CRIM 2652 Lecture Notes - Lecture 5: Conditional Sentence, Suspended Sentence, Medical Model
24 Jul 2020
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In canada: we imprison more people than most other western democracies. Sentencing process: 3 main questions, 2 phases. Why punish?": rationales of sentencing, backward-looking (retributive) rationales more an eye for an eye, forward-looking (utilitarian/consequentialist) rationales. Nasser case (an exemplary sentence to prove that the cjs won"t stand for this) Forward-looking rationales: concern with the future benefits/utilitarian, denunciation to educate society to stop this offence, rehabilitation to treat, deterrence (specific/general) Incapacitation to keep the offender in prison. Rationales: retribution (and denunciation, deterrence (specific; general) Just deserts: focus on severity of offence + degree of responsibility. taking a parent away from their child. It doesn"t look at different factors as to why the offender committed the crime: transfers discretion from judges to parliament. Deterrence: focus on safe society; future oriented - goal is to achieve a safer society, specific or general (e. g. exemplary sentence) general - people see the punishment, thus won"t do it.
