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Chapter 6 In Law 12 Textbook

2518 words - 11 pages

6.1-6.21. What is the purpose of a pre-sentence report? What might such a report contain?The purpose of a pre-sentence report is to set out the individual circumstances of the convicted offender.The report might contain interviews with the offender and others who may be able to shed some light on the person's past history and future potential.2. What factors must a judge consider when deciding upon a sentence?Judges often refer to similar cases but are not required to follow sentences imposed in similar cases. The judge may also consider the time spent in custody awaiting trial and/or sentencing, the circumstances of the convicted person, and the potential for ...view middle of the document...

5. What is recidivism?It is a relapse into crime.6.31. What is a diversion program? What are the benefits of diverting people from prison?Diversion programs are sentences that keep offenders out of the prison system.The benefits of diverting people from the prison are reducing the cost to taxpayers, reduce the exposure of the accused to criminal society and allow the accused to pay his or her debt to society in a more meaningful way.2a) What is probation, and what might a probation order involve?Probation is when an accused is released instead of being imprisoned.A probation order can also be used in addition to fines, and in addition to sentences of less than 2 years.The judge could order that the offender· Report to a probation officer· Provide spousal support or support to any dependants· Abstain from the consumption of alcohol· Abstain from owning, possessing, or carrying a weapon· Make restitution to any injured persons· Remain within the jurisdiction of the court and notify the probation officer of any change in address or employment· Make reasonable efforts to find and maintain suitable employmentb) Discuss breach of probation.A breach of probation is when the offender does not comply with the probation order that is in place.3a) Distinguish between an absolute and a conditional discharge.Absolute discharge- a sentence whereby the accused is discharged rather than convicted, even though the charge is proven, or the plea is guilty.Conditional discharge-a discharge with certain conditions, such as probation, attached; if conditions a violated, offenders can be brought back to court and given the original sentence on the charge.b) Distinguish between a conditional discharge and a suspended sentence.Conditional discharge-see aboveSuspended sentence- a judgment wherein sentencing is put off until a later date, and if the offender meets certain conditions, will not occur at all.4. Give two examples of the suspension of a social privilege.A license to drive or a license to serve liquor in a restaurant.5. What is binding-over, and what is its purpose?Binding-over is the requirement by a judge of a person to keep the peace and be of good behavior. Its purpose is to deter the offender from committing a similar offence.6. a) When must a judge consider ordering restitution to a victim?The courts are required to consider restitution in all cases involving either harm to property, or expenses arising from bodily injuries. The judge must also take into consideration the offender's ability to provide restitution.b) What developments are occurring in the area of compensation?Some communities have introduced a program where the offender and the victim meet to work out the terms of restitution.7. Why are community service orders given?They are given because they may give the offender a feeling of worth for making a social...

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