Flashcards in Ch. 8 - Sentencing Options Deck (48)
What are the general sentencing options?
Imprisonment, fines, restitution and community service, probation, discharge, suspended sentence, conditional sentence.
What is the difference between federal and provincial imprisonment?
Federal is two years or more, provincial is less than two years.
What are intermittent sentences?
The offender serves time on the weekends and when not in custody they are on probation. (Only for sentences less than 90 days).
In what percentage of cases are fines used?
To whom are the fines paid?
To the government.
What are victims surcharges?
Fines paid to victim services programs.
What are the old and new rates of victim surcharges?
Used to be 15%, it's now 30%.
What is the fine for victim services for summary offences?
Now $100, used to be $50.
What is the fine for victim services for indictable offences?
Now $200, used to be $100.
Can judges waive surcharges?
Not anymore, but they sometimes still do.
What must be taken into consideration by judges before fining someone?
Capacity to pay.
What is an institutional fine?
Serving time instead of paying a fine.
What is the purpose of restitution and community service?
To repair harm to the victim/community.
To whom are restitution charges paid?
Directly to the victim.
About what percentage of guilty cases get a restitution order?
What is the most common sentence?
What percentage of sentences are probation?
Who is probation available to?
Provincial offenders and federal offenders whose sentence is exactly 2 years.
How long can probation be for?
How long can probation be for youth?
What are the mandatory conditions for probation?
Keep the peace, be of good behaviour, appear before the court when they are required to do so, alert the court of any change in name or address.
What are some examples of additional conditions or probation?
Abstaining from alcohol, staying away from "negative influences," attending council, etc.
What does failure to comply with probationary conditions result in?
A new charge of breach of probation; a hybrid offence.
What is discharge?
When the offender is found guilty but not convicted.
Do discharged offenders have a criminal record?
In what cases do offenders get discharged?
In less serious cases, and when there is no history of serious offence.
What must the judge be convinced of in order for their to be a discharge?
That it is in the best interest of the offender, and not contrary to the interests of the public.
What is an absolute discharge?
No sentence imposed; discharge and that's that.
What is conditional discharge?
The offender must be supervised (i.e. on probation) and meet certain conditions imposed by a judge.