SOC371H5 Lecture Notes - Dangerous Offender, Solitary Confinement, Restorative Justice

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Published on 8 Oct 2012
School
UTM
Department
Sociology
Course
SOC371H5
SOC371
Sept 17th
Rationales for/of Punishment
- retributive
othe oldest form
othe 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
opunishment is defined to restore the harm done to the victim
ex. an eye for an eye
- utilitarianism (deterrence incapacitation, rehabilitation)
osentence should be fair – proportion
oinstead of focusing on the offence, there should be some future outcome that
should be the focus
odeterrent – reduce future crime, by that person and by others
calls for punishment that scares or deters others
doesn’t work that well
odangerous offender law – keep the community safer
orehabilitation – 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
oblends utilitarianism and deterrence
obring 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
obeat him up – olden times
oput him away – he loses certain rights and liberty – beating im down figuratively
onotion of fairness
- rehabilitative
oanger management classes – to eliminate his behaviour ie. anger
- deterrence
o3 strikes rule – if by the 3rd 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
o1984 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
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