CRIM 2652 Lecture Notes - Lecture 6: Rational Choice Theory, Restorative Justice, Adversarial System

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16 Aug 2016
The authors look at due process and crime control model in different ways
-the adjudication of crime follows a very unique process:
1) adversarial system (truth will emerge from the criminal process..the authors call this the
battle mode of solving crimes)
page 51 (bottom): the authors bring up Packer’s text explicitly..they introduce a new, alternative
concept: family law
-they take Packer’s concept and extend it..the family law
-this is the sociological understanding of crime and criminal justice
-they take a practical concept from ordinary life and lived experience and looks at the
rehabilitation of offenders in a very different light..would you teach your child right from wrong in
the same way we teach offenders? NO
-what mediates and mitigates against harsh punishment inside a family?
^-they introduce this concept of love; parents love their teach and seek to teach their child
-they do not engage in morally repugnant behaviour
-punishment inside the family occurs within a framework of forgiveness because the parent and
the child still live with each other
-people cannot just excuse themselves from their parental obligations (being taken from them
by the state is an exception)
-if you cannot imagine a state of affairs in which a child does something so bad that they cannot
be forgiven, it would have to be pretty extreme
-parents of serious offenders still seek for their child to be rehabilitated and fulfill their duties as
-this notion of the family model moves us beyond traditional notions of punishment, which are
retribution, denunciation, and incapacitation
-the challenge that the authors raise is what is an alternative to these processes?
-^-they come up with restorative justice
-one of the things that they point out in this article that is very different from many of the things
was said in Packer’s text is that they make the case that certain values that are built into
criminal procedures in the system as we understand it today-efficiency, notions of loss-that
these are not the values that should be central to a properly-operating criminal justice system
-much of the criticism is trying to find ways to transcend the dominance of and preoccupation
with efficiency and minimizing loss
-(page 49) the authors also problematize as well some of the central notions around forms of
punishment like incapacitation..
-the two concepts that they’re most critical of are:
1) the medicalization (medical model); this notion that one can approach crime in a manner
that’s analogous to medical problems-through isolation, incapacitation, hospitalization,
etc..they ask the important question: is incapacitation an appropriate measure in all
instances? they problematize that notion
2) the notion of risk: they compare the actuarialism and risk..this is a criticism of the crime
control approach..(page 56)
-when one thinks about the dominant models of crime prevention, what are the most popular
models in public policy sectors in crime model? CEPTED, target hardening, CCTV, surveillance,
broken windows, crime prevention through the hyper policing of low-level forms of crime
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