Question 1

According to public opinion survey results collected over the past three decades, what percentage of Canadians view sentencing as too lenient?

Accepted Answer

Public opinion surveys over the past thirty years consistently show that approximately 75 percent of Canadians believe sentencing is too lenient.

Question 2

What sentencing goals are exemplified when a judge imposes a term of imprisonment for a convicted offender and states that the sentence is designed to discourage the offender from repeating the offence?

Accepted Answer

A

Question 3

What sentencing goals are exemplified when a judge imposes a term of probation for a convicted offender and states the sentence is designed to address the offender's drug addiction issues, which contributed to the offender's criminality?

Accepted Answer

The judge's decision to impose probation to address the offender's drug addiction aligns with utilitarian goals, which focus on rehabilitation and reducing future criminal behavior by addressing underlying issues.

Question 4

Which sentencing goals are based on the principle that criminal behaviour injures NOT only the victim but also communities and offenders, and are designed to protect the public from future criminal behaviour?

Accepted Answer

Restorative goals focus on repairing the harm caused by criminal behavior to victims, communities, and offenders, aiming to restore relationships and prevent future harm.

Question 5

Which term refers to serving time on a "part-time" basis (generally weekends, from Friday evening until Monday morning) and generally for NO more than 90 days?

Accepted Answer

An intermittent sentence allows an offender to serve their sentence in intervals, typically on weekends, rather than continuously. This option is often used for sentences of 90 days or less and is designed to allow the offender to maintain employment or attend to personal matters during the week.

Question 6

A convicted offender is required to fulfil the conditions of a probation order. Upon successfully completing the order, the offender is set free without a criminal record. Which sentencing option does this situation exemplify?

Accepted Answer

A conditional discharge is a sentencing option where an offender is found guilty, but instead of being convicted, they are discharged on the condition that they meet certain requirements. If these conditions are successfully met, the offender does not receive a criminal record for the offence.

Question 7

Upon conviction, an offender is placed under supervision in the community for a specified period of time (maximum three years), must fulfill general conditions, and may be required to adhere to, or complete, specific conditions (e.g., attend alcohol or drug counselling). What is this sentence called?

Accepted Answer

Probation is a type of sentence where an offender is allowed to remain in the community under supervision instead of serving time in prison, with the requirement to follow certain conditions. Parole, on the other hand, is conditional release from prison before the full sentence is served. Bail is a temporary release of an accused person awaiting trial, often under conditions. An intermittent sentence is a jail sentence that the offender serves in blocks of time, rather than all at once.

Question 8

A person convicted of a sexual assault (Level 1) will serve six months on house arrest, and then be subjected to a 10 p.m. to 6 a.m. curfew. He is also ordered to provide a sample of his DNA for the National DNA Data Bank and will be listed on the National Sex Offender Registry for 20 years. He must abstain from the purchase, possession, consumption, and use of alcohol and illegal substances; attend assessment, treatment, and counselling; NOT associate with the victims of his assault; and NOT be present in the community where the assault occurred without the permission of his probation officers. What type of sentence is has this person received?

Accepted Answer

This person has received a probation sentence, as indicated by the conditions such as house arrest, curfew, DNA sample collection, listing on the National Sex Offender Registry, substance use restrictions, mandatory attendance in programs, and restrictions on association and location, all of which are typical probation conditions rather than terms of bail, judicial interim release, or statutory release.

Question 9

In R. v. Ipeelee, in which two Indigenous men were arrested for drug smuggling at the U.S. border, the Supreme Court of Canada ruled that they should NOT be extradited to the United States. Which statement best reflects the basis of this decision?

Accepted Answer

The Supreme Court of Canada's decision was based on the principle that the men's Indigenous heritage, which must be considered in sentencing as per Canadian law, would not be taken into account in the United States. This reflects the application of the Gladue principles, which require courts to consider the unique circumstances of Indigenous individuals in sentencing.

Question 10

Which of the following was a finding in the Supreme Court decision on R. v. Gladue?

Accepted Answer

The Supreme Court decision in R. v. Gladue emphasized that judges must consider the unique systemic or background factors affecting Indigenous people when determining a sentence, including the option of incarceration. This does not mean Indigenous persons cannot be sent to prison, but rather that their unique circumstances must be considered in sentencing decisions.

Question 11

An offender is sentenced to six years in prison and becomes eligible to apply for parole after serving three years. What Criminal Code clause did the judge impose on the offender at sentencing?

Accepted Answer

The answer of An offender is sentenced to six years...

Question 12

Which term refers to a person who has been convicted of committing a serious personal injury offence (except murder) or has a pattern of serious violent offences, has been deemed to present a danger to society, and is highly likely to put the community at risk if NOT imprisoned?

Accepted Answer

A dangerous offender is a legal designation used in some jurisdictions for individuals convicted of serious crimes who are considered likely to commit further violent acts, posing a significant risk to the public if not detained.

Question 13

What type of sentence can a judge order for an offender who has been designated as dangerous?

Accepted Answer

A judge can order a sentence of an indeterminate period for an offender who has been designated as dangerous, meaning there is no fixed end date to their incarceration, and their release is contingent upon a determination that they no longer pose a threat to the public.

Question 14

What are judicial determination and dangerous and long-term offender designations designed to manage?

Accepted Answer

The answer of What are judicial determination and dangerous and...

Question 15

What specific crimes can receive the long-term offender designation, when the Crown lacks the rigid requirements or level of evidence needed to file a dangerous offender application?

Accepted Answer

Sexual offences can receive the long-term offender designation when the Crown does not have the necessary evidence to pursue a dangerous offender application. This designation is used for individuals who pose a substantial risk of reoffending but do not meet the criteria for a dangerous offender.

Question 16

When deciding on sentencing, the judge considers that the offender abused a position of authority when committing sexual assault. What type of factor did the judge consider?

Accepted Answer

The judge considered an aggravating circumstance, as abusing a position of authority to commit a crime typically increases the severity of the sentence.

Question 17

What term refers to the variety of courts that have been developed to divert offenders with special needs from the criminal justice system, including mental health courts, domestic violence courts, and others?

Accepted Answer

Problem-Solving Courts are specialized courts designed to address the underlying problems that contribute to criminal behavior, such as mental health issues or domestic violence, by offering treatment and support instead of traditional punishment.

Question 18

What term refers to the process that involves using the law and the courts' authority as change agents to promote the health and well-being of offenders, while also ensuring that their legal rights are protected and that justice is done?

Accepted Answer

Therapeutic justice refers to the process of using the legal system and its procedures to support the rehabilitation and well-being of offenders, ensuring their rights are protected and justice is served. This approach focuses on the potential for the law to act as a therapeutic agent.

Question 19

Which of the following is a principle of circle sentencing?

Accepted Answer

The answer of Which of the following is a principle...

Question 20

What does research evidence reveal about the effectiveness of sentencing?

Accepted Answer

Research has consistently shown that the certainty of being caught and punished has a more significant deterrent effect on potential offenders than the severity of the punishment itself. This is because the perceived risk of punishment can act as a more immediate and tangible deterrent than the potential harshness of the punishment, which might not be as readily considered by individuals contemplating criminal activity.

Quiz 4: Sentencing: Beginning the Corrections Process