Question 1

Critics of mandatory minimum sentences argue that they have little or no deterrence effect.

Accepted Answer

Critics argue that mandatory minimum sentences do not effectively deter crime because individuals often do not consider the specific penalties when committing offenses, and such policies remove judicial discretion, potentially leading to disproportionately harsh punishments for minor offenses.

Question 2

Recent Canadian mandatory minimum legislation includes the 2014 Protection of Communities and Exploited Persons Act and the 2015 Tougher Penalties for Child Predators Act.

Accepted Answer

Both the 2014 Protection of Communities and Exploited Persons Act and the 2015 Tougher Penalties for Child Predators Act are examples of Canadian legislation that introduced or modified mandatory minimum penalties for certain offenses, reflecting Canada's approach to addressing serious crimes through legislative measures.

Question 3

Highlight and discuss the six basic goals of sentencing in Canada. What are the main goals and rationales of each?
?

Accepted Answer

The answer of Highlight and discuss the six basic goals...

Question 4

What criteria would you use as a judge to decide on an offender's sentence? Give facts to back up your decision.
∙

Accepted Answer

The answer of What criteria would you use as a...

Question 5

How are sentencing law (Bill C-41) and Section 718.2 of the Criminal Code of Canada reflective of the four goals of sentencing? Include in your answer an analysis of the sentencing goal behind Section 718.2(e) in the Criminal Code of Canada.
?

Accepted Answer

The answer of How are sentencing law (Bill C-41) and...

Question 6

The Canadian Victims Bill of Rights (CVBR) defines a victim as an individual who has suffered physical or emotional harm, property damage or economic loss as a result of the commission or alleged commission of an offence.

Accepted Answer

The Canadian Victims Bill of Rights (CVBR) indeed defines a victim in this manner, recognizing the various forms of harm a victim may suffer due to criminal activity.

Question 7

According to Tonry, a substantial amount of research in the United States has found that mandatory minimum sentences reduce crime.

Accepted Answer

Research, including that reviewed by Tonry, generally indicates that mandatory minimum sentences do not effectively reduce crime rates and can lead to various negative outcomes, such as prison overcrowding and inconsistencies in sentencing.

Question 8

Critics of mandatory minimum sentences ignore the fact that they are consistent with the fundamental principles of sentencing in Canada.

Accepted Answer

Mandatory minimum sentences have been criticized for being inconsistent with the fundamental principles of sentencing in Canada, as they can limit judicial discretion and the ability to tailor sentences to the circumstances of the offence and the offender, which are key principles of Canadian sentencing guidelines.

Question 9

To date, the Supreme Court of Canada has not struck down mandatory sentences considered to be too severe.

Accepted Answer

The Supreme Court of Canada has struck down mandatory sentences that it has found to be cruel and unusual punishment, and therefore unconstitutional, under certain circumstances.

Question 10

There is no exception in Canada for judges who want to use discretion to deviate from the mandatory minimum sentences in exceptional cases.

Accepted Answer

In Canada, judges have no discretion to deviate from mandatory minimum sentences in exceptional cases.

Question 11

"System hydraulics" refers to the fact that any change made within the criminal justice system will influence the other components of the system.

Accepted Answer

The term "system hydraulics" is used to describe how changes in one part of a system, like the criminal justice system, can affect other parts due to their interconnected nature.

Question 12

Supporters of mandatory minimum sentences believe that they prevent crime.

Accepted Answer

Supporters of mandatory minimum sentences argue that they deter crime by ensuring that individuals who commit certain offenses receive a predetermined minimum punishment, thereby discouraging potential offenders from engaging in criminal activity.

Question 13

The introduction of victim impact statements has led to a more significant role for victims in sentencing in most criminal cases.

Accepted Answer

The answer of The introduction of victim impact statements has...

Question 14

The Canadian Victims Bill of Rights (CVBR) does not provide rights for victims of crime at the federal level.

Accepted Answer

The Canadian Victims Bill of Rights (CVBR) does indeed provide rights for victims of crime at the federal level, ensuring they are treated with respect and have rights to information, protection, participation, and to seek restitution.

Question 15

A mandatory minimum punishment is a form of determinate sentence.

Accepted Answer

A mandatory minimum punishment sets a specific, fixed minimum period of incarceration for certain offenses, which is a characteristic of determinate sentencing where the term of imprisonment is set to a fixed amount.

Question 16

Truth-in-sentencing laws require offenders to serve a minimum of 60 percent of their sentence.

Accepted Answer

Truth-in-sentencing laws vary by jurisdiction, and there is no universal requirement that offenders serve a minimum of 60 percent of their sentence. The specific percentage required to be served can differ significantly from one place to another.

Question 17

Recommendations made by victims about sentencing are through the victim impact statement itself.

Accepted Answer

The answer of Recommendations made by victims about sentencing are...

Question 18

To improve the rights of victims, Parliament passed the Victims Bill of Rights Act on April 23, 2015, creating the Canadian Victims Bill of Rights (CVBR) and amending other existing federal laws.

Accepted Answer

The Canadian Victims Bill of Rights (CVBR) was indeed passed on April 23, 2015, to enhance the rights of victims of crime and amend other existing federal laws, marking a significant step in recognizing and addressing the needs and rights of victims in the criminal justice system in Canada.

Question 19

Today, the Criminal Code of Canada contains less than 50 criminal offences where a mandatory minimum sentence must be handed down by a judge following a conviction.

Accepted Answer

The Criminal Code of Canada contains more than 50 criminal offences where a mandatory minimum sentence is required. These offences cover a range of criminal activities, including various firearms offenses, sexual offenses against children, and serious violent crimes, reflecting the Canadian legal system's stance on certain types of criminal behavior.

Question 20

The Canadian Victims Bill of Rights (CVBR) does not provide that when a victim is deceased or incapable of acting on their own behalf (e.g., when a victim is a child) certain individuals may exercise the victim's rights on their behalf.

Accepted Answer

The Canadian Victims Bill of Rights (CVBR) does indeed provide that when a victim is deceased or incapable of acting on their own behalf, such as when a victim is a child, certain individuals (like a family member or someone who has the legal authority to act on their behalf) may exercise the victim's rights for them.

Quiz 10: Sentences and Dispositions