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John Rempel (125)

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John Rempel

Nov 16th Class experiment My sentencing: compensation and secure centre for 6 months Group sentencing: imprisonment for at least 6 months Lecture: - There are inconsistencies in sentencing option and that’s difficult when it comes to being fair. - Judicial system tries to be consistent therefore there needs to be an order of sorts - In groups, people change their original sentencing options but some do it although they don’t agree with it – including some judges - Precedence reduces the alternatives available (lacks sort of flexibility) - There’s pressure on judges to conform to the group decisions - There are 4 places to look that affect people’s decision making: 1. Decision maker – judge or jury People’s goals in decision making/sentencing:  Retribution – revenge (eye for an eye)  Denunciation – “we as a society want to send a message to others who plan on doing this to show how bad it is”  Deterrence – can be both for that person to teach them not to do it again or to denounce others so they don’t think they can do it and get away with it.  Incapacitation – prisons (especially maximum security), prevent the person from going out and doing it again  Reparation – to repair, pay back. – Someone has to pay back. Fines – pay back the state. Restitution – pay back the victim/court costs.  Rehabilitation – someone who was a criminal is changed so they wont commit the crime again - Some of these goals are not mutually exclusive. Ex:  Denunciation and deterrence  Incapacitation and deterrence - Motives are goal oriented, therefore values play a role  Retribution – power oriented – using your power to make the criminal know what it feels like  Denunciation – power oriented  Deterrence – has power component but also security component  Incapacitation – security – if I lock someone away, they can’t hurt anyone anymore  Reparation – hedonism (idea of I want you to pay me back and maybe more), universalism (we want justice and equality for everyone)- what you took, you must pay back  Rehabilitation – universalism – m
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