Criminal Justice 1st Canadian Edition by Gina – Test Bank

 

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Sample Test

Chapter 03

Policing

 

 

Multiple Choice Questions

1.   (p. 53)Who was Sir Robert Peel?
A. Commander of the “Bobbies” in England.
B. Created the North West Mounted Police.
C. The first Canadian police officer.
D. Ontario Provincial Police Commissioner.

 

Learning Objective: 03-01 Describe the history of policing in Canada.

2.   (p. 54)Which one of the below is NOT one of Sir Robert Peel’s principles?
A. The test of police efficiency is the absence of crime and disorder.
B. The police are the public and the public are the police.
C. Police seek and preserve public favour by catering to public opinion.
D. The basic mission for which the police exist is to prevent crime and disorder.

 

Learning Objective: 03-01 Describe the history of policing in Canada.

3.   (p. 54)In policing today, there is approximately 1 civilian employee (clerical, administrative, maintenance functions) for every ____ police officers.
A. 10
B. 4
C. 2.5
D. 1.5

 

Learning Objective: 03-02 Identify the organization of policing in Canada.

 

 

4.   (p. 55)Canada’s federal police agency is the
A. North West Mounted Police
B. Royal Canadian Mounted Police
C. Customs and Immigration Canada
D. Canadian Border Service Agency

 

Learning Objective: 03-02 Identify the organization of policing in Canada.

5.   (p. 55-56)Which two provinces are responsible for policing themselves?
A. Ontario and Quebec
B. Quebec and New Brunswick
C. Calgary and Ontario
D. Ontario and New Brunswick

 

Learning Objective: 03-02 Identify the organization of policing in Canada.

6.   (p. 56)Which is the largest municipal police service in Canada?
A. Surete de Quebec
B. Montreal Police Service
C. Royal Newfoundland Constabulary
D. Toronto Police Service

 

Learning Objective: 03-02 Identify the organization of policing in Canada.

7.   (p. 58)The underlying principle of Aboriginal justice was to
A. restore social order and resolve conflict
B. prevent harm and resolve conflict
C. restore social order and counsel victims
D. restore social order and punish the offender

 

Learning Objective: 03-02 Identify the organization of policing in Canada.

 

 

8.   (p. 58)Which agency is responsible for protecting Canada from threats through terrorism, espionage, foreign interference, and cyber-tampering?
A. Canadian Border Services Agency
B. Canadian Security Intelligence Service
C. The Royal Canadian Mounted Police
D. The Government of Canada

 

Learning Objective: 03-02 Identify the organization of policing in Canada.

9.   (p. 59)The following is NOT a federal statute.
A. The Police Services Act
B. Canada Evidence Act
C. Controlled Drug and Substance Act
D. The Constitution Act

 

Learning Objective: 03-03 Identify the legislation that governs police in Canada.

10.                (p. 59)The Canadian Charter of Rights and Freedoms was enacted in
A. 2010
B. 2005
C. 1990
D. 1982

 

Learning Objective: 03-03 Identify the legislation that governs police in Canada.

11.                (p. 61)When is it NOT acceptable for a police officer to use his/her discretion?
A. When making an arrest
B. When issuing a traffic ticket
C. When investigating a youthful offender
D. When investigating a domestic violence assault

 

Learning Objective: 03-03 Identify the legislation that governs police in Canada.

 

 

12.                (p. 63)Which is NOT one of the functions of the police?
A. Crime prevention
B. Community change through legislative change
C. Law enforcement
D. Emergency response

 

Learning Objective: 03-04 Describe the role and function of policing.

13.                (p. 65)Community policing is an approach that recognizes the partnership and shared responsibility for crime prevention that exists between the police and the community, and involves skills and abilities to engage communities in ______________ problem solving.
A. emergency
B. cooperative
C. shared
D. proactive

 

Learning Objective: 03-04 Describe the role and function of policing.

14.                (p. 66)Basic qualifications to become a police officer in Canada include:
A. height, weight, previous criminal record
B. race and religion
C. age, fitness, moral character, driving ability, and eligibility to work in Canada
D. post-secondary education, gender, place of origin

 

Learning Objective: 03-05 Explain the recruitment; selection; and training process.

15.                (p. 66)Although the minimum age for hire is 18, the RCMP reports that the average hiring age of their recruits is
A. 19
B. 27
C. 25
D. 23

 

Learning Objective: 03-05 Explain the recruitment; selection; and training process.

 

 

16.                (p. 67)The percentage of female officers in policing in Canada is
A. 11
B. 21
C. 31
D. 41

 

Learning Objective: 03-05 Explain the recruitment; selection; and training process.

17.                (p. 68)Which profession is twice as likely to be killed on the job as police officers?
A. Fast food delivery workers
B. Taxi drivers
C. Teachers
D. Train engineers

 

Learning Objective: 03-06 Recognize the stresses related to police work.

18.                (p. 69)Oversight for police services at the municipal and regional levels is performed by a
A. Police Advisory Board
B. Citizen Coalition
C. Accountability and Citizenship Board
D. Police Services Board

 

Learning Objective: 03-07 Outline types of police accountability and oversight.

19.                (p. 71)In 2010, the cost of policing in Canada was approximately
A. $21.6 billion
B. $12.6 billion
C. $6.21 billion
D. $26.1 billion

 

Learning Objective: 03-08 Identify ways in which policing is evaluated.

 

 

20.                (p. 71-72)What is the most effective way to measure police productivity?
A. There is not one best way to measure police productivity.
B. Tabulate the number of criminal code incidents which are processed each year.
C. Identify clearance rates which represent the number of cases solved.
D. Measuring the level of fear in the community.

 

Learning Objective: 03-08 Identify ways in which policing is evaluated.

21.                (p. 72)Private security officers are hired to protect ___________ property.
A. public
B. valuable
C. private
D. public and private

 

Learning Objective: 03-09 Describe the role of private police in Canada.

22.                (p. 72)According to Statistics Canada, there are _____ people employed in the private security industry for every police officer in Canada.
A. three
B. two
C. seven
D. four

 

Learning Objective: 03-09 Describe the role of private police in Canada.

23.                (p. 72)Mandatory training in private security is a recent development, which aims to increase the ___________________ of the field.
A. size
B. professionalization
C. speed of response
D. liability

 

Learning Objective: 03-09 Describe the role of private police in Canada.

 

 

24.                (p. 72)Comparing public police and private security personnel, private security services represent greater _____________.
A. expertise
B. motivation
C. supervision
D. diversity

 

Learning Objective: 03-09 Describe the role of private police in Canada.

25.                (p. 73)In some circumstances we can consent to being searched by private security guards. When you understand what is being asked of you, and you are aware of your right to refuse, it is called
A. professional practice
B. full disclosure
C. informed consent
D. duress

 

Learning Objective: 03-09 Describe the role of private police in Canada.

26.                (p. 73)Private security guards have no authority to search someone without his or her permission unless they have conducted a ___________________.
A. cursory search
B. citizen’s arrest
C. investigative detention
D. seizure of property

 

Learning Objective: 03-09 Describe the role of private police in Canada.

 

 

27.                (p. 51)Russell Williams was arrested based on circumstantial evidence called good old fashioned police work. What two key pieces of physical evidence were identified as belonging to him?
A. Tire tracks and forensic evidence
B. DNA and fingerprints
C. DNA and tire marks
D. Boot prints and tire tracks

 

Learning Objective: 03-01 Describe the history of policing in Canada.

28.                (p. 52)Policing in early Canada was handled primarily by the military detachments stationed across Canada, until individual communities began to identify people who agreed to be ____________.
A. Security guards
B. Shire reeves
C. Watchmen
D. Supervisors

 

Learning Objective: 03-01 Describe the history of policing in Canada.

29.                (p. 53)The Royal Canadian Mounted Police have had their headquarters in ______________ since 1920.
A. Regina
B. Aylmer
C. Toronto
D. Ottawa

 

Learning Objective: 03-01 Describe the history of policing in Canada.

 

 

30.                (p. 53)As of 1873, the requirements to be hired as an RCMP officer included being
A. Male or female
B. Between the age of 17-35
C. Able to ride a horse
D. Fully bilingual

 

Learning Objective: 03-01 Describe the history of policing in Canada.

31.                (p. 54)As of 2011, there were 69,438 officers in Canada, which gives a ratio of ____ police officers for every 100,000 people.
A. 100
B. 150
C. 201
D. 251

 

Learning Objective: 03-02 Identify the organization of policing in Canada.

32.                (p. 59)Provincial police officers are sworn to enforce the laws within the province that employs them and their powers are limited to __________.
A. the country of Canada
B. any province in Canada
C. the province that they are employed in
D. the municipality where they provide policing service

 

Learning Objective: 03-03 Identify the legislation that governs police in Canada.

33.                (p. 59)The Canadian Charter of Rights and Freedoms is a part of the _____________.
A. Search and Seizure legislation
B. Constitutional Amendments
C. Criminal Code of Canada
D. Constitution Act

 

Learning Objective: 03-03 Identify the legislation that governs police in Canada.

 

 

34.                (p. 60)Section 8 of the Charter is important to understand as it states that
A. Everyone has the right not to be arbitrarily detained or imprisoned
B. Everyone has the right to be secure against unreasonable search or seizure
C. Everyone has the right to life, liberty, and security of the person
D. Everyone has the right to equality in the eyes of the law

 

Learning Objective: 03-03 Identify the legislation that governs police in Canada.

35.                (p. 61)Even though section 9 of the Charter states everyone has the right not to be arbitrarily detained or imprisoned
A. police can detain anyone at any time and do not have to justify why
B. the Charter does not have to be followed by the police
C. the courts have determined that random traffic stops are justified
D. the officer’s discretion overrides the need to abide by the Charter

 

Learning Objective: 03-03 Identify the legislation that governs police in Canada.

36.                (p. 61)Police discretion is limited in the following situation:
A. an officer finds a youthful offender with a stolen chocolate bar in his possession
B. an officer must ask for permission before using force on any person
C. a police officer must ask before he/she handcuffs a suspect
D. an officer is driving his police vehicle in pursuit of another vehicle

 

Learning Objective: 03-03 Identify the legislation that governs police in Canada.

37.                (p. 62)The most visible members in their day to day work in the criminal justice system are
A. the police
B. the Crown attorneys
C. the judges
D. the defense attorneys

 

Learning Objective: 03-04 Describe the role and function of policing.

 

 

38.                (p. 68)Between 1961 and 2009, how many police officers were murdered in the line of duty in Canada?
A. 33
B. 133
C. 233
D. 333

 

Learning Objective: 03-06 Recognize the stresses related to police work.

39.                (p. 68)Which is NOT one of the side effects of shift work?
A. sleep deficit
B. high blood pressure
C. alcoholism
D. depression

 

Learning Objective: 03-06 Recognize the stresses related to police work.

40.                (p. 69)What is the main criticism of the internal police investigative process, the Professional Standards unit?
A. corrupt practice
B. low quality of internal investigation
C. lack of accountability to the Special Investigation Unit
D. lack of transparency when the police are investigating their own

 

Learning Objective: 03-07 Outline types of police accountability and oversight.

41.                (p. 71)Police services budgets across Canada have increased steadily. Which of the following is NOT identified in the text as a reason for this?
A. more police officers have been hired
B. the majority of the budget is spent on salaries and benefits
C. Canadians are content with the service they receive and see the cost as acceptable
D. the cost of technology is driving up the cost for adequate policing service provision

 

Learning Objective: 03-08 Identify ways in which policing is evaluated.

 

 

42.                (p. 72)The clearance rate of 39 indicates that
A. 39 offenders were arrested that year
B. 39 percent of all reported offences were cleared by charge or other form of clearance
C. 39 percent of all reported offences were never solved
D. 39 police officers made arrests

 

Learning Objective: 03-08 Identify ways in which policing is evaluated.

43.                (p. 72)Which of the following statements does NOT apply to private security officers?
A. they are hired to protect public property
B. they secure areas such as sports venues, shopping malls, and businesses
C. private security can meet the specific needs of an organization
D. there has been a move towards more consistency and professionalism within the industry lately

 

Learning Objective: 03-09 Describe the role of private police in Canada.

44.                (p. 73)The powers of private security officers are
A. the same as police powers
B. dependent on their training and expertise
C. no different than those of an ordinary citizen
D. different whether they are on duty or off

 

Learning Objective: 03-09 Describe the role of private police in Canada.

45.                (p. 73)The power for anyone to arrest without warrant does NOT include
A. a person whom he/she finds committing a summary conviction offence
B. a person whom he/she finds committing an indictable offence
C. a person who has committed a criminal offence and is escaping from and freshly pursued by persons who have lawful authority to arrest that person
D. a person whom he/she finds committing a robbery

 

Learning Objective: 03-09 Describe the role of private police in Canada.

 

 

46.                (p. 73)Private security guards can search someone who
A. has been arrested for being suspicious
B. wants to enter a sporting event where a condition of entry is that they consent to being searched
C. is the driver of a car, including the car itself
D. they believe is in possession of drugs

 

Learning Objective: 03-09 Describe the role of private police in Canada.

47.                (p. 73)Informed consent means
A. you understand what you have been told, and know you must comply
B. you don’t feel that you can refuse, so you comply
C. you don’t understand what is being asked of you, but you agree
D. you understand what is being asked of you, and you are aware of your right to refuse

 

Learning Objective: 03-09 Describe the role of private police in Canada.

48.                (p. 73)Once a citizen’s arrest is made
A. you must take them immediately to the nearest court house
B. the Crown Attorney must be contacted
C. a police officer must be notified
D. a police officer must intervene to conclude the process

 

Learning Objective: 03-09 Describe the role of private police in Canada.

49.                (p. 63)General police functions include
A. criminal investigation and behavioural profiling
B. travel information and assistance
C. criminal investigation, crime prevention, emergency response
D. emergency response and tactical deployment

 

Learning Objective: 03-04 Describe the role and function of policing.

 

 

50.                (p. 63)An example of proactive policing is when
A. an officer stops a car following a high-speed chase
B. an officer walks through a park at dusk
C. an officer meets with a victim of sexual abuse
D. an officer interviews a suspect for a robbery

 

Learning Objective: 03-04 Describe the role and function of policing.

 

Short Answer Questions

51.                (p. 55-56)List and describe the three levels of policing in Canada.

Federal: With a mandate to police approximately 75 percent of Canada’s geography, the RCMP is the largest police service in Canada. Their services include maintaining national databases; and special services include forensic sciences analysis, criminal intelligence, and police training. Provincial: In Ontario, provincial policing rests with the OPP, and in Quebec with the Sûreté du Québec. All other provinces and territories have agreements that the RCMP police their jurisdictions. Municipal: Municipal policing refers to policing urban centres, areas with a dense population, throughout Canada. Often called city or regional police. Municipalities can either form their own police service, join a neighbouring service, or contract provincial police or RCMP.

 

Learning Objective: 03-02 Identify the organization of policing in Canada.

52.                (p. 56)Which Municipal police service is the largest with 5,588 sworn police officers?

The Toronto Police Service.

 

Learning Objective: 03-02 Identify the organization of policing in Canada.

 

 

53.                (p. 61)What is police discretion and what are the limits to it?

Decisions on limiting police discretion are made to ensure that an individual officer’s decisions are consistent with the goals and priorities of society overall.

 

Learning Objective: 03-03 Identify the legislation that governs police in Canada.

54.                (p. 62)Describe the rank structure used by police services.

Police services are organized in a “top down” bureaucratic structure with a clear path of reporting and supervision. The rank structure is hierarchical in nature whereby the Chief or Commissioner holds the highest rank and is the commanding officer.

 

Learning Objective: 03-04 Describe the role and function of policing.

55.                (p. 62)Compare the clearance rates of police crime shows versus real life police work.

Police on television are far more successful than police in real life. One study indicated that on television the police have a 90 percent clearance rate, compared to real life where clearance rates are significantly lower at an average of 39 percent.

 

Learning Objective: 03-04 Describe the role and function of policing.

56.                (p. 65)Describe the Crime Stoppers program.

Crime Stoppers is an international organization that facilitates a partnership between the public, the police, and the media. This proactive program encourages the general public to assist the police anonymously to solve crimes.

 

Learning Objective: 03-04 Describe the role and function of policing.

 

 

57.                (p. 69)Who are the members of the Police Services Board?

The board membership consists of both politicians and civilians.

 

Learning Objective: 03-07 Outline types of police accountability and oversight.

58.                (p. 70)Describe the Special Investigation Unit in Ontario.

The Special Investigation Unit (SIU) is a civilian unit, established in 1990, independent of the police. The SIU investigates circumstances involving police and civilians that have resulted in serious injury, including sexual assault or death.

 

Learning Objective: 03-07 Outline types of police accountability and oversight.

59.                (p. 71)Give one example of a public commission.

Examples of such commissions include:
Report on the Police Complaints System in Ontario (Patrick LeSage, Q.C., 2005)
The Missing Women Commission of Inquiry (regarding the Robert William Pickton case)
Bernardo Investigation Review (Mr. Justice Archie Campbell, 1996)
Royal Commission of Inquiry into Certain Deaths at the Hospital for Sick Children and Related Matters (Mr. Justice Samuel Grange, 1984)

 

Learning Objective: 03-07 Outline types of police accountability and oversight.

60.                (p. 70)How does the media play a role in police accountability?

The media play a significant role in exposing situations that question police accountability. We have seen a number of examples where the media have raised questions about police conduct and raised awareness and a call for further examination.

 

Learning Objective: 03-07 Outline types of police accountability and oversight.

 

 

61.                (p. 51)Russell Williams was sentenced to life imprisonment, but he may be eligible for release at 72 years of age. Explain how this is possible.

Life imprisonment actually means that an offender must serve 25 years in prison, however he may then apply for parole at that time.

 

Learning Objective: 03-01 Describe the history of policing in Canada.

62.                (p. 58-59)Describe the role of CSIS in relation to other law enforcement agencies in Canada.

The intelligence gathered by CSIS complements and supports the work being done by law enforcement agencies across Canada.

 

Learning Objective: 03-02 Identify the organization of policing in Canada.

63.                (p. 59)What is a Police Act and what does it do?

Each police service in Canada is governed by a Police Act, a legislative framework within their jurisdiction that identifies rules, regulations, procedures, and processes. Each Act also clarifies the role and function of the police.

 

Learning Objective: 03-03 Identify the legislation that governs police in Canada.

64.                (p. 63)Policing is both proactive and reactive. Define these terms and explain.

It is proactive when police engage in crime prevention activities intended to reduce or eliminate crime. It is reactive when the police respond to a crime or an emergency situation.

 

Learning Objective: 03-04 Describe the role and function of policing.

 

 

65.                (p. 64)List the different methods of transportation used for police patrol.

Marked or unmarked cars, foot, bike, horseback, helicopter, and boat.

 

Learning Objective: 03-04 Describe the role and function of policing.

66.                (p. 63)Define crime prevention.

Crime prevention refers to both formal and informal actions intended to reduce the incidence of criminal activity. The police are involved in crime prevention programs and perform daily activities that deter crime.

 

Learning Objective: 03-04 Describe the role and function of policing.

67.                (p. 66-67)What are the three types of training that a police officer will have to take?

Recruit training, field training, and in-service training.

 

Learning Objective: 03-05 Explain the recruitment; selection; and training process.

68.                (p. 68)What are employee assistance programs (EAP)?

The EAP includes professional guidance from psychologists and counsellors, and can also include peer counselling, where police officers are trained to support others.

 

Learning Objective: 03-06 Recognize the stresses related to police work.

 

 

 

True / False Questions

69.                (p. 55-56)The RCMP provides contract policing services in Ontario.
FALSE

The Ontario Provincial Police polices Ontario.

 

Learning Objective: 03-02 Identify the organization of policing in Canada.

70.                (p. 59)All police powers, whether they are statute law or common law, are subject to the constitutional protection of the Charter.
TRUE

 

Learning Objective: 03-03 Identify the legislation that governs police in Canada.

71.                (p. 65)Foot patrols can be engaged to support a proactive, problem-solving strategy where community relations are improved in an effort to prevent crime.
TRUE

 

Learning Objective: 03-03 Identify the legislation that governs police in Canada.

72.                (p. 68)Police officers experience more stress from operational issues than organizational issues.
FALSE

 

Learning Objective: 03-06 Recognize the stresses related to police work.

 

 

73.                (p. 68)Some research has suggested that a lifetime of shift work may contribute to the onset of health problems such as high blood pressure, diabetes, anxiety, depression, and sleep disorders.
TRUE

 

Learning Objective: 03-06 Recognize the stresses related to police work.

74.                (p. 63)When the police attend an emergency call, this is considered proactive policing.
FALSE

Reactive policing

 

Learning Objective: 03-04 Describe the role and function of policing.

75.                (p. 63)Police officers engage in both proactive and reactive policing.
TRUE

 

Learning Objective: 03-04 Describe the role and function of policing.

76.                (p. 62)The organizational structure of policing services can be described as pseudo-military.
FALSE

Paramilitary

 

Learning Objective: 03-04 Describe the role and function of policing.

77.                (p. 62)The Crown attorney is the most visible player within the criminal justice system.
FALSE

Police

 

Learning Objective: 03-04 Describe the role and function of policing.

 

 

78.                (p. 62)The clearance rate (the rate at which cases are solved) is similar when comparing real life cases to television portrayals.
FALSE

Television shows have a much higher clearance rate.

 

Learning Objective: 03-04 Describe the role and function of policing.

79.                (p. 59)Federal statutory legislation that governs police activity across Canada includes the Youth Criminal Justice Act.
TRUE

 

Learning Objective: 03-03 Identify the legislation that governs police in Canada.

 

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.