Deck 9: Sentencing

Question 1

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

Answer 1

True

Question 2

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

Answer 2

True

Question 3

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

Answer 3

True

Question 4

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

Question 5

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

Question 6

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

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.

Question 8

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

Question 9

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

Question 10

Intermittent sentences may be served on evenings and weekends.

Question 11

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

Question 12

A key concept in retributive sentencing is proportionality.

Question 13

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

Question 14

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

Question 15

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

Question 16

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

Question 17

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

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.

Question 19

The death penalty was abolished in Canada in 1992.

Question 20

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

Question 21

Which sentencing goals focus on the past conduct of the offender?

A) utilitarian goals
B) retributive goals
C) restorative goals
D) incapacitative goals

Question 22

In which of the following is the accused person found guilty but does not gain a criminal record and is given no sentence?

A) absolute discharge
B) conditional discharge
C) suspended sentence
D) remand

Question 23

In which of the following is the accused person found guilty, placed on probation, and, after successfully completing probation, discharged and deemed never to have been convicted?

A) absolute discharge
B) suspended sentence
C) conditional discharge
D) remand

Question 24

Judge Smith is considering a sentence for manslaughter. Her hope is to apply a sentence that will discourage future potential offenders from engaging in related crimes. Which sentencing goal is Judge Smith employing?

A) a retributive goal
B) a restorative goal
C) a denunciative goal
D) a utilitarian goal

Question 25

Judge Abramson is sentencing an individual who has committed sexual assault. Part of the offender's sentence includes participation in programming that focuses on several of the underlying causes of his behaviour. Which sentencing goal has Judge Abramson applied?

A) a utilitarian goal
B) a restorative goal
C) a retributive goal
D) a denunciative goal

Question 26

Which provision in the Criminal Code gives sentencing judges the authority to require certain federal offenders to serve one-half of their sentence before becoming eligible for parole?

A) judicial restraint order
B) judicial determination
C) mandatory sentence
D) compulsory sentence

Question 27

Judge Matthews is sentencing an offender who has committed an aggravated assault. Following agreement on the part of both the offender and the victim, part of the sentencing order includes participation in a victim-offender mediation session. Which sentencing goal has Judge Matthews employed?

A) a denunciative goal
B) a retributive goal
C) a utilitarian goal
D) a restorative goal

Question 28

Which of the following details surrounding an offence can result in a more severe sentence than would normally be imposed?

A) mitigating circumstances
B) legal precedents
C) aggravating circumstances
D) mandatory circumstances

Question 29

In sentencing, what is the term for factors such as age, drug or alcohol addiction, and the absence of a prior record?

A) mitigating circumstances
B) aggravating circumstances
C) excuse-based circumstances
D) mandatory circumstances

Question 30

Which statement is most accurate regarding the long-term offender designation, set out in section 753 of the Criminal Code?

A) It is not available for those offenders who receive a sentence of more than two years.
B) After the end of a period of imprisonment and any post-release supervision, it provides for an additional period of supervision.
C) It is available for both provincial/territorial and federal offenders.
D) It provides for a minimum five-year period of supervision after the end of a period of imprisonment and any post-release supervision.

Question 31

Judge Parsons is sentencing an offender for sexual assault. This offender has a lengthy criminal history, and the Judge believes that he is at high risk of recidivism. Judge Parsons decides to sentence the offender to a period of imprisonment. Which sentencing goal has the Judge applied?

A) a retributive goal
B) a denunciative goal
C) a utilitarian goal
D) a restorative goal

Question 32

Which sentencing goals focus on the future conduct of the accused person and others who may commit similar offences?

A) denunciation goals
B) restorative goals
C) retributive goals
D) utilitarian goals

Question 33

A judge convicts the accused and places him/her on probation with instructions that when the probation has been successfully completed there will be no sentence given. What is this called?

A) suspended sentence
B) absolute discharge
C) conditional sentence order
D) conditional discharge

Question 34

Which of the following is a process wherein a JP or judge requires a defendant to enter into a recognizance to keep the peace and be of good behaviour for a period not to exceed 12 months, despite the fact that no crime need have been committed in order for these conditions to be imposed?

A) judicial determination
B) judicial restraint order
C) judicial supervision order
D) judicial probation order

Question 35

What was revealed in a review of studies about the use of mandatory minimum sentences (MMS)?

A) MMS have an effect on drug consumption.
B) MMS have an effect on drug-related crime.
C) MMS have a significant effect on crime prevention.
D) MMS have no effect in reducing sentencing disparity.

Question 36

Which of the following has been identified as an adverse effect of using mandatory minimum sentences (MMS)?

A) decreases in public support
B) decreases in not-guilty pleas
C) increases in prison populations
D) increases in judicial discretion

Question 37

Which of the following is NOT an argument made by proponents of mandatory minimum sentencing (MMS) practices?

A) MMS reduces system operating costs.
B) MMS prevents crime by removing offenders from the community.
C) MMS reduces sentence disparity.
D) MMS serves as a general and specific deterrent.

Question 38

The use of which section of the Criminal Code was reaffirmed by the Supreme Court of Canada's decision in R.v.Gladue?

A) section 742
B) section 718.2(e)
C) section 743.6
D) section 810

Question 39

What is suggested by research findings regarding the use of victim impact statements (VIS) at the sentencing stage?

A) Guidance in the Criminal Code is helpful for the courts' use of the information contained in the VIS.
B) Guidance in the Criminal Code is not helpful for the courts' use of the information contained in the VIS.
C) VISs have little influence on sentencing.
D) VISs have a significant influence on sentencing.

Question 40

Ben has received a sentence of 60 days. Because he has a full-time job and is a single father, the judge has sentenced him to serve the custodial part of his sentence on weekends so that he can maintain his job and familial responsibilities. Which type of sentence is Ben serving?

A) an intermittent sentence
B) a suspended sentence
C) a conditional sentence
D) a part-time sentence

Question 41

Trudy committed several property crimes and has been sentenced to 9 months for one offence and 6 months for the other offence. The judge has decided that Trudy will serve one 9-month sentence. Which type of sentence is Trudy serving?

A) a consecutive sentence
B) a concurrent sentence
C) an intermittent sentence
D) a conditional sentence

Question 42

Judge Randhawa is sentencing an offender to a federal sentence of imprisonment. She believes that this offender is at a high risk of recidivism, and decides to require that he serve at least half of his sentence before he is eligible to apply for parole. Which of the following has Judge Randhawa applied?

A) a judicial restraint order
B) the faint hope clause
C) judicial determination
D) a dangerous offender designation

Question 43

Judge Kent is sentencing an offender for an attempted murder. When reviewing the case, he realizes that the offender has serious substance addiction problems and decides to apply a less severe sentence. What type of factor is addiction in this case?

A) a needs factor
B) a risk factor
C) an aggravating factor
D) a mitigating factor

Question 44

Judge Greene is sentencing an offender for the production of counterfeit currency. The sentence contains a disposition requiring the offender to turn over all counterfeit money to the Crown. Which type of disposition is this?

A) judicial determination
B) a proceeds of crime order
C) a forfeiture
D) a prohibition

Question 45

Judge Kennedy is sentencing an offender for possession of child pornography. The sentence contains a disposition requiring the offender to stay a specified distance away from areas frequented by children under the age of 16. What type of disposition is this?

A) a prohibition
B) a forfeiture
C) judicial determination
D) a dangerous offender designation

Question 46

Summarize the purpose and objectives of sentencing as set out in Section 718 of the Criminal Code.

Question 47

Briefly summarize the utilitarian, retributive, and restorative goals of sentencing.

Question 48

Define and explain the concept of a victim fine surcharge. What two common misunderstandings associated with this practice?

Question 49

Discuss the points and counterpoints surrounding section 718.2(e) and the sentencing of Aboriginal offenders.

Question 50

Compare and contrast aggravating circumstances and mitigating circumstances and the role these factors play in sentencing.

Question 51

What is the focus of utilitarian sentencing goals? What are the four ways in which utilitarian sentencing may address this focus?

Question 52

A key attribute of sentencing in Canada is disparity. What are the benefits and drawbacks of having a sentencing framework that, with a few exceptions, does not require judges to impose a predetermined sentence on a convicted offender?

Question 53

What is the "long-term offender" designation, and how does it affect sentences imposed in court?

Question 54

Why is it difficult to determine the effectiveness of sentences?

Question 55

What is the key focus of retributive sentencing goals? In which two ways might this focus be achieved?

Question 56

What is "judicial determination"? What are the sentencing objectives underlying its use?

Question 57

What is the difference between the "long-term offender" (LTO) designation and the "dangerous offender" (DO) designation?

Question 58

Section 718 of the Criminal Code sets out the purpose and principles of sentencing. A close review of these indicates some potential contradictions. Explore the implications of this and explain how this may affect the sentencing practices of judges.

Question 59

Compare and contrast concurrent and consecutive sentences. Consider the provisions in the Criminal Code and the Provincial Offences Act dictating how these sentences should be served. Which form of sentence do you find to be more appealing? Why?

Question 60

Discuss the issues that are raised by section 718.2(e) of the Criminal Code and the sentencing of Aboriginal offenders.

Question 61

A convicted person who is subsequently determined by the presiding judge to be a "dangerous offender" may be ordered by the judge to spend an indeterminate period of time in detention. The process of establishing that a person as a "dangerous offender" requires that judges predict, based on patterns of past behaviour, the likelihood of serious offences in the future. In your view, what issues are raised by this process?

Question 62

Consider the concept of judicial determination. Why is this practice in place? How often is it used? What are some of the major problems with this practice?

Question 63

Consider the use of judicial restraint order in Canada. What is needed to obtain an order? What are some of the major critiques associated with their use? Do you agree or disagree with their use? Explain.

Question 64

Consider the notion of collateral consequences of sentencing. What are some examples of these? Why might they be problematic? Can you think of any ways these consequences might be avoided or minimized?

Question 65

Discuss the consideration of maximum sentences when judges sentence offenders. What are some strengths associated with maximum sentences? Drawbacks? Do you think these maximums are of much use? Why or why not?

Question 66

Identify and briefly discuss three arguments that are put forth in support of the death penalty and three arguments that are used to oppose the death penalty. Identify the sentencing goals of this practice. Explain whether you support or oppose the use of the death penalty, as well as the reasons behind your beliefs.

Question 67

Explain mandatory minimum sentences (MMS) and identify the objectives of their use. What are the positive and negative consequences of implementing MMS in Canada based on existing evaluations of the practice in other jurisdictions?