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SOC 371 Sept 17.doc

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Philip Goodman

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SOC371 Sept 17 th Rationales for/of Punishment - retributive o the oldest form o the notion that a crime is an offence against a victim and that it tips the scales – does a wrong and the victim’s position is lesser – they lose something o punishment is defined to restore the harm done to the victim  ex. an eye for an eye - utilitarianism (deterrence incapacitation, rehabilitation) o sentence should be fair – proportion o instead of focusing on the offence, there should be some future outcome that should be the focus o deterrent – reduce future crime, by that person and by others  calls for punishment that scares or deters others  doesn’t work that well o dangerous offender law – keep the community safer o rehabilitation – the focus is on the offender, not the offence  goal is to ‘fix’ them  we need to know criminals, know why they do what they do - restorative justice o blends utilitarianism and deterrence o bring people together – advocates, community, offender etc. to decide on a suitable punishment  doing something to repair the harm but also try to help the community - proportionality (von Hirsch) Punishment for Slug - retributive o beat him up – olden times o put him away – he loses certain rights and liberty – beating im down figuratively o notion of fairness - rehabilitative o anger management classes – to eliminate his behaviour ie. anger - deterrence o 3 strikes rule – if by the 3 time he is locked up for a long time, people would be less likely to commit the same offence as him repeatedly Almost Always a Blend… - Canada o 1984 Canada Sentencing Commission – by 1996 Parliament adopts model that blends utilitarian and retributive rationales, proportionally explicit  more recently, courts upheld some mandatory minimums (even when judge thinks unfair, not proportionate  today The Punitive Turn(?) in Canada and the U.S. - in 2011, Tim Hudak proposes to return to chain gangs - ‘Sheriff Joe’ – Maricopa County Understanding the Past and Present – Foucault’s Discipline and Punish - from an execution to a timetable o progress? humanitarian reform? o punishing the body to punishing the mind o how can we use this framework to understand Canada today?
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