Unit test #3B Concepts

Question 1

Mental disorder - conditions, burden of proof, and sentencing

Answer 1

History of mental disorders and conditions must be taken into consideration for the offence and sentencing

Question 2

Self defence

Answer 2

A person may use force to defend against an unprovoked assault where there is no intent to kill or cause serious harm to the attacker. May be within reasonable force and if the victim was threatened with bodily harmed and feared death they have the right to protect themselves at all cost.

Question 3

Battered woman’s syndrome - conditions and justifications

Answer 3

think the abuse is their fault. hide the abuse from friends and family. fear for their life or the lives of their children. believe that the abuser is all-knowing and can see their every movement.

Question 4

6 goals for sentencing

Answer 4

denunciation, deterrence, separation, rehabilitation, reparation, and offender-victim-community restoration

Question 5

Items the judge must take into consideration with determining an appropriate sentence

Answer 5

the seriousness of the crime, the offender’s criminal record, personal history, and any impact on the victim. The judge also considers the offender’s responsibility, the circumstances of the crime, and the offender’s prospects for rehabilitation.

Question 6

Sentencing recommendations

Answer 6

Sentencing recommendations are suggestions made to the court regarding the appropriate sentence for a convicted offender. These recommendations can come from various sources, including the Crown (prosecution), defense counsel, and probation reports. However, the judge ultimately decides the final sentence, even if it differs from the recommendations.

Question 7

Different types of aggravating defence

Answer 7

a history of similar offences, targeting vulnerable victims, or the use of a weapon. In contrast, mitigating factors, such as a lack of criminal record or a person’s age, can lead to a lighter sentence.

Question 8

Different types of sentencing

Answer 8

custodial sentences like imprisonment, and non-custodial alternatives such as probation, fines, and conditional sentences

Question 9

Police procedures - what to do when you arrest someone

Answer 9

they must identify themselves, inform the person they are under arrest and why, and take physical control of the person