UNIT #9 - Sentencing & Parole

Question 1

Aboriginal overrepresentation

Answer 1

The discrepancy between the relatively low proportion of aboriginal people in the general Canadian population and the relatively high proportion of aboriginal people involved in the criminal justice system

Question 2

Absolute discharge

x2

Answer 2

(1) The release of an offender into the community with no conditions put in place
(2) Person is found guilty but will not be convicted and will have no criminal record

Question 3

Community service

Answer 3

A sentence that involves the offender performing a duty in the community, often as a way of paying off a fine

Question 4

Conditional discharge

x3

Answer 4

(1) The release Of an offender into the community with conditions put in place
(2) If offender breaches the conditions he could be sanctioned
(3) If probation period is completed successfully, the discharge will become absolute and the individuals criminal record will be clean.

Question 5

Day parole

Answer 5

(1) A form of parole that allows the offender to enter the community for up to one day (E. G., for the purpose of holding down a job)
(2)

Question 6

Fine

Answer 6

A sentence where the offender have to make a monetary payment to the courts

Question 7

Full parole

x5

Answer 7

(1) A form of parole that allows the offender to serve the remainder of his sentence under supervision in the community
(2) Before an offender is granted full parole, a thorough assessment is done to predict the likelihood of reoffending.
(3) Consideration is also given to what conditions should be implemented to address the chance of risk.
(4) To be granted full parole, offenders must
usually have been granted (and must have
successfully completed) unescorted temporary
absences and day parole.
(5) The offender is closely supervised while on full parole

Question 8

Fundamental principle of sentencing

Answer 8

Belief that sentences should be proportionate to the gravity of the offence and the degree of responsibility of the offender

Question 9

General deterrence

Answer 9

Sentencing in order to reduce the probability that members of the general public will offend in the future

Question 10

Imprisonment

Answer 10

A sentence served in prison

Question 11

Need principle

Answer 11

Principle that correctional interventions should target known criminogenic needs (I. E., Factors that relate to reoffending)

Question 12

Parole

Answer 12

The release of offenders from prison into the community before their sentence term is complete

Question 13

Parole board of Canada

Answer 13

The organization in Canada responsible for making parole decisions

Question 14

Reparations

Answer 14

A sentence where the offender has to make a monetary payment to the victim or the community

Question 15

Responsivity principle

Answer 15

Principle that correctional interventions should match the general learning style of offenders

Question 16

Restitution

Answer 16

A sentence where the offender has to make a monetary payment to the victim or the community

Question 17

Restorative justice

Answer 17

An approach to dealing with the crime problem that emphasizes repairing the harm caused by crime. Based on the philosophy that when victims, offenders, and community members meet voluntarily to decide how to achieve this, transformation can result

Question 18

Risk principle

Answer 18

Principle that correctional interventions should target offenders who are at high risk to reoffend

Question 19

Sentencing disparity

Answer 19

Variations in sentencing severity for similar crimes committed under similar circumstances

Question 20

Sentencing guidelines

Answer 20

Guidelines that are intended to reduce the degree of discretion the judges have when handing down sentences

Question 21

Specific deterrence

Answer 21

Sentencing in order to reduce the probability that an offender will reoffend in the future

Question 22

Statutory release

x2

Answer 22

(1) The release of offenders from prison after they have served two-thirds of their sentence
(2) an assessment is carried out to predict the likelihood of reoffending and consideration is
given as to what conditions should be implemented to address the chance of risk.

Question 23

Supreme Court of Canada

Answer 23

Created in 1875, the Supreme Court of Canada consists of eight judges plus the chief justice, who are all appointed by the federal government. The Supreme Court is the final court of appeal in Canada, and lower Canadian courts are bound by its rulings. The Supreme Court also provides guidance to the federal government on law-related matters, such as the interpretation of the Canadian constitution

Question 24

Systematic disparity

Answer 24

Consistent disagreement among judges about sentencing decisions due to factors such as how lenient judges think sentences should be

Question 25

Temporary absence x3

Answer 25

(1) A form of parole that allows the offender to enter the community on a temporary basis (e.g., For the purpose of attending correctional programs) (2) usually the first type of release an offender will be granted (3) can take part in activities such as substance-abuse programs, family violence counselling, and technical training courses.

Question 26

Unsystematic disparity

Answer 26

Inconsistent disagreement in a judges sentencing decisions over time when judging the type of offender or crime due to factors such as the judge’s mood

Question 27

Unwarranted sentencing disparity

Answer 27

Variations in sentencing severity for similar crimes committed under similar circumstances that result from reliance by the judge on legally irrelevant factors

Question 28

range of options open to a judge in sentencing an offender in Canada x5

Answer 28

(1) fines (2) conditional discharge (3) absolute discharge (4) restitution (5) community service

Question 29

Purposes of sentencing in criminal law x8

Answer 29

(1) To separate offenders from society (2) To provide reparations for harm done to victims or the community (3) To assist in rehabilitating offenders (4) General deterrence (5) Specific deterrence (6) To denounce unlawful conduct (7) to reduce the probability that offenders, and the rest of the community, will violate the law (8) Fundamental purpose of sentencing is to contribute to respect for the law and the maintenance of a just, peaceful, and safe society by imposing sanctions on individuals who commit crimes

Question 30

How Appellate/appeal courts differ from other courts x3

Answer 30

(1) Do not normally conduct trials (2) Or hear evidence from witnesses (3) Function is to review decisions rendered by the Superior-level courts

Question 31

Principles to be applied in sentencing and offender x6

Answer 31

(1) Fundamental Principles Of sentencing (2) A sentence should be adjusted to account for any relevant aggravating or mitigating circumstances relating to the offender or the offence. (3) Sentences should be similar for similar offenders committing similar offences under similar circumstances. (4) Where consecutive sentences are imposed, the combined sentence should not be unduly harsh. (5) And offender should not be deprived of liberty (for example imprisoned) if less restrictive sanctions are appropriate under the circumstances. (6) If reasonable, sanctions other than imprisonment should be considered for all offenders.

Question 32

range of options open to a judge in sentencing an offender in Canada x5

Answer 32

(1) fines (2) conditional discharge (3) absolute discharge (4) restitution (5) community service

Question 33

Why is discussion of the death penalty still relevant in Canada? x8

Answer 33

(1) The Canadian public appears to support the death penalty under certain conditions. (2) In a recent public opinion poll of 1514 Canadians, 63% of respondents supported the reinstatement of the death penalty for murder. (3) Some of the reasons Canadians give for supporting it are based on potentially faulty logic. (4) Believe it would serve to act as a deterrent for potential murderers. (5) The deterrence argument assumes that offenders think about the punishment before acting, which does not appear to be the case for many offenders. (6) A very large number of murders are committed in the heat of passion, or under the influence of alcohol and other drugs, with the offenders paying very little attention to the consequences of their crimes. (7) If the penalty does act as a crime deterrent, we would expect to see an increase in the Canadian right since abolition. (8) The murder rate in Canada has generally declined since 1975, around the time when the death penalty was abolished.

Question 34

How could sentencing disparity be reduced in Canada? x7

Answer 34

(1) Disparity exists because the law Canada allows judges a great deal of discretion when making sentencing decisions (2) Starting-point sentences: Those that courts of appeal have determined to be appropriate for particular crime categories. (3) As a way of ensuring fairness the sentences are to be used by trial judges a starting point, which can be revised (up or down) once the judge takes into account relevant aggravating and mitigating factors. (4) Develop sentencing guidelines: Guidelines that are intended to reduce the degree of discretion that judges have when handing down sentences. (5) Attempt to provide a more consistent, structured way of arriving at sentencing decisions Thus, Reducing sentencing disparity. (6) In the United States, for example, sentencing guidelines exist that Are designed to limit disparity by imposing restrictions on the sentences that judges can hand down when dealing with individuals who have committed similar crimes and have a Similar criminal history. (7) These guidelines require judges to make certain decisions unless they have reasons for the parting from the guidelines.

Question 35

Range of factors influencing sentencing decisions of judges x2

Answer 35

(1) The offender’s degree of responsibility - Various aggravating and mitigating factors - Seriousness of the offence - The harshness of the sentence (2) Extra-legal Factors: Factors that have little to do with the crime - Gender - Age - Race

Question 36

Methods of studying sentencing disparity x3

Answer 36

(1) Laboratory-based simulation studies (2) Variations in sentencing severity (3) Examination of official sentencing statistics in an attempt to uncover variations in judicial sentencing decisions.

Question 37

Methods of studying sentencing disparity: Laboratory-based simulation studies x3

Answer 37

(1) Researchers present mock judges, or real judges, with details of the case and examine if and how sentencing decisions assigned to those cases by the judges vary. (2) Details of a given case are typically held constant (3) So any variation that is found across judges can presumably be attributed to a reliance on legally irrelevant factors (e.g. A judge’s personality, philosophy, training)

Question 38

Three noted principles of effective correctional intervention and their relationship to recidivism x4

Answer 38

(1) Need principle - Correctional intervention should target known criminogenic needs - For example, anti-social attitudes, antisocial personality factors, interactions with antisocial peers, and substance abuse (2) Risk principle - Correctional interventions should target offenders who are at high risk to reoffend - Effective interventions will focus on those offenders who are at high risk of reoffending - Not only are low-risk offenders unlikely to reoffend, but also their chances of reoffending may actually increase if exposed to an intervention because of the fact that they will be brought to contact with people who hold anti-social attitudes (3) Responsibility principle - correctional intervention should match the general learning style of offenders - Effective interventions will match the general learning styles and abilities of the offender being targeted as well as more specific factors such as the offender’s personality, gender, ethnicity - Structured, cognitive-behavioral interventions are likely to be most useful with offenders (4) Offenders taking part in appropriate programs exhibited a decrease in recidivism, whereas offenders taking part in inappropriate programs exhibited an increase in recidivism

Question 39

What are the four principles involved in parole? x4

Answer 39

(1) The conditional release of offenders into a community so they can serve the remainder of their sentences outside an institution. (2) an attempt to rehabilitate offenders so they can become productive contributors to society. (3) a high degree of community supervision to ensure the parolee is abiding by certain rules. (4) a clause that, if the conditions of parole are not complied with, an offender’s parole can be revoked and he or she can be sent back to prison.

Question 40

common myths about parole decision making x5

Answer 40

(1) Parole reduces the sentence imposed by the courts. - does not reduce the sentence imposed by the courts; it affects only the way in which a sentence will be served. Parole allows offenders to serve their sentences in the community under strict conditions and the supervision of a parole officer. If offenders abide by these conditions, they will remain in the community until their sentence is completed in full, or for life in the case of offenders serving life or indeterminate sentences. (2) Parole is automatically granted when an inmate becomes eligible for parole consideration.. - is not automatically granted when inmates become eligible. In fact, the PBC denies full parole to approximately six out of ten offenders at their first parole review date. (3) Myth #3 The PBC grants parole to offenders who express remorse for the offences they have committed. - Whether offenders express remorse is only one of the factors the PBC considers. Of greater importance is whether offenders understand the factors that contributed to their criminal behaviour, the progress they made while incarcerated, and the feasibility of their plans upon release. (4) Most of the offenders released on parole are convicted of new crimes. - Most offenders released on parole successfully complete their sentences without committing new offences or breaching the conditions of their parole. (5) Victims do not have a role in the parole process, and their views are not taken into account. - Victims and their families have a significant role in the parole process. They have the opportunity to present a statement directly to the PBC about any concerns they have for their safety or the safety of the community. In addition, victims may remain in contact with the PBC while the offender is under sentence. Moreover, the PBC allows victims, as well as other members of the public, to observe parole hearings and to request copies of written decisions.

Question 41

Relationship between different types of community sanctions and effects on criminal recidivism x3

Answer 41

(1) Based on results from studies it can be concluded there is very little evidence that community sanctions lead to substantial decreases in recidivism rates (compared with regular probation) (2) It was found that scared straight, prison versus community, more versus less prison, electronic monitoring, & drug testing actually increased Recidivism rates. (3) Fines and restitution were found to decrease recidivism rate

Question 42

degrees of parole are available to inmates x4

Answer 42

(1) full parole (2) Statutory release (3) temporary absence (4) day parole

Question 43

Discrepancy between public Opinion & the facts about CJ System x5

Answer 43

(1) Discrepancy occurs because Of an inadequate understanding On the part of the public of crime And how criminal justice system Responds to it (2) Studies show media Presents biased view of CJ System (3) Researchers suggest public Does not adequately correct For the unrepresentative range Of cases they hear about in the Media. (4) High profile cases of serious Offender’s being treated leniently Particularly persuasive and convince Public offenders get off easy in Canada (5) Result is the negative feelings And perceptions of leniency Are perpetuated

Question 44

general trends emerge from public opinion surveys regarding the criminal justice system x4

Answer 44

(1) Canadians exhibit the least amount of confidence in the court, prison, and parole system. (2) Think that offenders are treated too leniently. (3) Do you is that the federal government and courts do not treat criminals harshly enough. (4) Public consistently underestimates how harshly criminals are treated in reality.

Question 45

relationship between different types of parole and “success” in terms of revocation for breach of conditions x5

Answer 45

(1) most recent Performance Monitoring Report published by the PBC, federal offenders who are granted parole based on an assessment of their risk of reoffending are more likely to complete their supervision period in the community compared with offenders released as a result of statute-based systems. (2) offenders who were granted day or full parole were more successful compared to those granted statutory release;however, even in the case of statutory release, the majority of offenders are successful. (3) Success rates also seem to be improving for each group over time, albeit only slightly. (4) most of the failures experienced by offenders on parole (and statutory release) are due to breach of conditions rather than the commission of new offences. (5) relatively few offenders go on to commit additional crimes upon their release.