Criminal Justice: Probation and Parole Roles
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Questions and Answers

What is the primary role of a probation officer?

  • To represent the state in court
  • To provide psychological counseling
  • To supervise offenders under probation (correct)
  • To impose sentencing decisions

Which of the following is NOT considered a community sentence option?

  • Fines
  • Alternative measures
  • Community service
  • Imprisonment (correct)

How has imprisonment been viewed in historical context?

  • It is the least common form of punishment
  • It is a recent form of punishment developed over 150-200 years (correct)
  • It was used primarily in the medieval era
  • It has always been the primary form of punishment

What function do PreSentence Reports serve in the justice process?

<p>They assess barriers and strengths for rehabilitation (A)</p> Signup and view all the answers

What is a defining characteristic of parole?

<p>It is granted by a parole board after an initial period of imprisonment (C)</p> Signup and view all the answers

What is one of the main goals of the criminal justice system?

<p>Preventing crime (D)</p> Signup and view all the answers

Which statistical method is NOT used to measure crime?

<p>Community Engagement Index (D)</p> Signup and view all the answers

What does the Crime Severity Index specifically take into account when measuring crime?

<p>Severity and weight of different crimes (D)</p> Signup and view all the answers

What is the 'dark figure of crime'?

<p>Crimes that go unreported (C)</p> Signup and view all the answers

Which of the following is NOT considered a crime against the person?

<p>Theft of a motor vehicle (B)</p> Signup and view all the answers

What proportion of crimes are estimated to go unreported according to victimization surveys?

<p>About ⅔ (C)</p> Signup and view all the answers

What percentage of all offences do robberies typically account for?

<p>Less than 1% (C)</p> Signup and view all the answers

Which of the following statements about crime in Canada is true?

<p>Most common offences account for nearly 70% of all criminal matters. (C)</p> Signup and view all the answers

Which type of crime is most commonly reported in the media?

<p>Property Crimes (B)</p> Signup and view all the answers

The Uniform Crime Report primarily provides what kind of measurement?

<p>Rates of reported crime per 100,000 population (A)</p> Signup and view all the answers

Which of the following statements correctly describes white-collar crimes?

<p>They are often committed by individuals with high income. (A)</p> Signup and view all the answers

What is a significant flaw of basic crime statistics?

<p>Not all crime incidents are reported. (D)</p> Signup and view all the answers

Which type of assault involves using a weapon or causing bodily harm?

<p>Assault with a weapon (B)</p> Signup and view all the answers

What is a significant characteristic of organized crime?

<p>It operates on a national or international scale. (C)</p> Signup and view all the answers

Which of the following is a type of crime that is least likely to be reported to police?

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

What term is used to describe crimes that primarily involve theft with a threat of force?

<p>Robbery (B)</p> Signup and view all the answers

What is the primary goal of the YCJA regarding youth in the justice system?

<p>To emphasize rehabilitation over punishment (B)</p> Signup and view all the answers

Under what circumstances may youth be detained according to the YCJA?

<p>When charged with a serious offense or a risk to public safety (C)</p> Signup and view all the answers

Which of the following is NOT a type of sentence that a youth may receive in court under the YCJA?

<p>Life imprisonment (D)</p> Signup and view all the answers

What is essential for youth participation in extrajudicial measures programs?

<p>Acceptance of responsibility for the offense (C)</p> Signup and view all the answers

How does the approach of youth court differ from adult court according to the YCJA?

<p>Youth court is more collaborative and solution-focused (D)</p> Signup and view all the answers

What is the maximum punishment for youth convicted of murder under the YCJA?

<p>10 years in custody (D)</p> Signup and view all the answers

What percentage of youth sentences are community-based sanctions according to the YCJA?

<p>57% (A)</p> Signup and view all the answers

Which of the following statements about youth detention is true?

<p>Youth detention can negatively impact schooling and family life (C)</p> Signup and view all the answers

What must the defence counsel prove to establish entrapment?

<p>The accused was persuaded or lured into committing the offence. (C)</p> Signup and view all the answers

In the context of defences, what does 'necessity' imply?

<p>An illegal act was committed to prevent a greater harm. (D)</p> Signup and view all the answers

Which of the following is an example of an excuse defence?

<p>Automatism due to impaired consciousness. (B)</p> Signup and view all the answers

What is the primary responsibility of the crown in a criminal trial?

<p>To establish the guilt of the accused beyond a reasonable doubt. (C)</p> Signup and view all the answers

What does the term 'mens rea' refer to in criminal law?

<p>The intention or mental state behind committing a crime. (C)</p> Signup and view all the answers

At what age can individuals under Canadian law typically be held criminally responsible?

<p>12 years (B)</p> Signup and view all the answers

Which form of defence claims that the accused was not aware that they were committing a crime?

<p>Mistake of law (D)</p> Signup and view all the answers

What is typically required for defences to be successful in criminal trials?

<p>A reasonable doubt of the prosecution's claims. (A)</p> Signup and view all the answers

What is the most important principle of sentencing?

<p>Proportionality (C)</p> Signup and view all the answers

Which of the following is considered an aggravating factor in sentencing?

<p>The involvement of a vulnerable victim (A)</p> Signup and view all the answers

What do mandatory minimum penalties (MMPs) limit for judges?

<p>The ability to assess individual cases (B)</p> Signup and view all the answers

What is a primary concern of getting tough on offenders according to criminologists?

<p>High costs and potential harm to families (B)</p> Signup and view all the answers

Which principle of sentencing requires a judge to impose a single global sentence to avoid unjustly long sentences?

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

Which factor is classified as a mitigating circumstance when considering sentencing?

<p>Being a youth or first-time offender (D)</p> Signup and view all the answers

What does penal populism refer to?

<p>Political strategies to maximize sentencing severity (A)</p> Signup and view all the answers

What is noted as a limitation of pre-sentence reports (PSRs)?

<p>They can include hearsay information. (B)</p> Signup and view all the answers

Which group is generally more frequently punished according to the content?

<p>Rural youth (C)</p> Signup and view all the answers

What is the effect of harsh sanctions, according to the discussion on incarceration?

<p>Can be harmful to offenders and their families (C)</p> Signup and view all the answers

Flashcards

Goals of the CJS

The Criminal Justice System has 5 main goals: prevent crime, protect the public, support victims, hold offenders accountable, and help them return to the community.

Dark Figure of Crime

The vast amount of crime that goes unreported to the police.

Crime Severity Index

A tool that assigns weights to different crimes, reflecting their severity. Murder has a higher weight than break and enter.

Victimization Surveys

Surveys conducted by Statistics Canada every 3 years to gather self-reported crime data from victims.

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UCR (Uniform Crime Report)

A measure of crime in Canada, collecting all incidents reported to the police. Expressed as a rate per 100,000 people.

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Formal Social Control

The use of laws and the criminal justice system to enforce social norms and protect the public.

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What is the most common type of crime?

Property crime, including theft and break and enter, accounts for a large portion of reported crimes.

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Why study crime?

Understanding crime helps us assess the effectiveness of the criminal justice system, predict future trends, and develop effective solutions.

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Entrapment

Police or government officials induce someone to commit a crime they wouldn't have otherwise done.

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Burden of Proof (Entrapment)

The accused must prove that entrapment occurred.

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Mr. Big Sting

A tactic used by the RCMP in Canada, where undercover officers create a fictional criminal organization to induce suspects into confessing.

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Necessity

Committing a crime to prevent greater harm.

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Provocation

An accused claims they were provoked into committing a crime.

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Self-Defence

Acting to protect oneself or others from harm.

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Automatism

An involuntary act while in a state of impaired consciousness, lacking intent.

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Mental Disorder

A defence where the accused is incapable of forming the intent required for a crime due to a mental illness.

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Crimes Against the Person

Crimes that involve violence or harm to another person, including sexual assault, assault, and murder.

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Homicide

The unlawful killing of another human being, categorized into first-degree murder, second-degree murder, and manslaughter.

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Sexual Assault

A serious crime that involves non-consensual sexual contact, often underreported and dismissed by police.

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Robbery

Stealing something from someone using force, a weapon, or threats, typically occurring in urban areas.

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Property Crimes

Offenses that involve the theft or damage of property, like break and enter, car theft, and theft of belongings.

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Break and Enter

Illegally entering a building, usually with the intent to steal or commit other offenses.

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Crimes of the Powerful

Non-violent offenses committed for financial gain, often done by people in positions of power and influence.

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White-Collar Crime

A type of crime of the powerful that involves fraud, corruption, or financial misconduct, often committed in a professional setting.

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Probation vs. Parole

Probation: A sentence imposed by a judge, often in addition to prison time, with supervision by a probation officer. Parole: A part of a sentence granted by a parole board, allowing an offender to live in the community under supervision after serving part of their prison term.

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What is Probation?

Probation is a court-ordered sentence that allows an offender to remain in the community under the supervision of a probation officer, instead of going to prison.

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What is Parole?

Parole is a conditional release from prison that allows an offender to serve the rest of their sentence in the community under supervision, after serving a portion of their sentence in prison.

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Key Components of Parole

Parole is granted by a Parole Board, not a judge. It involves an initial period of imprisonment, followed by community supervision under certain conditions. Failure to abide by these conditions could result in a return to prison.

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What is the Purpose of a Pre-Sentence Report?

A Pre-Sentence Report (PSR) is a detailed document that outlines the offender's background, circumstances, and potential for rehabilitation. It helps the judge make informed sentencing decisions.

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Proportionality in Sentencing

A key sentencing principle ensuring the punishment reflects the seriousness of the crime and the offender's role. Judges consider factors like the nature of the crime, individual offender characteristics, and their contribution to the offense.

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Aggravating Factors

Circumstances surrounding a crime that increase its severity, potentially leading to a harsher sentence.

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Mitigating Factors

Circumstances related to the offender that might encourage a judge to impose a less severe sentence.

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Totality Principle

Ensures a single global sentence, considering the overall length, to avoid excessively long sentences.

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Penal Populism

Politicians enacting 'tough-on-crime' policies to win public favor, even if not based on evidence.

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Mandatory Minimum Penalties (MMPs)

Legal requirements that impose a minimum sentence for specific offenses, regardless of mitigating circumstances.

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Pre-Sentence Reports (PSRs)

Reports prepared before sentencing, providing information about the offender's background and circumstances, helping judges make informed decisions.

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Criticisms of Pre-Sentence Reports (PSRs)

PSRs have been criticized for including hearsay information and potentially contributing to higher incarceration rates of marginalized individuals.

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Extrajudicial Measures

Informal actions taken by police instead of formal court proceedings for youth offenders. This can include warnings, referrals to programs, or cautions.

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Crown Prosecutors & Youth

Crown prosecutors can handle youth cases by issuing cautions, referring them to extrajudicial programs, or scheduling a court date.

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Youth Detention

Detention is a last resort for youth offenders, as it can negatively impact their schooling and family life. It's used for serious offenses or when there's a risk to public safety.

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YCJA: Detention Criteria

The Youth Criminal Justice Act (YCJA) dictates that youth should only be detained if they've committed a serious offense, have a pattern of re-offending, or pose a risk to the public.

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Youth Sentencing vs. Adult Sentencing

Youth sentences differ from adult sentences. The focus is on rehabilitation and keeping youth out of prison, with maximum punishments varying depending on the offense.

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Reprimand

A formal statement of disapproval issued by a judge to a youth offender in court.

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Discharge (Youth Sentencing)

A court sentence where the youth offender receives no sanctions or criminal record.

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Probation (Youth Sentencing)

A court-imposed sentence where the youth offender must follow certain conditions while living in the community.

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Study Notes

Crime

  • Crime is conduct prohibited by law and subject to penal sanction.
  • Norms are standards of acceptable behavior based on tradition, customs, and values.
  • Informal social control involves actions by individuals (e.g., praise, disapproval) to encourage conformity.
  • Formal social control is the organized reaction to criminal behavior.
  • The rule of law means the law is supreme, and everyone is treated equally under it.
  • Crime affects society and individuals
  • Public law affects society, while private law relates to relationships between individuals and businesses (e.g., contracts, divorce).

Crime Statistics

  • Crime statistics include the Uniform Crime Report (UCR), and the Crime Severity Index (CSI), and Victimization Surveys.
  • UCR tracks crime by measuring the rate per 100,000 population.
  • CSI weights crimes differently.
  • Victimization surveys ask people about crime experiences.
  • A significant amount of crime goes unreported, known as the dark figure of crime.

Criminal Justice System

  • Includes police, courts, and corrections/prisons
  • Filtering is the attrition along the way, from the total number of crimes committed to the number that result in convictions and punishments
  • Goals of CJS: to prevent crime, protect the public, support victims, hold people accountable, and help offenders reintegrate into society
  • Efficiency and effectiveness vary
  • Costs a significant amount of money

Crime and Poverty

  • High levels of crime often coincide with high levels of concentrated poverty.
  • Marginalized groups may be over-represented within the criminal justice system.
  • Crime is often associated with unemployment, poverty, and substance abuse.

Crime Control Philosophies

  • Retribution focuses on punishing offenders for the harm they have caused.
  • Deterrence aims to discourage criminal behavior through punishment.
  • Incapacitation isolates offenders so they cannot commit more crimes.
  • Restitution involves compensating victims for their losses.
  • Rehabilitation focuses on reforming offenders.
  • Restorative Justice aims to repair the harm caused by crime to victims, offenders, and communities

Policing

  • Policing in Canada involves federal, provincial, and municipal organizations.
  • There are varying styles of policing, such as legalistic, watchman, and service policing styles, impacting discretion and community relations
  • Concerns relate to fairness and equality in policing, as well as the use of force, public trust, and accountability.

Police Structure and Operations

  • Police have a chain of command where authority is clearly defined.
  • Policing is complex, with a significant number of demands across different communities and contexts.
  • Police services are responsible for crime prevention, law enforcement, maintaining order, and responding to emergencies.
  • Policing is a cost-intensive endeavor, with increasing costs. Changes in the demographics of Canada have also influenced policing practices.
  • Crime trends in Canada fluctuate over the years
  • Crime is likely to be complex phenomenon influenced by social factors, economic conditions, historical trends, and current political environments.

The Evolution of Criminal Justice in Canada

  • Canada's criminal justice system has evolved significantly, reflecting changing legal approaches, social values, and public attitudes.

Provincial and Federal Prisons

  • Provincial and territorial prisons hold a variety of offenders
  • Both share the responsibility of incarcerating and managing offenders
  • Limited rehabilitative programs exist in provincial prisons.
  • Federal prisons house more serious offenders
  • Both have high rates of inmates with mental illness and addiction problems, drug use, and other forms of trauma
  • There are issues related to dynamic security, security threats, and managing and providing care to offenders

Youth Justice

  • Youth crime trends fluctuate, often relating to demographic shifts (e.g., demographics, age, gender).
  • Youth justice systems in Canada have evolved over time.
  • Key issues include the use of extrajudicial sanctions and the challenges of re-integrating former youth offenders into the community.
  • Youth offenders are still overrepresented in the criminal justice system

Court Structure and Processes

  • Various stages exist from investigations, charges, trials, sentencing, and appeals
  • The legal processes are designed to ensure accountability and fairness.
  • Courts use different approaches in Canada, based on the types of crimes, and the legal jurisdiction (e.g, constitutional, administrative, criminal, civil).
  • Differences in how courts allocate resources for diverse legal matters are commonly seen in Canada.

Sentencing

  • Sentencing options vary, including probation, fines, conditional discharge, and imprisonment.
  • Sentencing is influenced by a variety of factors, such as aggravating and mitigating factors including age, mental health, circumstances of the crime.
  • Inefficiencies, disparities, and biases in sentencing practices are common factors in the Canadian justice system.

Specialized Courts

  • Specialized courts (e.g., drug courts, mental health courts) address particular needs of offenders and victims
  • Specialized court services aim to provide individualized care and attention for those with specialized needs (e.g., mental health, addiction, substance misuse) to improve outcomes and reduce recidivism rates.

Other Key Concepts

  • Oversight bodies oversee the activities of the criminal justice system in Canada in order to ensure accountability

  • Penal populism refers to the political trend to make the justice system more “tough on crime."

  • Prosecution refers to proving criminal culpability.

  • Crime Control vs Due Process are two major models which inform the values of the approach to justice (e.g., retribution, rehabilitation, restorative justice).

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Description

This quiz explores key concepts in criminal justice, focusing on the roles and functions of probation and parole officers. It covers community sentencing options, historical perspectives on imprisonment, and the importance of PreSentence Reports in the justice process. Test your knowledge on these critical elements of the legal system!

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