TEST # 3 CRIM:2652 Key Terms and Points
Restorative Justice: Repair harm. Restore social bonds. Problem solving. Promote harmony.
Active involvement of the victim AND community in the process. Offender acceptance of
Purpose: to provide reparation for harm done to victims or to the community; and to promote a
sense of responsibility in offenders and acknowledgement of the harm done to the victim and
Chapter 8: Sentencing
Absolute Discharge: a sentence where the accused is found guilty but does not gain a criminal
record and is given no sentence. Purpose: in the best interest of accused and not contrary to
Conditional Discharge: similar to absolute discharge but offender placed on probation with
various conditions one of which is “to keep the peace and be of good behavior” If offender
serves all conditions in specified time, then is discharged and deemed never to have been
FINE: straight forward pay of specified amount of money in certain amount of time. Fine Option
Program: provides offenders who cannot pay a fine with the opportunity to discharge, through
community service, all or part of the fine.
Suspended Sentence: sentencing option where a judge convicts accused, who gets criminal
record, but gets no sentence and instead offender on probation, which if completed, results in
no sentence being given.
Probation: falls under authority of Provincial correctional systems.
Restitution: used in mischief, fraud, and theft. Typically involve cash payments in
compensation for stolen or damaged property. Helps restore victims to their pre-offence financial
condition through holding offender accountable to the people he wronged.
Community Service order: condition of adult probation order, may include sorting material at
recycling depot, picking up litter in parks, or scrubbing graffiti from highways. Judge sets
number of hours and time they should be completed by.
Intermittent Sentence of confinement: If prison sentence 90 days or less, the judge has
option to allow the offender to serve it on an intermittent basis. Example: Most commonly,
offender lives at home and works or attends school during the week, but spends the weekends
(Friday evening to Monday morning) in jail. During weekdays offender technically on probation
and abide by conditions of order. Fine defaulters can also serve this way.
Conditional Sentence of Imprisonment: If sentenced less than 2 years, can be sentences to
this, to be served in community rather than in custody under supervision of a probation officer.
Concurrent Sentences: Sentences that are amalgamated and served simultaneously.
Consecutive Sentences: Sentences that are served separately and are completed one after
the other. Judicial Determination: Order by judge that a federal inmate serve half of the sentence before
becoming eligible for parole. (s. 743.6 CCC)
Judicial Restraint Order: under s.810 of CCC, you may lay an information before a JP if you
have reasonable grounds to believe another person will injure you, your child, spouse, or
property. No criminal history needed. Judge/JP Discretion.
Aggravating Factors: Factors that can increase a sentence, abuse of child or woman, previous
criminal record, breach of trust of authority, premeditation, injury to victim. Gang affiliation.
Mitigating Factors: Result in leniency, provoked into self defence, intoxication, lack of
premeditation, acting for financial need rather that greed. Age, psychological problems,
Aborignal, absence of criminal record, drug addiction. Stable employment record, conduct at
arrest (cooperation with police) Post-offence efforts like rehab, Alcoholics Anonymous. Guilty
Pleas are common mitigating, acknowledge blame, indicates remorse.
Pre-Sentence Reports (PRS): a document prepared by a probation officer, for sentencing
judge, that contains socio-biographical and offence related info about the convicted offender,
lists possible alternative sentences and may include a recommendation for a specific sentence.
Dangerous Offender (DO) Designation: s.752. Identify those with increased risk of violent
offences and incapacitate them to protect public. Violent offenders, repeat violent offenders.
Applications are Rare and require heavy burden of proof for crown. Considered: Past offence
history, and likelihood of serious offences in future. 1 threshold, serious personal injury. 2 ,d
history in past, persistent, aggressive behavior. Expert witnesses, psychiatrists.
Long-Term Offender (LTO) Designation: Prove Offender will create substantial personal offence
after release from prison. Offender serving time over 10 yrs.
Victim Impact Statements (VIS) : submission to a sentencing court explaining the emotional,
physical, and financial impact of the crime from a victim. CONS: emotionally charged and go
against what justice system stands for, justice is blind. PROS: involve victims, makes CJS
accountable, help victim recovery and educate offender and judge about real-life consequences
of the crime.
Victim-Offender Mediation (VOM or VORP): A restorative justice approach where victim and
offender, with assistance of a mediator, work to resolve the conflict and consequences of
offender. Responsibility taken by offender, Victim asks questions, express views.
Chapter 9: Alternatives to Confinement.
Diversion: a type of program designed to keep offenders form being prosecuted and convicted
in the CJS. Target: first time offenders, low risk offenders. Require for offenders to take
responsibility and agree to fulfill certain conditions within a specified period of time, such as
paying restitution, or completing community service. SERIOUS offenders may go to drug
treatment courts, family group conferencing, and the community council program in Toronto.
Probation: a versatile sentencing option designed to provide supervision for offenders in the
community. May be used in conjunction with a period of incarceration in a provincial correctional
facility. ISP: Probation officer less caseloads, increased surveillance, various treatment
interventions, and efforts to ensure offenders are employed. Intermediate Sanctions/ Alternative sentences/Community Sanctions: dispositions
designed as alternatives to incarceration that provide control and supervision over offenders.
Fines, community service, day centres, home detention with or without EM, intensive probation
supervision, Boot camps, conditional sentence order, halfway house.
Conditional sentence: a sentence for offenders who receive a sentence or sentences totaling
less than two years whereby the time is served in the community (generally under “house
arrest”) under the supervision of a probation officer.
Conditional Sentence Order (CSO): in 2009, government introduced legislation that restricted
the use of conditional sentences as a sentencing option. Prevent CSOs from being used in any
cases in which offender has been convicted of a serious property and violent crime.
Electronic Monitoring (EM): a sentencing option involving the use of high technology to
ensure that offenders remain in their residences except when at work or school. (bracelet) GPS
track continuously. FRONT END: (Saskatchewan) judge select at time of sentencing. BACK
END: condition of early release (Ontario)
-Alternative to confinement there is Diversion, probation, intermediate sentences, and
restorative justice approaches.