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PSYC39H3 (177)


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David Nussbaum

PSYC39: Psychology and Law Lecture 5 –Linking Theories to Practice (Chapter 4) Monday, October 15, 2012 Changing Criminal Behaviour  Costs and rewards of crime as key factors in behaviour  Punishment vs. rehabilitative approaches  Importance of empirical research to inform responses and programming Purposes of Sentencing  S. 718 of the Criminal Code: o Respect for the law and maintenance of a just, peaceful, safe society o Denunciation of unlawful conduct o Removal of offenders from society o Rehabilitation of offenders o Reparation to victims o Promotion of responsibility in offenders Means of Reducing Criminal Behaviour  Imposition of sanctions  Specific deterrence  General deterrence  Is commission of crimes influenced by punishment and deterrence? Influence of Punishment and Deterrence on Commission of Crimes  Punishment vs rehabilitation extremes  Sentencing objectives: retribution, incapacitation, deterrence  Effectiveness of deterrence relates to: certainly, celerity, severity, scope Effectiveness of Deterrence  Kershaw (1999), Lloyd et al. (1994): no difference between custody and community penalties with respect to reconviction rates  Martin (1993): no effect of fines vs short jail sentences on the rate of drinking and driving  MacKenzie, Wilson, Kider (2001): no effect of punisher smarter (application of enhanced punishers) on reducing criminal behaviour  Hood (2002): no effect of death penalty on frequency of capital crimes What’s Wrong with Those Studies?  Are criminals with equivalent risks given equivalent sentences? The Canadian Picture  Reduction of police-reported crime from 1981 to 2007  Decrease in the overall rate of juveniles & adults charged  Decrease in the rate of incarceration  Situation is generally better than in other countries Restorative Justice  Emphasis on healing  Attending to needs of both victims and offenders  Voluntary participation of the victim, the offender, members of the community  Offenders must recognize the harm they have caused and accept responsibility Restorative Justice: Values  Encounter  Amends  Reintegration  Inclusion Restorative Justice Approaches  Victim-offender mediation  Victim assistance  Ex-offender assistance  Restitution  Community service Does Restorative Justice Work?  Indices of success: o (1) victim satisfaction o (2) offender satisfaction o (3) restitution
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