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Wepoption - lecture 05

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David Nussbaum

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Lecture 05 Linking Theories to Practice How to we change criminal behaviour $ 64 000 Qs in Criminal justice system Look at : 1) cost & rewards of crime as key factor in behaviour this assume that people are rational decision makers based on what is going to have the most positive outcomes o But this not really how people behave this fundamental error in classical utilartarian economics because rationalist believe that you could predict human economic behaviour in terms of objective analysis of cost & reward of a purchase 2) punishment vs. rehabilitative approaches in western punishment is incarceration v 3) importance of empirical research to inform responses & programming the overview that whatever approach is going to employ to limit criminal behaviour has to be empirically evaluated to keep doing it or not Purpose of Sentencing Least from Canadian perspective section 718 of the criminal code says: o 1) respect for law & maintenance of a just, peaceful, safe society so if people were to commit crime & no consequence (in Greece o Canada Vancouver) think why cant I do whatever I like because there is no consequence deamination or lack of respect for law & result in likelihood of having peaceful society is diminished o 2) Denunciation of unlawful conduct Sentencing sent a clear message that unlawful conduct is not okay (so its criticized) o 3) Removal of offenders from society That will help maintain of safety of society & because this person has & maybe will continue engage in criminal behaviour safer society o 4) Rehabilitation of offenders This is really important it marks the forward thinking of CSC becauwse CSC for last 30 years put emphasis on this Idea is that aside from people serving life sentence people will be back out into society after completing their sentence Qs who do want to let out: someone who is worse than came in because the prison environment To do this must assess offenders risk comes from about this o 4) Reparation to victims To compensate to victims w/ all focus on offender & what about victims here is more than strictly sentencing for e.g. fines or compensation e.g. damaging someones house - part of sentence contain momentary compensation for loss & hurt o 5) Promotion of responsibility in offenders That not really all different from rehabilitation as people become more responsible that aids in rehabilitation process Means of Reducing Criminal Behaviour Impose sanctions from death peanlaty , physical , incarceration , fines to community sentencing have 2 foci: o 1) focus on specific deterrence sanction is meant 1 meant to deter particular offender from further crime o 2) focus on General deterrence - want the learn from offenders (e.g. neibour who assault someone) & what happens to them thus, this will deter criminal behaviour of others For public at large to use sanctions/ consequence in their cost benefit analysis in determining whether to do the criminal behaviour at large to discourage public from committing crime All of this based on the thinking that commission of crimes is influenced by the punishments & deterrence is it true or not? Influence of Punishment & Deterrence on Commission of Crimes Think about punishment vs. rehabilitation extremes o extreme punishment is death sentence o extreme rehabilitation where attempts have been made rehabilitate individuals who are really hard to rehabilitate (for e.g. commit crime due to brain damage in parts of frontal lobes that help them control behaviour) o another instance rehabilitation of extreme if some try to rehabilitate an individual who is very clear psychopaths w/ no conscience ( no empirical evidence that you could do this successfully) other people who believe in punishment w/ different sentencing objectives they primarily focus on retribution ( if you done something bad you should be punished), incapacitation (lock someone they dont have capacity to inflict further harm on society, & deterrence ( you & other will deter from committing further or future crime) Punishment & vicarious inhibitions extend to which punishment of others or onto oneself is effective relates to: o Certainly how certain that evil act will be met w/ punishment e.g. live in state where only 10% of criminals are caught punishment wont be effective cause odds that they will caught is low o Celerity the soonest after crime where punishment is delivered --> slap on wrist right away is easy to recognize the negative consequences experienced is direct result of wrong decision you made w/ late mind doesnt really associate consequence w/ crime (esp. w/ death penalty since it takes a while & maybe these people went through successful rehabilitationo Scope is how broad ranging it is so if sanction will disrupt more of someones life it will be more of deterrence than only if it disrupt small part of their life o Severity Effectiveness of Deterrence Looking at empirical studies Kershaw (1999) & Lloyd et al. (1994) found that there were no difference b/w custody (incarcerated in penitentiary) & community penalties w/ respect to reconviction (recidivism) rates o What wrong w/ these studies & many of the earlier studies they have not really taken into account what the risk level for people who are in custodial or community stream because it is very possible that the folks in custodial (higher risk so longer sentence so they can be incapacitated) whether people in community channel (lower risk) Have to control for risk level for both stream if not have equilvent reconviction rate for both stream is misleading Study by Martin (1993) found that there no difference b/w people receiving short jail sentence or fines in terms of whether they were convicted for drinking & driving in terms future decrease in frequency of drinking & driving MacKenzie, Wilson, Kider (2001) showed if you added punisher (in experimental studies) application of enhance punisher (punish smarter) is no more effect than a non-en
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