LWSO 201 Lecture Notes - Dangerous Offender, Religious Vows, Predicable

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Law and Social Control – Punishment
1) Law as Social Control
a) Internalization
b) External Pressures
i) Informal
ii) formal
2) Basic ideas re: Punishment as social control
a) Crime as a public wrong
b) Public process
c) Punishment inflicted by the group against a group member
d) Intentional imposition of pain, suffering, or consequences designed to achieve a
desired result and justified by that result
3) Goals of Punishment in general:
a) Retribution/social retaliation
b) Incapacitation
c) Deterrent
4) Canadian Criminal Code Principles of Sentencing :
a) S. 718 – the sentence must be proportionate to eh gravity of the offence and to the
degree of responsibility of the offender which is accomplished by looking at the
following:
b) Denunciation
c) Specific deterrence
d) General deterrence
e) Incapacitation
f) Rehabilitation
g) Reparation to the individual or community
5) Types of sentences:
a) Sentences that do not result in a criminal record – alternative measures, absolute
and conditional discharges
b) Sentences that result in a criminal record – fines, probation, jail terms
c) Aggravating and mitigating circumstances
6) The Death Penalty
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a) Issue: how do we as a society morally justify killing someone because of wrong-
doing?
b) Possible justifications:
i) Deterrent
ii) Retribution
iii) incapacitation
2) Issues: race and gender aspects as they relate to both the victim and the offender as well as
class issues
Litigants
• parties involved in the lawsuit
• people who have the legal dispute
• civil law suit (plaintiff complaining against the defendant), criminal (crown complaining
against the accused or defendant, if found guilty - offendent)
• criminal case - party that is not the litigant = victim - you're not a litigant
• the crown's job is to act on behalf of society as a whole
• 1 - is there a reasonable likely hood of conviction and 2 - is it in the public interest to process
(victim interest and broader social issues and circumstances of offender/crime)
• victim often thinks crown represents them and that's not the case - they represent society as a
whole
• if you are the victim of a crime you can sue them in a civil court case (privite individual suing
another private individual) - charged criminally - acquitted on the criminal side - glove did not fit
• the family sued him civilly and won (it's more likely than not that this accured)
Judges
• two key things: judicial activism and judicial independence
• judge's job is to administer that courtroom - how the court room is run
• in charge of adjudicative process
• judges 1 - make sure the process is fair and efficient (by following the rules of court and follow
rules of fairness) 2 - assess evidence - credibility and value (credibility - how truthful do they
seem to be - gut:knowing how to read people - do they contradict themselves?)
• sometimes the lawyers can point out - weight of evidence
• weight of evidence - how much importance it's going to have (someone who saw it and another
who just heard the noise two blocks away)
• 3 thing he does - determine the facts of the case (often in dispute - one party says it was green
and the other says it's red - need to choose what the fact was)
• sometimes they submit a paper with agreed facts on it - this way a judge won't have to decide
• 4 - determine the applicable law
• come to a decision
• if plead guilty - you don't need to have a trial and it would go to sentencing in front of a judge
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Document Summary

Law and social control punishment: law as social control a) b) Informal: basic ideas re: punishment as social control a) b) c) d) Punishment inflicted by the group against a group member. Intentional imposition of pain, suffering, or consequences designed to achieve a desired result and justified by that result: goals of punishment in general: a) b) c) Reparation to the individual or community: types of sentences: a) b) c) Sentences that do not result in a criminal record alternative measures, absolute and conditional discharges. Sentences that result in a criminal record fines, probation, jail terms. Aggravating and mitigating circumstances: the death penalty a) b) Issues: race and gender aspects as they relate to both the victim and the offender as well as class issues. Law and social control: methods used by members of society to maintain order and promote predictability of behaviour, basic definition, two processes of social control: internalization.

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