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Law 12 > Sentencing > Flashcards

Sentencing Flashcards

(56 cards)

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1
Q

Conditional Release

A

Discharge from custody into the community under terms. Most who qualify are successful.

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2
Q

Pre-sentence Report

A

Provided by the probation officer about the offender’s situation. It may include interviews with character references, and this will be considered by the judge.

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3
Q

Victim Impact Statement

A

Victim describes effect of offence on their life. It is considered in sentencing.

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4
Q

Long-term Offender (LTO)

A

Criminals who repeatedly behave dangerously.

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5
Q

Mandatory Minimum Sentence

A

Minimum punishment under criminal code.

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6
Q

Objectives of Sentencing Under the Criminal Code (6)

A
  1. Denouncing unlawful conduct
  2. Deter offender and others
  3. Separate offenders from society, if needed
  4. Rehabilitate offenders
  5. Provide reparations for victims
  6. Promote a sense of responsibility in offenders
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7
Q

Retribution as a Sentencing Objective

A

Not allowed

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8
Q

Specific Deterrence

A

Discourage a specific criminal from reoffending

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9
Q

General deterrence

A

Discourage everyone from committing a crime.

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10
Q

Deterrence for Youth

A

General deterrence not allowed, specific deterrence allowed.

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11
Q

Recidivism

A

Recommitting crimes

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12
Q

Mitigating Circumstances (List some examples)

A

Facts that lessen responsibility of offender. May include: being a first time offender, having good character, having a good employment record.

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13
Q

Aggravating Circumstances (List examples)

A

Facts that increase responsibility of offender. May include: abuse of position of authority/trust, association with criminal organization.

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14
Q

Diversion Programs

A

Sentence that keeps offenders out of prison

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15
Q

Absolute Discharge

A

Release without conditions or criminal record

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16
Q

Conditional Discharge

A

Accused can avoid record of conviction if certain conditions are followed.

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17
Q

Suspended Sentence

A

Sentence postponed, if offender meets certain conditions, sentence is never served. Offender carries criminal record and can be placed on probation. Suspended sentence cannot be given when there is a mandatory minimum.

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18
Q

Probation

A

Punishment that allows the offender to live in the community under conditions and supervision.

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19
Q

Conditional Sentence

A

If sentence is less than 2 years and has no minimum sentence, offender may serve time in the community. A conditional sentence will be very similar to a suspended sentence.

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20
Q

Suspension

A

Sentence that removes a privilege.

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21
Q

Peace Bond

A

Court order requiring person to keep the peace and be on good behavior for up to a year.

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22
Q

Compensation

A

Something given to make amends for a loss.

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23
Q

Community Service Order

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A

Sentence that orders offender to do work in community under supervision

24
Q

Fine Option Program

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A

Credit for doing work similar to community service, replaces fine.

25
Pre-trial custody for imprisonment
Time offender spent in custody before trial counts toward sentence, pretrial custody is worth twice the time.
26
C:oncurrent Sentence
Serves both penalties at the same time.
27
Consecutive Sentence
Penalties served one after another.
28
Imprisonment of those in criminal organizations
Up to 14 years, always served consecutively.
29
Intermittent Sentence
Offender serves on evenings and weekends to maintain a job and family life, only imposed if sentence is less than 90 days. A probation order will also be imposed.
30
Principle of Totality
Rule of looking at all circumstances to ensure fair sentence. Usually, this means if someone is convicted of several violations of the same offence, they do not receive all the sentences consecutively. If someone commits fraud 24 times with each occasion carrying one year, a judge may give 2 years.
31
Dangerous Offender
Offender deemed too dangerous to public safety due to a pattern of behavior, receives indeterminate sentence.
32
Indeterminate Sentence
Prison sentence with no fixed end date. Offender stays in institution until authorities are satisfied they are not a danger to society.
33
Abolishment of the death penalty date
1976. Reaffirmed by Supreme Court in 2001.
34
Restorative Justice
Approach to crime that focuses on forgiveness and community improvement
35
Sentencing Circles
Bring together offender, victim, and others to decide on a punishment.
36
Healing Circles
Held to resolve conflict between offender and victim.
37
Releasing Circle
A meeting to plan for the successful return of an offender to the community.
38
Canadian Statement of Basic Principles of Justice for Victims of Crime (5)
1. Victims should be treated with compassion and respect 2. Safety and security of victims should always be considered. 3. Privacy of victims should be respected. 4. Victims are educated about what happens in the criminal justice process. 5. Victims are provided with information about support programs available for victims of crime.
39
Ombudsman
Official appointed to hear and investigate complaints made against the government.
40
Criminal Injuries Compensation Fund
Public money is used to compensate anyone who is injured by a crime. If offender is successfully sued, the funds must be returned.
41
Appellant
Party who requests an appeal in a higher court.
42
Respondent
Party who opposes the Appellant.
43
Requirements for Appeal
Defense: - Question of law - Question of fact Crown: - Question of law - The sentence - Trial judge orders indictment invalid or stays proceedings
44
Closed Custody
Used for dangerous offenders or those who are likely to escape.
45
Open Custody
Institution that provides opportunities for inmates to work.
46
Community Correctional Centers
Less secure than minimum security, allowed to work every day and return at night.
47
Parole
Release of an inmate before full sentence is served.
48
Temporary Absence
Granted to participate in rehabilitation programs, obtain medical treatment, or attend significant family events.
49
Day Parole
Releasing offender in day, but must return to institution at night.
50
Statutory Release
Release from institution as required by law. The final 1/3 of the sentence is served in the community. Exceptions include life sentences and indeterminate sentences.
51
Full parole
Offender's complete release under terms and conditions.
52
Faint Hope Clause
Reconsideration of parole eligibility for an offender sentenced to at least 15 years.
53
Accelerated Review
Parole board review of an offender's eligibility after 1/3 of sentence is served.
54
Royal Prerogative of Mercy
Federal Government's right to revoke a fine or prison sentence or issue a pardon.
55
Pardon
Being excused of a crime
56
Bonding
Insurance that guarantees the honesty of a person who handles money or other valuables.

Law 12 (3 decks)

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