Deck 9: A: Sentencing and Parole in Canada

Question 1

Aboriginal courts in Canada are sometimes referred to as:

A)Gladue courts
B)drug courts
C)Bill C-41 courts
D)Gregory courts
E)restorative justice courts

Answer 1

Gladue courts

Question 2

Research has demonstrated that the greatest variation in sentencing is accounted for more by ___________ than the actual facts of the case.

A)Information about the judge
B)The defendant's gender
C)Victim characteristics
D)The defendant's race
E)The way the lawyers present the case

Answer 2

Information about the judge

Question 3

Which of the following is not one of the "creative" sentencing options discussed in your text that have been handed down by judges in the United States?

A)Wearing chicken suits
B)New age anger management classes
C)Unpaid work for a septic company
D)Listening to classical music
E)Males dressing as women

Answer 3

Unpaid work for a septic company

Question 4

According to your textbook,which of the following is not a goal of sentencing in Canada?

A)providing reparations to victims
B)denouncing the act to society
C)aiding in the rehabilitation of the offender
D)ensuring that retribution is achieved
E)promoting a sense of responsibility in offenders

Question 5

According to McFatter (1986),the two major sources of unwarranted sentencing disparity are:

A)extra-legal disparity and intra-legal disparity
B)systematic disparity and unsystematic disparity
C)justifiable disparity and unjustifiable disparity
D)general disparity and specific disparity
E)coherent disparity and incoherent disparity

Question 6

According to Canadian researchers,one of the most important problems with sentencing at the moment is:

A)high rates of offender recidivism even when harsh sentences are administered
B)sentencing disparity
C)prison overcrowding
D)a lack of adequate research on sentencing in Canada
E)the fact that the criminal justice system tends to hand down sentences that are too lenient

Question 7

Tommy is hospitalized due to injuries sustained from a car accident,which was caused by an inattentive driver.The judge requires that the driver pay for Tommy's medical bills incurred as a result of the accident.This particular sentence is known as:

A)a conditional discharge
B)a conditional sentence
C)a fine
D)restitution
E)none of the above

Question 8

The Canadian Criminal Code outlines several principles of sentencing.Which of the following is not included in these principles?

A)Sentences should be adjusted to account for relevant aggravating circumstances.
B)Sentences should be adjusted to account for relevant mitigating circumstances.
C)Judges should consider multiple goals when handing down sentences.
D)Where consecutive sentences are imposed,the combined sentence should not be unduly harsh.
E)If possible,sentences other than imprisonment should be considered.

Question 9

A member of Canada Post has been charged with violating personal rights as he was opening and reading letters that were not addressed to him while sorting mail for his route.This Canada Post worker would be tried in what type of court?

A)Administrative Tribunal
B)Gladue Court
C)Provincial Superior Court
D)Federal Court
E)Tax Court of Canada

Question 10

Which of the following would not be considered a Gladue factor in Aboriginal Courts?

A)Attendance at a residential school
B)Lack of employment
C)Substance abuse
D)Strong cultural identification
E)Exposure to abuse

Question 11

Which of the following is not a potential explanation for Aboriginal overrepresentation in the prison system?

A)Aboriginal people commit more crimes than non-Aboriginal people.
B)Compared to non-Aboriginal people,Aboriginal people commit crimes that are more likely to result in prison sentences.
C)Aboriginal people have greater access to adequate legal representation compared to non-Aboriginal people.
D)Aboriginal are more economically disadvantaged than non-Aboriginal people and thus are impacted more by criminal justice practices such as the use of fines.
E)There is systemic racism in the criminal justice system,which negatively impacts Aboriginal people.

Question 12

One of Canada's newest sentencing options,introduced in 1996,allows offenders to serve their sentence in the community.This option is referred to as:

A)restitution
B)an absolute discharge
C)a conditional discharge
D)specific deterrence
E)a conditional sentence

Question 13

Sentencing an offender with the goal of reducing the probability that members of the community will violate the law is known as:

A)restorative justice
B)reparative justice
C)specific deterrence
D)systematic disparity
E)general deterrence

Question 14

A convicted offender sentenced to three years in prison is likely to be placed in:

A)a federal penitentiary
B)a maximum security penitentiary
C)a territorial prison
D)a provincial prison
E)none of the above

Question 15

Which of the following statements is incorrect with regard to sentencing in Canada?

A)The fundamental principle of sentencing indicates that more serious offences should receive more serious sentences.
B)Sentencing goals can be incompatible with one another.
C)Judges sometimes rely on extra-legal factors when handing down sentences.
D)Judges must select one specific goal they hope to achieve when handing down a sentence.
E)Monetary fines are the most common sentencing options used in Canada.

Question 16

Perreault (2009)reported that Aboriginal offenders were greatly overrepresented in both custody and community-based correctional programs.Compared to the rate of Aboriginal persons in the Canadian population (about 3%),what was the approximate rate of Aboriginal people in the correctional population?

A)10%
B)18%
C)26%
D)31%
E)40%

Question 17

James was just convicted of breaking and entering in an Ontario court.The judge sentenced James to 18 months in jail.Where will James serve out his sentence?

A)a federal penitentiary
B)a maximum security penitentiary
C)a territorial prison
D)a provincial prison
E)none of the above

Question 18

Which court is responsible for providing direction to the federal government on legal issues such as the interpretation of Canadian Constitutional Rights?

A)Federal Administrative Tribunal
B)Gladue Court
C)Provincial Superior Court
D)Federal Court of Appeal
E)Supreme Court of Canada

Question 19

Which of the following types of cases would not be heard at a provincial or "inferior" court?

A)traffic violations
B)small claims
C)first degree murder cases
D)appeals from administrative tribunals
E)both b and c

Question 20

Restorative justice refers to:

A)An approach that focuses on restoring the balance between right and wrong-doing and employs harsh punishment techniques
B)An approach that emphasizes access to rehabilitation resources while offenders are in prison to minimize future offending.
C)An approach used to heal those affected by the criminal act (victims,offenders,and community)
D)An approach that recognizes that life factors need to be addressed throughout corrections in order to restore a person to a law-abiding citizen.
E)An approach that employs a mandatory program in prison called "recover and restore" to address offender remorse,reparations,and positive behavioural changes.

Question 21

Sentencing guidelines,such as mandatory minimum sentences and starting point sentences,have been utilized to:

A)promote rehabilitation rather than incarceration.
B)"crack down" on crime by increasing sentence severity.
C)increase leniency towards offenders with mitigating circumstances.
D)reduce sentencing disparity between and within judges.
E)provide juries with better instructions on how they should sentence offenders.

Question 22

What is the most common procedure used to study sentencing disparity?

A)field studies
B)archival studies
C)simulation studies
D)use of official sentencing statistics
E)none of the above

Question 23

For offences included in the Canadian Criminal Code,the death penalty was formally abolished in:

A)1945
B)1962
C)1976
D)1985
E)1999

Question 24

Which of the following statements is true concerning parole in Canada?

A)Most offenders released on parole are convicted of new crimes.
B)Parole reduces the sentence imposed by the courts.
C)An offender's expression of remorse is the most important factor taken into account when decisions are made about parole.
D)The National Parole Board denies full parole to over half of offenders at their first parole review date.
E)Victims do not have role in the parole process.

Question 25

Which of the following is a source of systematic sentencing disparity?

A)personality differences across judges
B)a judge's mood fluctuations
C)a judge's level of fatigue
D)both b and c
E)none of the above

Question 26

Parole involves all of the following principles,except:

A)an attempt to rehabilitate offenders so they can become productive contributors to society.
B)to reduce sentences imposed by the courts.
C)a high degree of community supervision to ensure the parolee is abiding by certain rules.
D)the conditional release of offenders into a community.
E)a clause that revokes parole if conditions are not complied with.

Question 27

One example of an inappropriate intervention would be:

A)Psychodynamic strategies
B)Role-playing
C)Behavioural modelling
D)Rehearsal
E)Reinforcement

Question 28

According to your textbook,which of the following is an example of a criminogenic need?

A)an offender's self-esteem
B)childhood sexual abuse
C)age at first offence
D)socioeconomic status
E)antisocial attitudes

Question 29

Judge Ingles just sentenced a young male defendant to 5 years in prison for sexual assaulting his girlfriend.In another similar case of date rape,Judge Faberson sentenced the young male defendant to 10 years in prison. In yet another sexual assault case between a young male defendant and his female roommate,Judge Percy handed down a sentence of 12 years.These discrepancies in sentencing reflect what type of sentencing disparity?

A)Extra-legal disparity
B)Systematic disparity
C)Unsystematic disparity
D)Generalized disparity
E)Intra-legal disparity

Question 30

In a study of Canadian provincial court judges by Palys and Divorski (1986),each judge participant was provided with 5 different criminal cases (and surrounding information).The judges were asked impose a sentence for each offender and indicate what facts they considered relevant in their decision-making (i.e.,legal objectives,case facts,and demographic information).What component of the judge's decision-making was the most important predictor of sentencing severity?

A)Differential weighting of legal objectives
B)Over-consideration of the race of the defendant
C)Selective attention to facts only the judge considered relevant
D)Inconsistent or unclear case facts
E)An interaction between the gender of the defendant and the type of crime

Question 31

Which of the following statements is true regarding sentencing disparity in Canada?

A)So far,no methods have been proposed to reduce sentencing disparity.
B)Sentencing disparity ultimately exists because judges are allowed a great deal of discretion when making sentencing decisions.
C)Laboratory-based studies do not show evidence of sentencing disparity.
D)Official statistics cannot be used to study sentencing disparity in Canada.
E)All of the above statements are true.

Question 32

In 1899,Sir Wilfrid Laurier was responsible for the introduction of ______________ in Canada.

A)parole
B)probation
C)conditional sentencing
D)restitution
E)imprisonment

Question 33

Judge Jonas has heard three cases of breaking and entering today,all involving similar offenders and similar circumstances.In the first case,he handed down a sentence of 3 months,in the second case a sentence of 2 years,and in the third case a sentence of 8 months.Judge Jonas' behaviour reflects what type of sentencing disparity?

A)Extra-legal disparity
B)Systematic disparity
C)Unsystematic disparity
D)Generalized disparity
E)Intra-legal disparity

Question 34

Which of the following statements is/are true regarding the death penalty in Canada?

A)A 2013 opinion poll indicated that the majority of Canadians are in favour of reinstating the death penalty for murder.
B)Research suggests that the death penalty should not be reinstated if the purpose of it is to reduce crime.
C)The murder rate in Canada has generally declined since the death penalty was abolished.
D)It is rare for convicted murderers in Canada to commit another murder upon release from prison.
E)all of the above

Question 35

In their research on the responsivity principle,Andrews and Bonta (2010)suggested that ___________________ interventions are likely to be most useful with offenders.

A)psychodynamic
B)"scared straight"
C)humanistic
D)emotion-based
E)cognitive-behavioural

Question 36

In the study conducted by McFatter (1986),sentencing disparity:

A)resulted mostly from unsystematic sources
B)resulted mostly from systematic sources
C)did not exist
D)only existed for inexperienced judges
E)was only evident in cases involving murder and rape

Question 37

Johnny is a low-risk offender.According to the risk principle,what is likely to happen if he is exposed to very intense prison-based interventions?

A)His risk of recidivism is likely to decrease dramatically.
B)His risk of recidivism is likely to decrease slightly.
C)His risk of recidivism is likely to remain the same.
D)His risk of recidivism is likely to increase.
E)He will definitely recidivate upon release from prison.

Question 38

Rob is illiterate and English is his second language.When he is sentenced to incarceration,he is given treatment that requires him to read treatment-related books written in English before each of his counselling sessions.This is a violation of what principle of effective correctional treatment?

A)the need principle
B)the risk principle
C)the responsivity principle
D)the rehabilitative principle
E)the specificity principle

Question 39

According to the study by Gendreau et al.(2001),which examined the effectiveness of community-based sanctions and incarceration,the only two sanctions that were found to decrease recidivism were:

A)prison and electronic monitoring
B)restitution and supervision programs
C)fines and electronic monitoring
D)restitution and fines
E)prison and supervision programs

Question 40

Typically in Canada,an incarcerated offender is first eligible for full parole after having served ___________ of his/her sentence.

A)one-quarter
B)one-third
C)half
D)two-thirds
E)three-quarters

Question 41

Which of the following is not true concerning results found from public opinion surveys examining public attitudes toward sentencing and parole?

A)Canadians believe offenders are treated too harshly.
B)Canadians support alternatives to prison under certain circumstances.
C)Canadians have more confidence in the courts than they do in the police.
D)both a and c
E)both a and b

Question 42

When making a decision about whether to grant an offender parole,the National Parole Board takes into account:

A)opinions from police officers
B)the offender's mental status
C)the offender's employment history
D)information from victims
E)all of the above

Question 43

Generally,offenders granted ________ are less likely to breach their parole conditions than those granted ___________.

A)statutory release/full parole
B)statutory release/day parole
C)statutory release/temporary absence
D)day parole/statutory release
E)none of the above

Question 44

Which of the following is not one of the myths surrounding parole in Canada?

A)Parole reduces sentences imposed by the courts
B)Parole is automatically granted when an inmate becomes eligible for parole consideration
C)The PBC grants parole to offenders who express remorse for the offences they have committed
D)Most of the offenders released on parole are convicted of new crimes
E)Victims play a key role in the parole process,and their views concerning personal and public safety are considered

Question 45

Sylvia has served the first third of her sentence for assaulting her husband.What is the highest level of parole that she is now eligible for?

A)Statutory release
B)Day parole
C)Full parole
D)Temporary absence
E)Warrant expiry

Question 46

The first type of release an offender is typically granted is:

A)day parole
B)full parole
C)statutory release
D)temporary absence
E)partial parole

Question 47

Data from the Parole Board of Canada indicates that most of the failures experienced by offenders on parole (and statutory release)are due to _____________________ rather than __________________.

A)antisocial peers; breach of conditions
B)commission of new offences; breach of conditions
C)breach of conditions; commission of new offences
D)breach of conditions; antisocial attitudes and lifestyle
E)drug and substance abuse; breach of conditions

Question 48

Dr.Serin and colleagues developed an empirically-based framework for making parole decisions that has been adopted by the Parole Board of Canada.Research on the use of this framework has revealed that:

A)Higher rates of decision errors have occurred due to confusion over the model
B)Lower rates of decision errors have occurred across a range of situations
C)Lower rates of decision errors have occurred,but only for Aboriginal offenders
D)Higher rates of decision errors have occurred for special inmate populations (Aboriginal,youth,women)but errors have been reduced for the remainder of inmates
E)Use of this model does not result in significant differences when compared to traditional (unstructured)parole decision-making

Question 49

By law,most federal inmates must be granted ____________ after serving ________ of their sentence.

A)temporary absence/one-third
B)temporary absence/half
C)statutory release/two-thirds
D)statutory release/three-quarters
E)none of the above

Question 50

According to recent opinion polls,the criminal justice institution in which the Canadian public tends to have most confidence is:

A)the police
B)the federal government
C)the National Parole Board
D)the supreme court
E)the provincial courts

Question 51

Russell was given a 9 year sentence for attacking a coworker with a knife.His sentence commenced in 2013.In 2019,Russell will be eligible for what type of parole?

A)Statutory release
B)Day parole
C)Full parole
D)Temporary absence
E)Warrant expiry

Question 52

Mason was convicted of assault with a weapon,and has served a portion of his time in jail.He is being granted statutory release,meaning that he has served ___________ of his sentence.

A)one-quarter
B)one-third
C)half
D)two-thirds
E)three-quarters

Question 53

The most common manner of examining public attitudes toward sentencing and parole is through:

A)simulation studies
B)focus groups
C)public opinion surveys
D)field studies
E)none of the above