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 offender consider victim consider society

Segregation – separate offender from society Rehabilitation – help offender prepare to re-enter society Retribution – get even with offender – not current Cdn goal Deterrence – 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 firearm loss 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-worth allows offender to associate with people in the community, instead of criminals in institutions occupies 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 peace be of good behaviour appear before the court when asked additional orders to abstain from drugs/alcohol and not carry a weapon