law 120 mr. denton. pre-sentence report – background information about the convicted offender...

Law 120

Mr. Denton

Pre-sentence report – background information about the convicted offender prepared for the judge prior to sentencing

Victim Impact Statement – statement prepared by crime victim describing the harm done or the loss suffered as a result of the offence

  Specific deterrence – punishment as a way to discourage

criminals from re-offending General deterrence –punishment to discourage people in

general from offending  Rehabilitation – treatment and training programs designed to

help jailed offenders function in society  Retribution – punishing an offender for revenge or to satisfy the

public that the offender has paid for the crime

Segregation – separating the offender from society under that offender has paid for the crime.

 Mitigating circumstances – circumstances that my

decrease the severity of an offender's sentence.  Aggravated circumstances – circumstances that

increase the severity of an offender's sentence  Suspended sentence – a judgment that is not carried

out, provided certain requirements are met Absolute discharge – releasing a convicted offender

and erasing his or her criminal record after one year.

Conditional discharge – releasing a convicted offender under certain terms and erasing his or her criminal record after three years, provided the terms have been met.

  Suspension of privilege – sentence that withholds a privilege for a

specified period of time  Probation order– a sentence that allows a convicted offender to live in

the community under supervision of a parole officer  Conditional sentence – a prison sentence of less than two years that can

be served in the community, with strict terms attached.  Community service order – a sentence to perform certain community

services for a specified period.  Peace bond – a document requiring an individual to stay away from a

person or persons for a period of one year. Restraining Order. 

Restitution –punishment that requires the offender to pay the victim or society back for the harm or loss caused by the crime.

 Consecutive sentence – sentences served on after the

other Deportation – a sentence expelling an offender from the

country Concurrent sentence – sentences served at the same time

Intermittent sentence – a sentence of less than 90 days that may be served on weekends and nights.

Capital punishment – death penalty  Faint Hope Clause – an opportunity for offenders with

sentences of more than 20 years without possibility of parole can apply for parole if they are of good behaviour. Rarely given.

  Royal Prerogative of Mercy – a release or sentence

reduction granted by the Queen under the authority of an Act of Parliament

  Closed custody – highly secured provincial facilities for

dangerous offenders. Open custody – less secure facilities for non-violent offenders

  Open Custody – less secure facilities for non-violent offenders 

Full Parole – conditional release from custody after serving one-third to one-half of a sentence

Day Parole – conditional absence from custody during the day only

Diversion programs – alternate methods of sentencing for offenders whose crimes do not have a minimum sentence

Indeterminate sentence – a sentence that allows an offender to be held for an indefinite period of time.

Pardon – the setting aside of a person's record of conviction

Protective custody – separation of offenders from the rest of the prison population

Maximum security institution – a highly secured correctional facility

Medium Security Institution – a correctional facility with few barriers and some freedom of movement

Minimum Security Institution – a correctional facility without exterior barriers

Conditional Release – serving part of the sentence in the community under supervision

Unescorted Temporary Absence – brief release from custody for community service or personal reasons.

Work Release – conditional absence from custody to perform paid or voluntary work under supervision 

Statutory Release – by law, release from prison after serving two-thirds of a sentence, excluding life or indeterminate sentences

move to reduce the number of prisoners in Canada.

Alternate means of punishment. Criminals getting away with too much?

Criminals repaying debt to society in a meaningful way instead of draining money from society?

information on offender's background, family, education, employment history, physical/mental health, social activities, potential ability, motivation and friends

consider offenderconsider victimconsider society

Segregation – separate offender from societyRehabilitation – help offender prepare to re-

enter societyRetribution – get even with offender – not

current Cdn goalDeterrence – keep offender/others from

committing crimes

Mitigating decrease severity/Aggravating increase severity of sentence

offence must not have minimum jail time as part of its sentence

absolute discharge person is set free completely;

conditional person must follow rules set out by judge.

loss of driver's license/ability to own firearmloss of liquor license (business)

keep the peace and be of good behaviour for up to 12 months.

avoid the person who asked that the bond be imposed and agree not to own any weapons

may enhance their self-worthallows offender to associate with people in

the community,instead of criminals in institutionsoccupies much of the offender's free time

Anyone who is not a Canadian citizen and who commits a serious offence within Canada

summary offences committed by individuals – maximum fine at $2000.

violent offences, the penalty for assault when the Crown proceeds summarily is $5000.

For corporations, the maximum fine for summary offences is $25,000.

No maximum fine provided for indictable offences.If the penalty for an offence is five years or less, the

offender may pay a fine instead of going to prison. Where the maximum penalty is more than five years, a fine may be imposed but only addition to imprisonment.

counted as double

prison sentence is 30 days or less - local detention centre.

sentence is more than 30 days but less than two years ‑ provincial prison

sentence is two years or more - federal institution

concurrent – all sentences served at the same time

consecutive – all sentences served one after the other

added consecutive sentence of 14 years to any crime committed for criminal organizations

sentences of 90 days or less when person is primary income for household

guide for sentencing so an offender convicted of several violations of the same offence usually does not receive an overlong prison term.

threat to society with little hope of rehabilitation

sentence for dangerous offenders allowing them to be kept in jail or an undetermined amount of time.

Someone who repeatedly displays behaviour that could cause death, injury or psychological harm and would like re-offend following a sexual offence. Sentenced for original offence plus and additional sentence of up to 10 years of community supervision.

1962, the law on capital punishment was amended to distinguish between two categories of murder: capital and non‑capital

1962, all death sentences were commuted to life imprisonment by the federal Cabinet.

1967, capital punishment was suspended for 5 years.

1976, by a six-vote margin, Parliament abolished the Criminal Code offences

 closed custody – dangerous offenders/secured facilities

open custody – non-violent offenders/half-way houses

Their level of risk and need for rehabilitation

give those sentenced to 25 years before eligibility for parole a small chance to get parole after 15 years of good behaviour

release for offenders who serve 2/3 of their sentence not available to those serving life or indeterminate sentences

Usually right after sentence for summary offences. Indictable/more serious offences usually delayed to allow judge time to make informed decision.

offender still has a record with suspended sentence.

keep the peacebe of good behaviourappear before the court when askedadditional orders to abstain from

drugs/alcohol and not carry a weapon