Sentencing

Question 1

Most common sentence for youth and adults?

Answer 1

probation

Question 2

intermittent sentence

Answer 2

serving jail time usually on weekend
sentence must be less than 90 days

Question 3

718.1 of criminal code

Answer 3

A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.

Question 4

718.2 (b) of criminal code

Answer 4

A sentence should be similar to sentence imposed on similar offenders for similar offences committed in similar circumstances.

Question 5

Why do we have Mandatory minimum penalties

Answer 5

This is to help that all people who commit the same offence will have the same minimum

Question 6

problems with MMPs and plea deals

Answer 6

Crown prosecutors determine the sentence and tell the suspect to accept a plea deal so they might be placed in prison unknowing of the minimum sentence

Question 7

Who has more mandatory minimums CDN or USA

Answer 7

CDN

Question 8

judges can hand down ____ minimums but not ____

Answer 8

higher lower

Question 9

What do MM[s threaten

Answer 9

individualized justice

Question 10

Aggravating factors

Answer 10

Factors that judges would lead to a more severe sentence (criminal history, if the victim was vulnerable person (young children, the elderly, disability), significant physical injury to victim, premeditation, abuse of position of trust(teacher, coach, priest), hate crime)

Question 11

Mitigating factor

Answer 11

First time offender, youth, remorse, unfortunate background, guilty plea, cooperation with authorities, post offence rehabilitation effort (Anger management, AA)

Question 12

Pre-sentence report

Answer 12

Probational officer will speak with the offender, interview them and police officers, family, doctors, friends. To paint an image of who this person is. It will give a better view of how the person acts. 1 month to be done and 11 pages long

Question 13

psychological report

Answer 13

mental health status

Question 14

absolute discharge

Answer 14

Individual is found guilty but there is no conviction (discharge). Would appear on criminal record for 1 year then disappears. When you are filling out job application and it asks if you were convicted you can check no b/c you were found guilty but never charged.

Question 15

Conditional discharge

Answer 15

Person found guilty but not convicted. In order for them to not be convicted they have to comply with condition and once they have fulfilled those conditions then there is no conviction on their record. Appears on criminal record for 3 years then disappears.

Question 16

suspended sentences

Answer 16

The sentence is suspended. Identical to conditional discharge with 1 exception, they are still convicted. Nothing else will happen as long as conditions are fulfilled