AHSS 1160 Lecture Notes - Lecture 5: Murder 2, Mandatory Sentencing, Exculpatory Evidence
31 Jul 2018
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Document Summary
Differentiate among the major philosophical rationales of sentencing. Differentiate between the two most recent rationales of sentencing. Distinguish between the sentence and the disposition . Identify the reasons behind alternatives to traditional forms of sentencing. Identify why mandatory minimum sentences were introduced, and the impact on gun-related crimes. Explain why victim impact statements were introduced and identify their impact. Judicial determination of a legal sanction imposed on a person convicted of a crime: disposition. The actual legal sanction (or sentence) imposed: split sentence. Philosophical rationales of sentencing: 6 basic goals of sentencing, deterrence. Goal is prevention of future criminal acts. Pain of punishment must outweigh gain from offence. Balance between fear and justice: selective incapacitation. Goal is prevention of crime via the removal or restriction of freedom of offenders. Goal is to correct offender to prevent future crimes. Wide variety of program and treatment options. Match program with offender needs: justice model. Severity of crime matches severity of sentence.
