CRM 3319 Lecture Notes - Lecture 6: Circular Reasoning, Restorative Justice, Instrumentalism
27 Sep 2016
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Note the historical movement away from the use of corporal punishment, transportation, capital punishment; Standard range of maximum sentences (of imprisonment): 6 months, 2 years, 5, 7, 10, 14, life. C-41"s biggest contribution was the enactment of a statement of purpose and principles it has become understood as mandating a reduction in the use of imprisonment and the encouragement of restorative justice principles (especially for aboriginal peoples) Reprisal for harm inflicted upon oneself: retribution objective, reasoned, measured. The punishment properly reflects the moral culpability of the offender. Utilitarian theories: consequentialist or utilitarian justifications are based on the assumed benefit that the sentence will produce for society . Communicative theories: communicative theories: punishment as public denunciation, censure, condemnation, however, these theories have very significant practical limitations in terms of guiding the sentencing judge as to type and quantum of sentence. The concepts of proportionality and restraint (among other considerations) provide some limits. It is important to distinguish between retribution and vengeance.
