Law 12 Chapter 9 Flashcards

1
Q

Absolute discharge

A

A sentence in which while the offender is found guilty, no conviction is recorded and the offender is free to go with out any convictions

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2
Q

Accelerated review

A

An early consideration (review) by the parole board of an offender’s eligibility (eg once 1/3 of sentence is served); allowed only if Meeting certain conditions

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3
Q

Appellant

A

The party who request an appeal in criminal court either the defence or crown

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4
Q

Binding-over

A

.

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5
Q

Bonding

A

Form of insurance guaranteeing the honesty of the person handling money or valuables

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6
Q

Capital punishment

A

death penalty

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7
Q

Community service order

A

Sentencing where community service is involved

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8
Q

Compensation

A

To make up for a loss (eg damages to an injured plaintiff) also known as restitution - in crim court - sentencing objective

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9
Q

Concurrent sentences

A

Penalty (sentence) for Crimean which penalties for two or more offences are served at the same time

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10
Q

Conditional discharge

A

Sentence where the offender is guilty no conviction is recorded and the offender is free to go but must meet certain expectations (eg probation) to avoid a record and new sentence

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11
Q

Consecutive sentence

A

Penalty where two or more offences are served one after the other

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12
Q

Correctional services

A

To serve time in prison

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13
Q

Dangerous offender

A

Person who meets criteria of being a threat to public and is given an indeterminate sentence

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14
Q

Day parole

A

An offender’s release from custody during the day under conditions (at institution or halfway house)

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15
Q

Deportation

A

Forced/thrown out of the country and sent back to original place

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16
Q

Deterrence

A

encourages or prevents a person from doing something

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17
Q

Diversion programs

A

sentences that keep offenders out of prison (probation, suspended sentence)

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18
Q

Escorted absence

A

inmates’ authorized times away form custody (medical treatment & programs)

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19
Q

Factum

A

a document that summarizes each party’s point of view.

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20
Q

Fine option program

A

alternative to paying a fine through community work

21
Q

Free pardon

A

cancellation of punishment b/c they are not considered to have done the crime

22
Q

Full parole

A

complete release from custody into the community under supervision and certain conditions

23
Q

Incarceration

A

imprisonment/confinement

24
Q

Indeterminate sentence

A

sentence usually given to dangerous offenders - no fixed release person is reviewed to see if they can go back to society

25
Q

Information

A

written complaint under oath a reason that a person committed an offence

26
Q

intermittent sentence

A

sentence to be served only on weekends or at night - allows the offender to keep a job (only valid for sentences less than 90 days)

27
Q

Ordinary pardon

A

cancellation of a punishment - still convicted but is forgiven by crown and released

28
Q

Parole

A

full parole or day parole (supervision w/certain restrictions)

29
Q

Parolee

A

Person that is serving parole

30
Q

Penology

A

person who studies jail and its effects on a person

31
Q

Pre-sentence report

A

prepared for the court - sets out his/her background

32
Q

principle of totality

A

rule or concept of looking at the whole when a person has committed several crimes (one big sentence instead of long prison term)

33
Q

probation

A

sentence that allows the offender temporary freedom as opposed to imprisonment

34
Q

probation order

A

order by the court to allow a person to live in a community under supervision

35
Q

Recidivism

A

repeat offenders return to prison

36
Q

rehabilitation

A

to help the person through drug addiction using programs instead of imprisonment (sentencing objective)

37
Q

Resocialization

A

reintroducing an offender into human society

38
Q

Respondent

A

party who opposes the appeal requested by the other party

39
Q

restitution

A

to be re-payed (to reimburse)

40
Q

retribution

A

to be revenged (eye for an eye)

41
Q

Royal Prerogative of Mercy

A

right of the governor general to alter a sentence imposed on a convicted person or cabnet’s right

42
Q

Segregation

A

to be blocked out from society as to protect it also keeping inmates away from each other

43
Q

Statutory release

A

an inmate’s release as required by law after 2/3 is served (except for certain offences)

44
Q

suspended sentence

A

delayed or held off sentence due to circumstances (judge doesn’t decide on penalty)

45
Q

suspended

A

take away a privilege (eg driving)

46
Q

temporary absence

A

no showing up for a short amount of time

47
Q

trial de novo

A

to appeal a sentence to get a new trial

48
Q

unescorted absence

A

leaving without letting people know

49
Q

victim impact statement

A

declaration from victim describing the effects of the offences on their life (consideration for judge during sentencing)