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Lecture 10

PSY328H5 Lecture 10: PSY328 - Lecture 10
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Department
Psychology
Course Code
PSY328H5
Professor
Dax U

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Lecture 10: Sentencing
Monday, January 29, 2018
4:10 PM
**Not a cumulative exam
Based on info after midterm
Plan for Today
o Sentencing
o Parole
o Cases
Plead guilty to B&E charge, stole stereo equipment - in Toronto
Worth approx $2,000 or so
1st offence
No prior arrest to this
FT job
Suggested that stole stereo equipment to provide food for wife + new-born child
Judge decides: 1 year community sentence
Probation w/ conditions
Vancouver
Charged w/ virtually same crime
B&E stolen for about same amount of money
1 yr in jail
Not same extraneous factors
o Wide sentencing disparity
Sentencing
o Armed robbery?
Violent crime
Difference between theft + B&E + robbery are whether or not the victim is present
Robbery = stealing from the person themselves
o Gun vs. knife?
Harder sentence for indivs w/ gun vs knife?
Consider person w/ gun more dangerous
Ex school shooting vs mass stabbings
Used more as a tool
As psychologist, someone who robs someone with gun is perhaps not as dangerous if
someone robbed with knife
Someone w/ knife
More confidence
More dangerous
Much more willing to use violence in perpetration of crime
More likely to be violent offender
More likely to engage + use the knife
Deadly weapon or the indiv w/ the weapon?
In sentencing it is the weapon, i.e. the gun
o Violent contact w/ victim vs. money handed right over
2 people hold someone up w/ gun
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Right away money given
Person to scared, gets pistoled whipped gets money and runs away
Sentence based upon on the actions of victim than perpetrator
Lesser sentence if victim just hands it over
Harsher sentence if victim fights back
o A bank vs. a convenience store
Longer sentence = can go either way
Bank
More time
Seen as more dangerous offender
But in many cases person robbing convenience store will be greater threat to society
Ex drug addict
Much more likely to perpetrate violence or recidivate
The Fundamental Principle
o Section 718 C.C.C. gives the fundamental principle -
The fundamental purpose of sentencing is to contribute to respect for the law and the
maintenance of a just, peaceful, and safe society by imposing sanctions on indivs who
commit crimes
Presence of the law is not the deterrent for when someone commits a crime
o "a sentence must be proportionate to the gravity of the offense and the degree of responsibility of
the offender"
The more severe offence = the more damage done = the longer/harsher the sentence
Less responsible you are for your behavior = the less your sentence should be
Principles of Sentencing
o Should be adjusted to account for aggravating or mitigating circumstances
Aggravating
The person started fight w/ you
Lost your job
Mitigating
Stealing to have money to feed children
Self-defence?
o Sentences should be similar for similar offenders committing similar offences under similar
circumstances
o Combined sentences should not be unduly harsh
Consecutive sentences
Each sentence get = jail time longer + longer
Ex Andersen, 225 years
Give concurrent sentences
Ex 3 sentences each of 25 years all served at one
Who determines if sentence is unduly harsh?
An appeal court
In the States where juries can be involved in sentencing, a judge could provide a
sentence more equitable (harsher or lighter)
o If reasonable, sanctions other than imprisonment should be considered for all offenders
Such as politics, media
Sentencing
o Armed robbery
4 yrs to life in prison
find more resources at oneclass.com
find more resources at oneclass.com
Supposed to take into account a lot of factors that the judge weighs as they see fit
Creates huge amount of disparity
Even for same crime + same situational circumstances
o 1st-degree murder
Minimum sentence (whatever circumstance) = min 25 years
Life sentence --> could sty in prison for life, but first opportunity for parole = 25 yrs
Premeditated, thought-out murder
o Breaking + entering
Average sentence = 3 months
Maximum = life in prison
o Sexual assault
Average sentence = 4 months
Proving sexual assault, given date rape = most common form, given that it is so
difficult, a lot of the cases don't make it + a lot get plea bargain to much lower
sentences
She said/he said in court so very difficult to convict
Even just reporting + charging --> person less likely to perpetrate act again
o Aggravated sexual assault
Victim has been beaten, physical force used beyond the sexual assault
Average = 2 years
Range of 4 - 14 years
o Manslaughter
Ex beat someone to death with hands, drinking + driving run someone over with car,
someone pushed me + I pushed back and hit head + died
Average = 5 years
Reasons for Sentencing
o General deterrence
Basic fear of punishment
Longer prison terms --> spend more time in jail
Don't' really rehabilitate person
Longer in = more institutionalized they become = harder for them to be a
benefiting member of society
Billions of dollars to house inmates
Canada has high incarceration rate:
129 people per 100,000
Does length of time of sentence stop person from committing crime?
General --> knowing if could get caught could stop people
But no real quantification of relation between length of sentence and deterrence from
crime
o Special deterrence
Ex scarred straight
Not very successful
Happens
Have rapist, put in jail = not going to rape again
WRONG: not committing rape outside jail --> will likely commit in jail
Put in prison + stop from committing crime
But can still commit crime in prison
Just bc lock someone up doesn't mean they aren't still going to be a danger
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Description
Lecture 10: Sentencing Monday, January 29, 2018 4:10 PM **Not a cumulative exam Based on info after midterm Plan for Today o Sentencing o Parole o Cases Plead guilty to B&E charge, stole stereo equipment - in Toronto Worth approx $2,000 or so 1st offence No prior arrest to this FT job Suggested that stole stereo equipment to provide food for wife + new-born child Judge decides: 1 year community sentence Probation w/ conditions Vancouver Charged w/ virtually same crime B&E stolen for about same amount of money 1 yr in jail Not same extraneous factors o Wide sentencing disparity Sentencing o Armed robbery? Violent crime Difference between theft + B&E + robbery are whether or not the victim is present Robbery = stealing from the person themselves o Gun vs. knife? Harder sentence for indivs w/ gun vs knife? Consider person w/ gun more dangerous Ex school shooting vs mass stabbings Used more as a tool As psychologist, someone who robs someone with gun is perhaps not as dangerous if someone robbed with knife Someone w/ knife More confidence More dangerous Much more willing to use violence in perpetration of crime More likely to be violent offender More likely to engage + use the knife Deadly weapon or the indiv w/ the weapon? In sentencing it is the weapon, i.e. the gun o Violent contact w/ victim vs. money handed right over 2 people hold someone up w/ gun Right away money given Person to scared, gets pistoled whipped gets money and runs away Sentence based upon on the actions of victim than perpetrator Lesser sentence if victim just hands it over Harsher sentence if victim fights back o A bank vs. a convenience store Longer sentence = can go either way Bank More time Seen as more dangerous offender But in many cases person robbing convenience store will be greater threat to society Ex drug addict Much more likely to perpetrate violence or recidivate The Fundamental Principle o Section 718 C.C.C. gives the fundamental principle - The fundamental purpose of sentencing is to contribute to respect for the law and the maintenance of a just, peaceful, and safe society by imposing sanctions on indivs who commit crimes Presence of the law is not the deterrent for when someone commits a crime o "a sentence must be proportionate to the gravity of the offense and the degree of responsibility of the offender" The more severe offence = the more damage done = the longer/harsher the sentence Less responsible you are for your behavior = the less your sentence should be Principles of Sentencing o Should be adjusted to account for aggravating or mitigating circumstances Aggravating The person started fight w/ you Lost your job Mitigating Stealing to have money to feed children Self-defence? o Sentences should be similar for similar offenders committing similar offences under similar circumstances o Combined sentences should not be unduly harsh Consecutive sentences Each sentence get = jail time longer + longer Ex Andersen, 225 years Give concurrent sentences Ex 3 sentences each of 25 years all served at one Who determines if sentence is unduly harsh? An appeal court In the States where juries can be involved in sentencing, a judge could provide a sentence more equitable (harsher or lighter) o If reasonable, sanctions other than imprisonment should be considered for all offenders Such as politics, media Sentencing o Armed robbery 4 yrs to life in prison Supposed to take into account a lot of factors that the judge weighs as they see fit Creates huge amount of disparity Even for same crime + same situational circumstances o 1st-degree murder Minimum sentence (whatever circumstance) = min 25 years Life sentence --> could sty in prison for life, but first opportunity for parole = 25 yrs Premeditated, thought-out murder o Breaking + entering Average sentence = 3 months Maximum = life in prison o Sexual assault Average sentence = 4 months Proving sexual assault, given date rape = most common form, given that it is so difficult, a lot of the cases don't make it + a lot get plea bargain to much lower sentences She said/he said in court so very difficult to convict Even just reporting + charging --> person less likely to perpetrate act again o Aggravated sexual assault Victim has been beaten, physical force used beyond the sexual assault Average = 2 years Range of 4 - 14 years o Manslaughter Ex beat someone to death with hands, drinking + driving run someone over with car, someone pushed m
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