Question 1

The utilitarian goals of sentencing focus on the future conduct of the offender.

Accepted Answer

Utilitarian goals of sentencing, such as deterrence, rehabilitation, and incapacitation, are forward-looking, aiming to influence the future conduct of the offender to prevent further crimes.

Question 2

Canadian judges have the ability to mix and match multiple sentencing options.

Accepted Answer

Canadian judges have the discretion to combine different types of sentences, such as imprisonment, fines, probation, and community service, to tailor the punishment to the specifics of the case and the offender.

Question 3

Intermittent sentencing options are only available for sentences of three months or less.

Accepted Answer

Intermittent sentencing, which allows offenders to serve their sentences in segments (e.g., weekends), is typically available for sentences of 90 days or less, allowing them to maintain employment or family responsibilities.

Question 4

The major problem with restitution orders is that they are difficult to enforce.

Accepted Answer

Restitution orders often face enforcement challenges because the offenders may not have the financial resources or willingness to comply with the payment requirements, making it difficult for victims to receive the compensation awarded by the court.

Question 5

Sentencing goals fall into three major groups: deterrent, rehabilitative, and restorative.

Accepted Answer

Sentencing goals typically fall into five major groups: retribution, deterrence, incapacitation, rehabilitation, and restoration.

Question 6

Being an Aboriginal offender may be a mitigating factor at sentencing in Canada.

Accepted Answer

In Canada, being an Aboriginal offender can be considered a mitigating factor at sentencing due to the Supreme Court's decision in R. v. Gladue (1999), which requires courts to take into account the unique circumstances of Aboriginal individuals, including the systemic or background factors that may have contributed to their criminal behavior.

Question 7

A person can be declared to be a dangerous offender by a sentencing judge only if the Crown counsel makes a formal application after conviction but before sentencing.

Accepted Answer

The declaration of an individual as a dangerous offender in many jurisdictions requires a formal application by the Crown counsel (or equivalent prosecuting authority) after a conviction has been secured but before sentencing, allowing the court to consider the dangerous offender status during the sentencing process.

Question 8

The "long-term offender" designation is available for all offenders who receive a sentence of custody in a correctional institution.

Accepted Answer

The "long-term offender" designation is specifically for certain offenders who are deemed likely to re-offend, and not all offenders who receive a sentence of custody automatically qualify for this designation. It is applied based on assessments of the offender's risk to re-offend and other criteria, not merely the fact of receiving a custodial sentence.

Question 9

Crime victims are allowed to recommend a sentence that the judge should impose.

Accepted Answer

While crime victims may have the opportunity to provide a victim impact statement during the sentencing phase of a trial, it is ultimately the judge (or jury in some jurisdictions) who determines the sentence based on legal guidelines, precedents, and the specifics of the case, not the victim's recommendation.

Question 10

Intermittent sentences may be served on evenings and weekends.

Accepted Answer

Intermittent sentences allow individuals to serve their sentence in intervals, typically on weekends or evenings, enabling them to maintain employment and family responsibilities during the week.

Question 11

For multiple Criminal Code violations, offenders must be sentenced consecutively unless the judge specifies that they should run concurrently.

Accepted Answer

In many jurisdictions, judges have the discretion to decide whether sentences for multiple offenses should run concurrently or consecutively, and there is no default rule that mandates consecutive sentencing unless specified otherwise.

Question 12

A key concept in retributive sentencing is proportionality.

Accepted Answer

Retributive sentencing emphasizes that the punishment should be proportionate to the severity of the crime committed, reflecting a principle of fairness and justice.

Question 13

An individual who is sentenced to life imprisonment is not eligible for parole.

Accepted Answer

Eligibility for parole varies by jurisdiction and the specifics of the sentence; some life sentences do allow for the possibility of parole after a certain period has been served.

Question 14

Judicial determination is used in 20 percent of all federal cases.

Accepted Answer

Most federal cases are resolved before reaching trial, with estimates suggesting that over 90% of cases are settled or dismissed without a trial. Judicial determination through a full trial occurs in a relatively small percentage of cases.

Question 15

Defendants can be imprisoned for refusing to agree to a Section 810 order.

Accepted Answer

Under Canadian law, if a defendant refuses to agree to a Section 810 peace bond, they can be imprisoned for not complying with the court's order to enter into the peace bond.

Question 16

Research demonstrates that judges in Ontario and in the Western regions of the country tend to be more conservative in their decisions.

Accepted Answer

Research on judicial decisions in Canada does not uniformly support the claim that judges in Ontario and the Western regions are more conservative. Judicial decisions can vary widely based on individual judges, specific cases, and the legal context, rather than being consistently conservative based on geographic location.

Question 17

Every offence has a maximum sentence that a judge cannot exceed.

Accepted Answer

Each offense is governed by laws that stipulate the maximum sentence a judge can impose, ensuring that the punishment does not exceed legal limits.

Question 18

The federal Conservative government has made a move to increase the number of Mandatory Minimum Sentences in Canada, despite an absence of evidence demonstrating that MMS lower crime rates or reduce sentence disparity.

Accepted Answer

The federal Conservative government in Canada has indeed pursued policies to increase the number of Mandatory Minimum Sentences (MMS), despite a lack of conclusive evidence that these measures effectively lower crime rates or reduce disparities in sentencing. This approach has been a subject of debate, with critics arguing that it does not necessarily lead to the intended outcomes in terms of criminal justice effectiveness.

Question 19

The death penalty was abolished in Canada in 1992.

Accepted Answer

The death penalty was abolished in Canada in 1976, not 1992.

Question 20

Sentences under the Provincial Offences Act must run consecutively unless the judge specifies that they should run concurrently.

Accepted Answer

Sentences under the Provincial Offences Act must run consecutively unless the judge specifies that they should run concurrently.

Quiz 9: Sentencing

The utilitarian goals of sentencing focus on the future conduct of the offender.

Canadian judges have the ability to mix and match multiple sentencing options.

Intermittent sentencing options are only available for sentences of three months or less.

The major problem with restitution orders is that they are difficult to enforce.

Sentencing goals fall into three major groups: deterrent, rehabilitative, and restorative.

Being an Aboriginal offender may be a mitigating factor at sentencing in Canada.

A person can be declared to be a dangerous offender by a sentencing judge only if the Crown counsel makes a formal application after conviction but before sentencing.

The "long-term offender" designation is available for all offenders who receive a sentence of custody in a correctional institution.

Crime victims are allowed to recommend a sentence that the judge should impose.

Intermittent sentences may be served on evenings and weekends.

For multiple Criminal Code violations, offenders must be sentenced consecutively unless the judge specifies that they should run concurrently.

A key concept in retributive sentencing is proportionality.

An individual who is sentenced to life imprisonment is not eligible for parole.

Judicial determination is used in 20 percent of all federal cases.

Defendants can be imprisoned for refusing to agree to a Section 810 order.

Research demonstrates that judges in Ontario and in the Western regions of the country tend to be more conservative in their decisions.

Every offence has a maximum sentence that a judge cannot exceed.

The federal Conservative government has made a move to increase the number of Mandatory Minimum Sentences in Canada, despite an absence of evidence demonstrating that MMS lower crime rates or reduce sentence disparity.

The death penalty was abolished in Canada in 1992.

Sentences under the Provincial Offences Act must run consecutively unless the judge specifies that they should run concurrently.