Criminal Justice 1st Canadian Edition by Gina - Test Bank

Criminal Justice 1st Canadian Edition by Gina – Test Bank

 

Instant Download – Complete Test Bank With Answers

 

 

Sample Questions Are Posted Below

 

Chapter 05

Sentencing

 

 

Multiple Choice Questions

1. (p. 106)At sentencing, judges must make an effort to balance the following EXCEPT for
   A. the needs of the victim
   B. the needs of the correctional system
   C. the needs of society
   D. the needs of the offender

 

Learning Objective: 05-01 Identify the sentencing principles which guide the judiciary in Canada.

2. (p. 106)When is an accused person sentenced?
   A. An accused person is sentenced before the victim impact statement is read in court.
   B. An accused person is sentenced after pleading guilty or after having been found guilty during a trial.
   C. An accused person is sentenced only after the judge considers the recommendations of the jury.
   D. An accused person is sentenced only after hearing the Crown attorney’s opinion.

 

Learning Objective: 05-01 Identify the sentencing principles which guide the judiciary in Canada.

3. (p. 106)What is the maximum sentence that an accused can receive in Canada?
   A. 14 years
   B. death sentence
   C. life sentence
   D. indefinite sentence

 

Learning Objective: 05-01 Identify the sentencing principles which guide the judiciary in Canada.

 

 

4. (p. 106)The sentencing options available to judges are identified in
   A. the Constitution Act
   B. the Sentencing Principles for the Canadian Judiciary
   C. the Criminal Code of Canada
   D. the Charter of Rights and Freedom

 

Learning Objective: 05-01 Identify the sentencing principles which guide the judiciary in Canada.

5. (p. 106)Which is NOT identified as one of the objectives for sentencing?
   A. to deter the offender from committing offences
   B. to deter the general public from committing offences
   C. to assist in rehabilitation of offenders
   D. to ensure victim safety

 

Learning Objective: 05-01 Identify the sentencing principles which guide the judiciary in Canada.

6. (p. 107)Rehabilitation efforts do NOT include
   A. treatment programs for substance abuse
   B. anger management
   C. victim safety planning
   D. education and training courses

 

Learning Objective: 05-01 Identify the sentencing principles which guide the judiciary in Canada.

7. (p. 108)The Criminal Code states that the fundamental principle of sentencing is that,
   A. A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.
   B. A sentence must be greater than the gravity of the offence and the degree of responsibility of the offender.
   C. A sentence must be lesser than the gravity of the offence and the degree of responsibility of the offender.
   D. A sentence must reflect the needs of society.

 

Learning Objective: 05-01 Identify the sentencing principles which guide the judiciary in Canada.

 

 

8. (p. 109)What is the most lenient sentence available once there has been a finding of guilt in court?
   A. Probation
   B. Conditional discharge
   C. Absolute discharge
   D. Mandatory minimum sentence

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

9. (p. 109)A probation order can be up to _________ year(s) long.
   A. one
   B. three
   C. five
   D. ten

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

10. (p. 109-110)Probation can follow a period of incarceration as long as the period of incarceration is less than
    A. 30 days in length
    B. 60 days in length
    C. 1 year in length
    D. 2 years in length

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

11. (p. 110)A suspended sentence
    A. is a final sentencing order
    B. requires the accused to comply with the probation conditions for the length of the probation order
    C. cannot be revoked
    D. results in a criminal record once successfully completed

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

 

 

12. (p. 110)Mandatory probation conditions include the following EXCEPT for
    A. having of good behaviour
    B. keeping the peace
    C. appearing before the court when required to do so
    D. completing a community service order

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

13. (p. 112)Restitution is ordered in approximately ____ % of guilty cases.
    A. 1
    B. 3
    C. 15
    D. 26

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

14. (p. 113)A conditional sentence is also known as
    A. alternative incarceration
    B. house arrest
    C. temporary custody
    D. non-custodial intervention

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

15. (p. 113)A consecutive sentence occurs when a defendant
    A. has to serve all sentences at the same time
    B. if sentenced to three one year terms of imprisonment the total sentence is one-year
    C. reports to the institution for evenings and weekends
    D. if sentenced to three one-year terms of imprisonment and the total sentence is three years

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

 

 

16. (p. 113)Intermittent sentences are only possible for sentences of ___ days or less.
    A. 365
    B. 90
    C. 60
    D. 30

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

17. (p. 113)When the offender who receives an intermittent sentence is not in custody,
    A. he or she is subject to the conditions of a probation order.
    B. he or she is subject to the conditions of a conditional sentence.
    C. he or she is in breach of recognizance.
    D. he or she can apply for work.

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

18. (p. 113)If sentenced to life imprisonment for first degree murder, an offender can apply to the Parole Board of Canada after serving
    A. 45 years
    B. 35 years
    C. 25 years
    D. 10 years

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

19. (p. 114)A dangerous offender application is launched
    A. by the investigating officer upon arrest of the accused
    B. by the judge during the sentencing phase of the trial
    C. by the Crown attorney during the sentencing phase of the trial
    D. by the Crown attorney during the trial

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

 

 

20. (p. 114)Dangerous Offender designation is intended for offenders who
    A. pose a risk of re-offence
    B. have not successfully completed anger management counselling
    C. pose a high risk of continuing to commit violent and/or sexual offences
    D. are not remorseful

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

21. (p. 116)Long-term Offender designation is intended for offenders
    A. who pose a substantial risk to reoffend
    B. where there is no reasonable possibility of eventual control of the risk in the community
    C. who have committed a singular act of violence
    D. who have not yet been convicted of a serious offence

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

22. (p. 116)Which of the following is NOT a consideration with a guilty plea?
    A. It is thought that the offender is accepting responsibility for his/her actions.
    B. A guilty plea saves time and money by not requiring a trial.
    C. It prevents the victims and witnesses from emotional trauma at trial.
    D. It lowers the risk of re-offense.

 

Learning Objective: 05-03 Identify the factors which are considered when sentencing decisions are made.

23. (p. 116)The judge may order a pre-sentence report in order to provide the court with more in-depth information about the defendant
    A. at any point during the trial
    B. after there has been a finding of guilt
    C. with consent of the defence attorney
    D. with consent of the Crown attorney

 

Learning Objective: 05-03 Identify the factors which are considered when sentencing decisions are made.

 

 

24. (p. 117)“Dead time” is
    A. when a defendant is incarcerated for life
    B. time spent in custody by an accused prior to trial
    C. post-sentence custody
    D. an in-custody threat

 

Learning Objective: 05-03 Identify the factors which are considered when sentencing decisions are made.

25. (p. 117)In general, the longer the criminal record of an individual being sentenced
    A. the more lenient the sentence
    B. the more severe the penalty imposed
    C. the less chance of Dangerous Offender status
    D. the more chance of him/her being sent for counselling

 

Learning Objective: 05-03 Identify the factors which are considered when sentencing decisions are made.

26. (p. 117)Which of the following is NOT a consideration of the judge at sentencing?
    A. the severity of the offence
    B. the offender’s relationship to the victim
    C. the offender’s annual income
    D. the offender’s attitude

 

Learning Objective: 05-03 Identify the factors which are considered when sentencing decisions are made.

27. (p. 118)An example of an aggravating factor considered at sentencing is
    A. the accused did not finish grade twelve
    B. the accused was convicted of assaulting his common-law girlfriend
    C. the accused has never had full-time employment
    D. the accused has serious mental health problems

 

Learning Objective: 05-03 Identify the factors which are considered when sentencing decisions are made.

 

 

28. (p. 118)Which of the following is a mitigating circumstance?
    A. The offence was committed against a religion that the offender publicly denounces.
    B. The offender is a full time student.
    C. The victim of the offence was the offender’s child.
    D. The offender does not take responsibility for his/her actions.

 

Learning Objective: 05-03 Identify the factors which are considered when sentencing decisions are made.

29. (p. 122)Sentencing disparity occurs when
    A. a judge decides not to impose the minimum mandatory sentence
    B. a judge sentences the offender to community service work and a period of incarceration
    C. a judge sentences similar persons who are convicted of the same offence, to very different sentences
    D. men and women receive similar sentences

 

Learning Objective: 05-04 Identify elements of sentencing disparity that exist in Canada.

30. (p. 123)Canadians gauge their opinions of crime ________, which highlight offenders who commit high profile crimes.
    A. on media reports
    B. on Statistics Canada reports
    C. on information from town hall meetings
    D. on the opinion of friends and family

 

Learning Objective: 05-04 Identify elements of sentencing disparity that exist in Canada.

31. (p. 123)Specific direction is given when considering sentencing an Aboriginal offender. The Criminal Code states that
    A. the number of Aboriginal persons investigated for criminal activity should be reduced.
    B. free legal counsel should be provided upon request.
    C. a restorative justice conference should be allowed.
    D. all available sanctions other than imprisonment that are reasonable in the circumstances should be considered.

 

Learning Objective: 05-04 Identify elements of sentencing disparity that exist in Canada.

 

 

32. (p. 124)Judges have been directed when sentencing Aboriginal offenders to take certain matters into consideration. These matters do NOT include:
    A. a history of colonialism
    B. higher rates of suicide
    C. lower levels of incarceration
    D. higher rates of substance abuse

 

Learning Objective: 05-04 Identify elements of sentencing disparity that exist in Canada.

33. (p. 121)Following conviction and sentencing for one of the designated offences listed in the Criminal Code, ________ can apply to the court for a Sex Offender Registration Order.
    A. the case manager
    B. the Crown
    C. the judge
    D. the victim

 

Learning Objective: 05-03 Identify the factors which are considered when sentencing decisions are made.

34. (p. 121)Once a court orders registration with the Sex Offender Registry, the offender is given notice to register in person at a designated police agency (registration centre) within ______ after the order is made or after he or she is released from custody.
    A. 24 hours
    B. 7 days
    C. 15 days
    D. 30 days

 

Learning Objective: 05-03 Identify the factors which are considered when sentencing decisions are made.

 

 

35. (p. 118)Examples of an offender who abused a position of authority or trust in committing an offence are listed below EXCEPT for
    A. a police officer who drives a missing person home
    B. a hockey coach who sexually abused a player
    C. a priest who defrauds his parishioner out of money
    D. a teacher who demands sexual acts for a higher grade

 

Learning Objective: 05-03 Identify the factors which are considered when sentencing decisions are made.

36. (p. 115)One of the considerations in order to be eligible for long-term offender status instead of dangerous offender status is that
    A. there is a certainty of eventual control of the risk in the community
    B. there is a reasonable possibility of eventual control of the risk in the community
    C. there is a remote possibility of eventual control of the risk in the community
    D. there is a strong probability of eventual control of the risk in the community

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

37. (p. 124)As a result of __________, the Supreme Court requires all Canadian courts to accept the fact that there are serious unique issues that pertain to Aboriginal people in Canada.
    A. the Gladue case
    B. residential schools
    C. colonialism
    D. lower incomes

 

Learning Objective: 05-04 Identify elements of sentencing disparity that exist in Canada.

38. (p. 124)There is research to date that suggests that federal Aboriginal offenders are sentenced to __________ sentences than their non-Aboriginal counterparts
    A. shorter
    B. similar
    C. longer
    D. identical

 

Learning Objective: 05-04 Identify elements of sentencing disparity that exist in Canada.

 

 

39. (p. 122)The reality is that sentences are imposed by judges, and judges are people with ________________, all of which can have an impact on their judgment.
    A. inappropriate opinions and education
    B. personal values and personal experiences
    C. biases and prejudices
    D. families and friends

 

Learning Objective: 05-04 Identify elements of sentencing disparity that exist in Canada.

40. (p. 120)Mandatory minimum sentences are controversial because they imply that a judge will not make a decision that is acceptable. Mandatory minimum sentences also deny a judge the opportunity to consider an accused person’s ____________ circumstances.
    A. individual
    B. negative
    C. complicated
    D. positive

 

Learning Objective: 05-03 Identify the factors which are considered when sentencing decisions are made.

41. (p. 108)When sentencing it is important to promote a sense of responsibility in offenders. The courts are requiring the offender to ______________ and ______________ how he or she has caused harm to the victim and the community.
    A. admit; explain
    B. agree; justify
    C. bargain; negotiate
    D. understand; accept

 

Learning Objective: 05-01 Identify the sentencing principles which guide the judiciary in Canada.

 

 

42. (p. 108)Sentencing options that address reparation directly are __________________.
    A. victim impact statement and victim surcharge
    B. custodial sentence and probation
    C. restitution and community service
    D. absolute and conditional discharge

 

Learning Objective: 05-01 Identify the sentencing principles which guide the judiciary in Canada.

43. (p. 108)If the penalty for an offence changes between the time when a defendant committed an offence and the time when that person is sentenced, he or she will be subject to the ______ penalty.
    A. greater
    B. lesser
    C. same
    D. original

 

Learning Objective: 05-01 Identify the sentencing principles which guide the judiciary in Canada.

44. (p. 108)The sentencing options are identified in the Criminal Code and they may be added to or amended in order to ____________________.
    A. be more punitive
    B. reduce the harm to the offender
    C. meet society’s needs
    D. please the Law Society of Upper Canada

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

45. (p. 109)Most summary conviction offences are punishable by
    A. a maximum of six months in jail and a $5,000.00 fine.
    B. a maximum of two years’ probation and a $5,000.00 fine.
    C. a minimum of six months in jail and a $5,000.00 fine.
    D. a maximum of six months in jail and a $50,000.00 fine.

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

 

 

46. (p. 109)A judge may use his or her ___________ and sentence the offender to a term less than the maximum.
    A. education
    B. experience
    C. discretion
    D. opinion

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

47. (p. 112)Restitution is _____________ compensation for any loss to the victim.
    A. psychological
    B. financial
    C. emotional
    D. quantifiable

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

48. (p. 109)A conditional sentence is accompanied by a probation order with terms and conditions. The offender is placed on probation for a period of up to ____ years for adult offenders, and ____ years for young offenders.
    A. three; two
    B. three; three
    C. two; two
    D. two; one

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

49. (p. 113)A ____________ sentence is the most severe form of sentencing available to a judge.
    A. probationary
    B. custodial
    C. intermittent
    D. conditional

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

 

 

50. (p. 117)In pre-trial custody, the accused is not able to take advantage of education, _______, or employment programs.
    A. social time
    B. yard time
    C. day parole
    D. treatment

 

Learning Objective: 05-03 Identify the factors which are considered when sentencing decisions are made.

 

Short Answer Questions

51. (p. 107)What is the risk if the public believes a sentence is too lenient?

If the public perception is that a sentence does not fit the crime because it is too lenient, the public will often express its disapproval, usually through the media.

 

Learning Objective: 05-01 Identify the sentencing principles which guide the judiciary in Canada.

52. (p. 107)Define specific deterrence.

Sentencing an offender with a view to deterring that individual from committing another criminal offence.

 

Learning Objective: 05-01 Identify the sentencing principles which guide the judiciary in Canada.

53. (p. 107)Define and describe rehabilitation.

Rehabilitation is an effort to provide the offender with new skills, abilities, attitudes, and strengths to support the goal of remaining crime-free.

 

Learning Objective: 05-01 Identify the sentencing principles which guide the judiciary in Canada.

 

 

54. (p. 108)Define the principle of proportionality.

The principle of proportionality means that full consideration must be given to the gravity of the offence and the extent to which the offender is blameworthy.

 

Learning Objective: 05-01 Identify the sentencing principles which guide the judiciary in Canada.

55. (p. 110)Explain what a suspended sentence is and how does it work?

A suspended sentence requires the accused to comply with the probation conditions for the length of the probation order. If the accused is convicted of breaching any of the probation conditions within the probation period, then the suspended sentence may be revoked.

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

56. (p. 110)What is the victim fine surcharge?

A charge imposed on convicted offenders that benefits victim services in the specific jurisdiction.

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

57. (p. 113)What is the purpose of the conditional sentence?

A conditional sentence is intended to reduce the use of incarceration, while at the same time ensuring that the offender is treated fairly and the public is protected.

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

 

 

58. (p. 113)What is an intermittent sentence? How does it impact the offender?

An intermittent sentence is a sentence that has a break within it that permits the offender to leave the institution for employment or education. This type of a sentence is often a weekend sentence and does not interfere with employment and may prevent offenders from committing further offences because they do not lose their source of income and are able to maintain family contacts. When an offender is not in custody, he or she is subject to the conditions of a probation order.

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

59. (p. 114)How many convictions must an offender have before the Crown apply to have an offender declared a dangerous offender?

The Crown may apply to have an offender declared a dangerous offender when a person is convicted of his or her third offence. Consent must be received from the Attorney General in order to initiate the application. It must be proved that the offender is at risk of re-offending, is a danger to the community, and there is little hope of minimizing the risk the offender poses within the community.

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

60. (p. 114)When can a dangerous offender apply for parole?

A dangerous offender is placed on an indefinite sentence within the federal correctional system. He or she may apply for parole after the first seven years in custody, and then again every two years afterwards.

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

 

 

61. (p. 116)How does a guilty plea impact sentencing?

A guilty plea often results in a reduced sentence, and the earlier in the process that the guilty plea is made, often the greater the reduction.

 

Learning Objective: 05-03 Identify the factors which are considered when sentencing decisions are made.

62. (p. 118)What are mitigating circumstances?

Circumstances that may reduce the severity of the sentence. These could include first-time offenders, if the offender has steady employment, if the offender has taken responsibility for his or her involvement in the offence, has special needs or challenges, has a good character, has a supportive family, or is engaged in treatment since the time of the offence.

 

Learning Objective: 05-03 Identify the factors which are considered when sentencing decisions are made.

63. (p. 118)What is mandatory sentencing?

Mandatory sentencing refers to the requirement to impose a minimum sentence on those who are convicted of specific offences.

 

Learning Objective: 05-03 Identify the factors which are considered when sentencing decisions are made.

64. (p. 124)Why is it a challenge to compare offender sentencing outcomes?

It is a challenge to compare offenders when they present with varying lengths of criminal records, differences in the severity of offences, and other factors that are taken into consideration in the sentencing process.

 

Learning Objective: 05-04 Identify elements of sentencing disparity that exist in Canada.

 

 

65. (p. 116)When can a pre-sentence report be requested?

The court can only request a pre-sentence report after the accused is found guilty or has entered a guilty plea.

 

Learning Objective: 05-03 Identify the factors which are considered when sentencing decisions are made.

 

True / False Questions

66. (p. 107)General deterrence is sentencing an offender with a view to prevent the offender from committing the same offence.
    FALSE

Sentencing an offender with a view to deterring the general public from committing the same offence.

 

Learning Objective: 05-01 Identify the sentencing principles which guide the judiciary in Canada.

67. (p. 107)Reparation can include treatment programs for substance abuse, education and training courses, anger management, and personal counselling.
    FALSE

(This is the definition for rehabilitation)

 

Learning Objective: 05-01 Identify the sentencing principles which guide the judiciary in Canada.

68. (p. 108)At sentencing the judge must consider only institutional options.
    FALSE

There is a wide range of sentencing options available to judges in Canada, which includes both community and institutional options.

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

 

 

69. (p. 110)Failing to comply with a probation order is an indictable offence.
    FALSE

Failing to comply with a probation order is a summary conviction offence.

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

70. (p. 110)The most common sentencing option for both violent and property crime is incarceration.
    FALSE

The most common sentencing option used in Canadian courts for both violent crime and property crime is the imposition of a probation order.

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

71. (p. 110)The maximum fine that can be imposed for a summary conviction offence is $2000.00
    FALSE

$5000.00

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

72. (p. 113)While under house arrest, the offender is never permitted to leave the home.
    FALSE

The offender is permitted to leave the home for specific purposes, such as medical appointments.

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

 

 

73. (p. 113)A concurrent sentence means that all sentences are served at the same time.
    TRUE

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

74. (p. 114)For a Dangerous Offender application, the Crown must receive consent from the Attorney General in order to initiate the application.
    TRUE

 

Learning Objective: 05-02 Describe the adult sentencing options available to the courts.

75. (p. 117)The judge may consider the offender’s relationship to his/her victim when sentencing.
    TRUE

 

Learning Objective: 05-03 Identify the factors which are considered when sentencing decisions are made.

76. (p. 117)The judge only considers the current case and does not compare that case to others when deciding the sentence.
    FALSE

Courts consider sentences imposed for other similar offences, committed under similar circumstances to ensure that there is an element of consistency in the manner in sentencing.

 

Learning Objective: 05-03 Identify the factors which are considered when sentencing decisions are made.

 

 

77. (p. 118)A mitigating circumstance is a fact or circumstance that increases the severity of the offence.
    FALSE

Aggravating factors are facts or circumstances that increase the severity of the offence. Mitigating circumstances are circumstances that may reduce severity of the sentence.

 

Learning Objective: 05-03 Identify the factors which are considered when sentencing decisions are made.

78. (p. 121)The Sex Offender Registry is a database that is available to the public.
    FALSE

The Sex Offender Registry is a database that is not available to the public—it is an investigative tool that is only available to the police across Canada.

 

Learning Objective: 05-03 Identify the factors which are considered when sentencing decisions are made.

79. (p. 116)The earlier in the process that a guilty plea is made, often the greater the reduction in sentence.
    TRUE

 

Learning Objective: 05-03 Identify the factors which are considered when sentencing decisions are made.