care is categorizes through the use of various assessments instruments to determine the appropriate security level if the inmates

Question 128

When are inmates placed in segregation?

Answer 128

Inmates are placed in segregation when they

(1) present a threat to the safety of the institution or an individual
(2) interfere with an investigation
(3) are at risk.

Question 129

Custody rating scale

Answer 129

used to assess the most appropriate level of security for the placement of the offender

Question 130

The statistical information on recidivism scale revised

Answer 130

used to assess that risk level of offenders excluding Indigenous offenders and female offenders

Question 131

The correctional plan

Answer 131

Sets out the specific treatment needs for each inmate and the corresponding rehabilitative services needed and available

Question 132

Temporary absence

Answer 132

A form of conditional release that allows an inmate to leave the correctional facility for a brief time periods to participating in employment or education opportunities, community activities, or family issues