midterm #2 review

Question 1

This category of criminal law safeguards the rights of the accused and focuses on legal guilt rather than factual guilt:

a) substantive criminal law
b) procedural criminal law
c) tertiary criminal law
d) all of the above
e) none of the above

Answer 1

b) procedural criminal law

Question 2

this legal element of a crime requires the Crown to prove that the accused acted with a guilty mind (i.e.. intent) -

a) actus reus
b) causation
c) mens rea
d) all of the above
e) none of the above

Answer 2

c) mens rea

Question 3

which of the following defences is a JUSTIFICATION defence?

a) mental disorder
b) automatism
c) mistake of fact
d) self-defence
e) age

Answer 3

d) self-defence

Question 4

this source of law is the supreme law in Canada, meaning all other sources must conform with the principles found within it:

a) common law
b) statue law
c) case law
d) administrative regulations
e) the constitution

Answer 4

e) the constitution

Question 5

the crime of MURDER is classified as what kind of criminal offence?

a) summary conviction offence
b) hybrid offence
c) indictable offence
d) all of the above
e) none of the above

Answer 5

c) indictable offence

Question 6

which of the following is a common condition of interim release (bail)

a) accused must report to a police officer
b) accused must report to a police officer
c) accused agrees not to communicate with witnesses
d) all of the above
e) none of the above

Answer 6

d) all of the above

Question 7

in this legal aid model, recipients are able to pick their own lawyer and lawyers are paid a set fee:

a) judicare model
b) staff system model
c) mixed model
d) self-help model
e) none of the above

Answer 7

a) judicare model

Question 8

which of the following is a factor that influences the exercise of prosecutorial discretion?

a) sufficient evidence for conviction
b) seriousness of the offence
c) criminal record of the accused
d) all of the above
e) none of the above

Answer 8

d) all of the above

Question 9

which of the following is a reason why prosecutors choose to engage in plea bargaining?

a) it helps them dispose of cases quickly
b) it protect them from the risk of losing the case trial
c) they may gain additional information about other crimes during the process
d) all of the above
e) none of the above

Answer 9

d) all of the above

Question 10

which of the following factors is taken into account when a judge decides if a person’s right to a speedy trial under s. 11(b) of the Charter has been violated?

a) the length of the delay
b) the reason for the delay
c) whether the accused is prejudiced by the delay
d) all of the above
e) none of the above

Answer 10

d) all of the above

Question 11

“three strikes” laws are an example of which basic goal of sentencing?

a) healing
b) restoration
c) selective incapacitation
d) rehabilitation
e) none of the above

Answer 11

c) selective incapacitation

Question 12

according to this sentencing model, the “punishment should fit the crime” and extralegal factors should not be considered:

a) deterrence model
b) rehabilitation model
c) healing model
d) justice model
e) none of the above

Answer 12

d) justice model

Question 13

this goal of sentencing focuses mainly on repairing the harm that has been done as the result of a crime:

a) selective incapacitation
b) restoration (or restorative justice)
c) rehabilitation
d) deterrence
e) none of the above

Answer 13

b) restoration (or restorative justice)

Question 14

according to a 2014-15 study cited in your textbook, in cases where an accused was found guilty, the most common sentence handed out (43 percent) was:

a) imprisonment
b) probation
c) fines
d) restitution
e) none of the above

Answer 14

b) probation

Question 15

according to section 718.2(e) of the Criminal Code, sentencing judges should:

a) increase or decrease sentences accounting for aggravating or mitigating factors
b) impose similar sentences on similar offenders who have committed similar offences
c) consider whether combined sentences are unduly long or harsh
d) consider less restrictive sanctions when appropriate
e) pay particular attention to the circumstances of Indigenous offenders and consider sanctions other than imprisonment

Answer 15

e) pay particular attention to the circumstances of Indigenous offenders and consider sanctions other than imprisonment

Question 16

which of the following is NOT a mitigating factor considered by judges in sentencing?

a) first-time offender
b) use of threatened use of a weapon
c) rehabilitative efforts
d) guilty plea and remorse
e) disadvantaged background

Answer 16

b) use of threatened use of a weapon

Question 17

which of the following circumstances will generally render a sentencing circle inappropriate in any given case?

a) the crime is of a serious, violent nature
b) the offender is a repeat offender
c) the offender’s attitude i.e. unwilling to participate in sentencing circles
d) all of the above
e) none of the above

Answer 17

d) all of the above

Question 18

which of the following is true about the representation of Indigenous people in the criminal justice system?

a) indigenous people are under-represented i.e. sentenced to incarceration at a lower rate than their proportion to the general population
b) indigenous people are over-represented i.e. sentenced to incarceration at a higher rate than their proportion to the general population
c) indigenous people are sentenced to incarceration at the same rate as the general population
d) all of the above
e) none of the above

Answer 18

b) Indigenous people are over-represented i.e. sentenced to incarceration at a higher rate than their proportion to the general population

Question 19

your textbook suggests that this is the most frequent type of error in wrongful conviction cases:

a) eyewitness eror
b) misleading statements by forensic scientists
c) police failing to disclose exculpatory evidence
d) judges giving improper directions to the jury
e) none of the above

Answer 19

eyewitness error

Question 20

research on victim impact statements in Canada shows that:

a) they have had a clear impact on length and severity of sentences
b) they have had an unclear impact on length and severity of sentences
c) they have been used unevenly across Canada
d) B and C above
e) A and C above

Answer 20

B and C above

Question 21

which level of government determines the proportionality of sentences in Canada?

a) federal
b) provincial/territorial
c) regional
d) municipal

Answer 21

a) federal

Question 22

which of the following is NOT an example of alternative sanction?

a) incarceration
b) diversion
c) community service
d) probation

Answer 22

a) incarceration

Question 23

which of these statements describes determinate sentencing?

a) a pre-determined period of incarceration that is decided through case law and cannot be reduced by a judge or correctional official
b) a fixed period of incarceration that is decided by the legislature and cannot be reduced by a judge or correctional official
c) a flexible term of incarceration that is decided by the legislature but can be adapted by a judge or correctional official
d) an undetermined term of incarceration that is decided through case law but can be adapted by a judge or correctional official

Answer 23

b) a fixed period of incarceration that is decided by the legislature and cannot be reduced by a judge or correctional official

Question 24

martha believes that for punishment to be most effective it must be guaranteed that those who commit an offence receive a criminal sentence. which of these principles of punishment is Martha in support of?

a) compensation of punishment
b) certainty of punishment
c) swiftness of punishment
d) severity of punishment

Answer 24

b) certainty of punishment

Question 25

where do most convicted offenders serve their sentences in Canada?

a) in remand settings
b) in the community
c) in provincial custody
d) in federal custody

Answer 25

b) in the community

Question 26

which of the following is NOT a key component of the RNR model of community correctional treatment?

a) responsivity
b) negotiation
c) risk
d) need

Answer 26

b) negotiation

Question 27

according to experts, which of these aspects of probation case management is most critical to probationer success?

a) probation officer’s caseload
b) probation officer-probationer relationship
c) offender risk assessment
d) offender remorse

Answer 27

a / b / c / d /e

• this is wrong

Question 28

Gillian is a probation officer who is responsible for assessing each of her probationer’s likelihood of re-offence. Which of these principles is Gillian assessing?

a) negotiation
b) need
c) risk
d) responsivity

Answer 28

c) risk