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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 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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