March 5th.docx

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Woodsworth College Courses
Scot Wortley

March 5 , 2012 Hidden Objective - Political gain: sentencing policies get tougher after each election because politicians who made these promises are more popular and they have to fulfill them after they are elected - Economic-profit: employment; private prison services (want more crime for profit while the public wants punishment for less crimes) - Most in prison are from the lower classes - Entertainment: public enjoy watching this punishment routine (interested in the spectacle of punishment) Sentencing Options - Absolute discharge: no sentence and no record of the conviction after guilty finding - Conditional discharge: you have a probationary period and have several conditions, if successfully completed, charges dropped and no criminal record - Suspended sentence: suspend the sentencing but if found guilty will be brought back - Conditional sentence: usually given to cases that in the past were usually given sentences and can be given special probation conditions (Ex. demand to go for rehabilitation), if failed to followsent back to prison Sentencing Issues - Sentencing disparity: people convicted of the same crime with the same criminal records receive very different sentencing  From the same judge: sometimes based on personal attributes of the accused  Judge to judge disparity: some judges are more liberal than others  Court to court disparity: courts between different cities, within province, between provinces (Quebec is more lenient while Alberta and Ontario are harsher) - Sentencing guidelines: range of sentence for a particular crime; judges criticizes these for taking away their discretionary power and limit their ability to take into account the aggravating and mitigating factors of each case - Mandatory minimum: also takes away judges’ discretionary pow
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