SECTION 9 Flashcards
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 is Rehabilitation in the context of sentencing?
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 is Restitution in the context of sentencing?
Requires the offender to repay the victim to reduce the impact of the offence.
How does an offender’s Pre Sentence Report affect their possible sentence?
The report includes information about the offender’s history and future conduct, which the judge will consider.
What are mitigating factors?
Extenuating circumstances that can be used to 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
This can build connections within the community.
What are two examples of a Suspension of Privilege?
Driver’s Licence, Restaurant Alcohol Licence
What could be the worst possible outcome for a Young Offender found guilty of a criminal offence?
Tried as an Adult Offender and face higher charges.
What role could you have 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?
Right to appeal to the SCC or higher courts.
What are the long term effects of being recognized as a Dangerous Offender?
Indeterminate sentence and increased restrictions.
List three conditions that might be put 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, Maximum: Kent Institution.
Name the body that a prisoner in Canada applies to for Parole.
National Parole Board of Canada
What are the three different types of Conditional release or Parole an Offender could apply for?
Day Parole, Full Parole, Statutory Release.
What is the Youth Criminal Justice Act?
YCJA
What is the difference between Open Custody and Secure Custody?
Open custody is for youth who will respect rules, while secure custody is for those needing higher security.
