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