CRCJ 1000A Chapter 8 - Policing and Sentencing

Flashcards covering key terminology from Chapter 8 on policing and sentencing, including Broken Windows policing, sentencing goals, Gladue reports, and restorative justice processes.

Discretion

The power of police to make decisions regarding their first contact with victims and perpetrators, influenced by concepts like the crime funnel.

Broken Windows Policing

A strategy based on the argument that physical environmental deterioration leads to fear, which emboldens criminals and increases crime, suggesting police should focus on disorder and small crimes.

Zero Tolerance Policing

A policing approach focused on physical disorder and small acts of crime to prevent serious crime, which has led to racial profiling and discriminatory practices.

Mitigating Factors

Personal characteristics of the offender considered during sentencing that can lead to a shorter sentence.

Aggravating Factors

Characteristics of the offence considered during sentencing that can lengthen the sentence.

Mandatory Minimum Sentences (MMS)

Legislation that has curbed the discretion of judges by requiring certain minimum punishments for specific crimes.

Utilitarian Goals

Sentencing goals that focus on the future behaviour of offenders and the protection of the public, including deterrence, rehabilitation, and incapacitation.

General Deterrence

A utilitarian goal of sentencing aimed at discouraging the general public from committing similar crimes.

Specific Deterrence

A utilitarian goal of sentencing aimed at discouraging a particular offender from re-offending.

Rehabilitation

A utilitarian goal of sentencing focused on treating and reforming an offender's behaviour.

Incapacitation

A utilitarian goal of sentencing that involves physically preventing an offender from committing further crimes, typically through incarceration.

Denunciation

A retributive goal of sentencing that serves to express societal disapproval of a criminal act.

Retribution

A retributive goal of sentencing based on the concept of justice and proportionality.

Pre-Sentence Reports

Documents compiled by probation officers on convicted offenders detailing personal characteristics, background, and risk assessments to provide a 'picture' for the judge.

R. v. Gladue (1999)

A landmark Supreme Court of Canada decision stating that judges must consider the unique circumstances of Indigenous peoples when determining a sentence.

Gladue Reports

Special reports meant to help judges consider how the histories and circumstances of Indigenous offenders may influence their involvement in crime; they are not intended to provide a 'discount' on sentences.

Victim Impact Statements (VIS)

Statements provided by victims following a guilty plea or finding, used during sentencing under strict guidelines.

Truth in Sentencing Act ($Bill\,C-25$)

A $2010$ law that limited credits for time served and barred judges from giving two-for-one credits for pre-sentencing custody.

Two-for-one credit

A credit for time served in custody before sentencing that was eliminated by the Truth in Sentencing Act to bring more 'truth' to the process.

Conditional Sentence

An alternative to incarceration that allows an offender to avoid prison time by following strict conditions if they are not a threat to public safety; used in less than $5\%$ of cases.

Custodial Sentence

A sentence involving incarceration, which can be served in either federal or provincial/territorial institutions.

Provincial / Territorial Institution

A facility for offenders serving sentences of $2\,years$ less a day, housing $96\%$ of offenders.

Federal Institution

A facility operated by Correctional Services of Canada for offenders serving sentences of $2\,years\,+$.

Concurrent Sentence

Sentences for multiple offences that are served at the same time.

Consecutive Sentence

Sentences for multiple offences that are served one after the other.

Intermittent Sentencing

A custodial sentence served on a part-time basis, such as during the weekend.

Correctional Services of Canada

The agency responsible for operating federal penitentiaries, halfway houses, healing lodges, and community parole offices.

Healing Lodges

Specific federal correctional facilities aimed at addressing the needs of Indigenous offenders through cultural and spiritual practices.

Remand

The status of inmates who have not yet appeared before a judge, were denied bail, are waiting for sentencing, or are waiting to start a custodial sentence; they make up $60\%$ of provincial inmates.

Surety

An individual deemed acceptable by the court who provides security for an offender's bail, which often results in discriminatory outcomes for marginalized populations.

Restorative Justice (RJ)

A reaction to the retributivist system that focuses on community-based justice, the needs of victims, and alternatives to incarceration.

Victim-Offender Mediation

A process where a trained mediator allows the victim and offender to participate in determining ways to respond to the harm caused by the crime.

Colonization

The historical process in which the police in Canada played a significant role, affecting their current relationship with Indigenous peoples.

Physical Environmental Deterioration

A key component of Broken Windows theory where visible signs of neglect lead to safety fears and embolden a 'criminal element'.

Proportionality

A principle central to retributive goals of sentencing where the punishment should fit the severity of the crime.

Probation Officers

The officials responsible for compiling Pre-Sentence Reports on convicted offenders.

$1.5$ credit

The maximum credit for time served that a judge could give after $Bill\,C-25$, but only in specific cases with justification.

House Arrest

One of the potential strict conditions associated with a conditional sentence that limits an offender's movement.

Electronic Monitoring

A strict condition used in conditional sentences to track an offender's location and ensure compliance.

Rob Nicholson

The former Justice Minister who introduced the Truth in Sentencing Act to give Canadians confidence that justice is served.