Criminal Justice Parole Quiz

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Questions and Answers

What is the central premise of the strategy that favors containing and quarantining the criminal element?

  • Criminals can always be rehabilitated.
  • Criminals should always serve their full sentences.
  • Most criminals are not 'hardwired' for crime.
  • Society is safer when criminals are isolated from the general population. (correct)

Which of the following is NOT a true characteristic of parole in Canada?

  • Rehabilitation of the offender.
  • Supervision of the offender.
  • Automatic granting when inmates become eligible. (correct)
  • Conditional release into the community.

According to the information provided, when does an offender become eligible for parole?

  • After serving at least two-thirds of their sentence.
  • After serving one third, or the first seven years of their sentence, whichever is less. (correct)
  • After demonstrating remorse for their crimes
  • After serving half of their sentence.

Which of the following is NOT a risk assessment factor considered by the National Parole Board?

<p>The victim's desire for retribution (D)</p> Signup and view all the answers

What is a demonstrated benefit of parole compared to statutory release, according to the information provided?

<p>Offenders on parole are less likely to breach conditions or commit new offenses. (B)</p> Signup and view all the answers

What is the core idea behind the concept of deterrence in the context of crime?

<p>Persuading people to avoid crime through the fear of punishment. (A)</p> Signup and view all the answers

What is the primary goal of rehabilitation programs for offenders?

<p>To reintegrate offenders as productive members of society. (D)</p> Signup and view all the answers

Which of the following is considered a key principle of effective correctional intervention, according to Canadian researchers?

<p>Targeting high-risk offenders with suitable interventions (B)</p> Signup and view all the answers

What shift in penological thinking occurred in the late 20th century?

<p>An increased emphasis on punishment through incarceration without proportionality (C)</p> Signup and view all the answers

What was the trend in the federal prison population in Canada between 1989-90 and 1994-95?

<p>The population grew by 22%. (D)</p> Signup and view all the answers

According to the provided information, how does spending on corrections compare to the crime rate in Canada?

<p>Spending increased while the crime rate decreased. (B)</p> Signup and view all the answers

What is the 'culture of control' primarily focused on in the context of corrections?

<p>Minimizing risk through strategies like incarceration. (B)</p> Signup and view all the answers

Which of the following demographics represents a significant portion of the incarcerated population in Canada based on the information provided?

<p>Inmates with substance abuse problems. (D)</p> Signup and view all the answers

The Canadian court system is best described as:

<p>A dual system divided into provincial/territorial and federal courts, organized hierarchically. (A)</p> Signup and view all the answers

What is the primary goal of the establishment of Aboriginal courts?

<p>To give special considerations to the adverse background of Aboriginal offenders. (D)</p> Signup and view all the answers

What does the term 'Aboriginal over-representation' refer to?

<p>The disproportionately higher amount of Aboriginal people involved in the criminal justice system, compared to their general percentage in populace. (C)</p> Signup and view all the answers

What is the main way in which Canadian courts influence the law?

<p>By 'testing' existing laws and setting a precedent by striking down unconstitutional laws. (C)</p> Signup and view all the answers

What is the process of 'sentencing' defined as?

<p>The judicial determination of a legal sanction after someone has been convicted for an offence. (A)</p> Signup and view all the answers

Which of the following is NOT a primary goal of sentencing in Canada?

<p>Retaliation (A)</p> Signup and view all the answers

The fundamental principle of sentencing emphasizes:

<p>That a sentence should be proportionate to the severity of the offense and the culpability of the offender. (A)</p> Signup and view all the answers

Which of the following is considered an alternative to incarceration?

<p>Both B and C are alternatives (B)</p> Signup and view all the answers

Sentencing disparity refers to:

<p>The variations in sentences handed down for similar offenses and offenders by different judges or by the same judge at different times. (D)</p> Signup and view all the answers

What is one example of an unsystematic factor that can contribute to unwarranted sentencing disparity?

<p>The mood of the judge on a particular day. (B)</p> Signup and view all the answers

Flashcards

Deterrence Theory

The belief that punishing criminals will deter others from committing crimes.

Rehabilitation Theory

The idea that criminals can be rehabilitated and reintegrated into society.

Principles of Effective Correctional Intervention

A set of principles guiding effective correctional interventions. It emphasizes targeting the right needs, risks, and responsivity.

Need Principle

Focuses on the needs of offenders that contribute to their criminal behavior, such as substance abuse or anger management.

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Risk Principle

Prioritizes interventions for offenders with a high risk of reoffending.

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Responsivity Principle

Tailoring interventions to match individual offenders' learning styles and characteristics.

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Culture of Control

A shift toward punishment and incarceration as the primary response to crime. It emphasizes incapacitation and control, rather than rehabilitation.

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Mass Incarceration

The increasing use of incarceration, including high incarceration rates and long prison sentences.

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Hierarchy of Canadian Courts

The Canadian court system is organized into a hierarchy, with lower courts bound by decisions of higher courts. This ensures consistency and fairness across all levels of the justice system.

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Courts and their Influence on Law

Courts in Canada have the power to interpret and change the law through a process called 'setting precedent'. They can also declare laws unconstitutional if they violate the Canadian Charter of Rights and Freedoms.

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Aboriginal Courts

A specific type of court designed to address the unique needs and circumstances of Aboriginal offenders. These courts aim to reduce the disproportionate number of Indigenous people in the justice system.

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Aboriginal Over-Representation

Refers to the disproportionate presence of Aboriginal people in the Canadian criminal justice system. Despite making up a small percentage of the population, they represent a significantly higher percentage of incarcerated individuals.

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What is Sentencing?

A judicial determination of a legal punishment for someone found guilty of an offense. Sentencing aims to achieve various goals like deterrence, rehabilitation, and ensuring public safety.

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Proportionality in Sentencing

A core principle of sentencing that states that a sentence should align with the severity of the offense and the level of responsibility of the offender.

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Mitigating Factors in Sentencing

Circumstances that may lessen the severity of an offense. These could include factors like the offender's remorse, lack of criminal history, or mitigating circumstances surrounding the offense.

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Aggravating Factors in Sentencing

Circumstances that may increase the severity of an offense. These could include factors like the offender's intent, prior criminal history, or cruelty involved in the crime.

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Sentencing Disparity

Differences in sentences imposed by different judges for similar offenses. Unwarranted disparity occurs when sentences are influenced by irrelevant factors, leading to inconsistencies and unfairness.

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Alternatives to Incarceration

Alternatives to traditional incarceration that focus on rehabilitation and community reintegration. These might include probation, community service, or restorative justice programs.

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Warehousing Criminals

A strategy that aims to isolate criminals from society, assuming that this will reduce crime. This approach often prioritizes control and containment over rehabilitation.

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Parole

A conditional release of an inmate into the community, under strict supervision and conditions, with the aim of supporting reintegration and reducing recidivism.

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Parole Risk Assessment

The Parole Board of Canada (NPB) assesses the risk posed by an inmate before granting parole, considering factors like criminal history, mental health, past parole performance, victim input, and the feasibility of release plans.

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Parole and Sentence Length

The belief that parole is a reduction in sentence time is inaccurate. Parole does not directly reduce an inmate's sentence length, but rather allows for controlled release before the full sentence is served.

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Effectiveness of Parole

Offenders released on parole are significantly less likely to re-offend or breach parole conditions compared to those released under statutory release.

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Study Notes

Canadian Court Systems

  • Canadian courts are divided into provincial/territorial and federal courts.
  • A hierarchical structure exists, with lower courts adhering to decisions made by higher courts.
  • The system includes the Supreme Court of Canada at the apex, followed by courts of appeal, superior courts, and various specialized courts (e.g., tax court, military courts).
  • Provincial/territorial administrative tribunals and federal administrative tribunals also exist within the system.

Aboriginal Courts

  • Aboriginal courts operate alongside the standard court system.
  • These courts aim to address the unique circumstances of Aboriginal offenders.
  • One objective is to reduce the disproportionate representation of Aboriginal people within the criminal justice system.

Aboriginal Over-Representation

  • This refers to the higher proportion of Aboriginal individuals involved in the criminal justice system compared to their representation in the overall Canadian population.
  • Statistics demonstrate a significant over-representation, particularly in the Prairie provinces.
  • Aboriginal individuals make up approximately 3% of the Canadian population but account for a significantly higher percentage of those admitted for remand.

Courts and Their Influence on Law

  • Courts have the authority to reinterpret and amend laws.
  • Constitutionality is the legal basis for challenging laws in court.
  • Since 2014, at least eight Canadian laws have been struck down due to constitutional concerns.
  • Examples include gun laws, prostitution laws, citizenship ceremonies, assisted suicide, time served sentencing, healthcare for refugees, and safe injection sites.

Sentencing

  • Sentencing is the formal judicial determination of a legal sanction for an offence.
  • Goals of sentencing include specific deterrence (affecting the individual offender), general deterrence (deterring others), denunciation (condemning the act), incapacitation (removing the offender from society), reparation (compensating victims), and rehabilitation (helping the offender).
  • Sentencing principles prioritize proportionality between the severity of the offense and the punishment.
  • Aggravating and mitigating factors should be considered.
  • Comparable sentences should be applied to similar offenders
  • Diversion (alternatives to incarceration) should be considered when appropriate.

Sentencing Options

  • Options include absolute or conditional discharge.
  • Probation, restitution, fines and community service, conditional sentences and imprisonment are alternative sanctions.

Sentencing Disparity

  • Sentencing disparity refers to variations in sentences given by different judges or even the same judge on different occasions for similar offences.

  • Unwarranted disparity arises from extra-legal considerations such as; judges’ personal beliefs; mood; or biases.

Goals of Sentencing

  • Deterrence aims to discourage future criminal behavior.
  • Rehabilitation seeks to reform offenders.
  • Recent research indicates a possible greater focus on rehabilitation than prior strategies.

Principles of Effective Correctional Intervention

  • Effective correctional interventions must consider and integrate need, risk, and responsivity principles.

  • Need principle focuses on targeting criminogenic needs of offenders.

  • Risk principle targets offenders at higher risk.

  • Responsivity principle tailors intervention to the individual's learning style and characteristics.

Culture of Control

  • Historic penology emphasized rehabilitation.
  • Current approaches increasingly focus on incapacitation.
  • This shift has led to higher incarceration rates in Canada.

Incarceration in Canada

  • Federal prison population increased by 22% between 1989-90 and 1994-95.

  • Average provincial prison population grew by 12% during the same period.

  • High incarceration rates are linked to increased violent crime, particularly in Canada in the 1990s.

  • Incarceration rates differ significantly among Canadian provinces and globally.

Mini Essay - Bill C-83

  • The Liberal government introduced Bill C-83 to modify the previous conservative governments more punitive prison regulations ("tough on crime").
  • The bill aimed to mitigate more punitive measures.

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