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Why punish- jan 31- 2013.docx

4 Pages

Social Science
Course Code
SOSC 2652
Anna Pratt

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Why punish? - How we approach and understand sentencing has a lot to do with what we think of the criminal justice system - Whether we think or it as a funnel or net - Over incarceration in Canada and the prison punishment nexus: - Sentencing is an area that has the least support in popular opinion - Most Canada believes sentences are too linent, this underestimates the severity of sentences that are handed down by the Canadian court. - Over reliance on prisons are punishment speaks to prison punishment nexus what means there is a taken for granted thinking the prison are the primary sanctions for first resort - Nexus is incredible resilient, people have questioned the high cost of prisons and the ineffectiveness of prisons - Yet we continue to have this connection - When we think of punishment we think of prisons - Canada remains top five nations for incarceration - Canada really isn’t very linent, when it comes to incarceration - Yet people still think we need to be tougher, one of the reasons why is because the politics of crime control - This is fuelled by offenders who reoffend on parole or bail - The reason why those storys are news worthy are because they expections most people not reoffend - Sentencing is one of the more media friendly part of the criminal justice process - Even trails are not interesting for journalist - Sentencing aspect of the process is particularly media friendly - Sentencing is a complex stage, Canadian may be correct in a sense that there is a lack of consistency and complexicty in sentencing - Judges have a huge amount of discretion - Sentencing must be legal and done by a judge - CCC sets max and min sentences - In a great majority of cases judges rely on their own judgement - They may draw from their expeoricne, converstion with other judges, their own beliefs - It falls largely to their discreation - Sentencing process - Nature and duration of punishment is done at the sentencing stage - 3 main questions - In and out deicison- community base sentence of cusotidal - Type of sanction- - Quantum of sanction - 2 ohaes - Justifying punishment- why punish ? - Choosing of the sanction- what kind of sentence fulfills the ration - Purpose of sentencing - Last two give expression to restorative aims - 718.1- proportionality of a sentencing is dervide by the gravity of offence or the degree to which the offender is responsible of the crime - 781.2- migrating and aggrativing circumstances, whether it was relating to hate for a race - Includes sentences should be the least restrictive and prison should be the last resort - Incarceration is suppose to be the last resort - Rationales of sentencing - Backward-looking: (retributive) – eye for an eye- focus on getting back at the person for the crime they have committed in the past. Punishment does not care of think about the future consequences - Entire focus is not the past and not on the offender but offense that took place in the past - Offender is blame worthy, and that the punishment should fit the crime - It does not mean get tougher and have harder punishment - It was actually a call for moderate punishment (no more than a eye for an eye) - Concept that embodies a concern to limit and make the punishment porpotinate - Denunciation, punishment is an expression of society disapproval of the crime that occurred at the time - Also entails the idea that you can have exemplary sentences (a harsh sentence) - Forward looking: restorative justice, idea that the hope is to rehabilitate the offender so that person does not offend in the future. Deterrence’s, punishment is justified because it will prevent a crime in the future by deterring the same individuals or other - Key is main focus is not on the crime committed in the past but what can occur and to prevent crime from occurring in the future - R.V (JJ) - Looked at prior offence- backward looking - General deterrence- forward looking - Fit sentence- backward looking/forward looking - Needs and requirement of young offenders- forward looking (rehabilitation) - Community service options- forward- looking (rehab) - Open custody- forward looking (rehabilitating young offender) - Rationales review: tradition rationales - Retribution and denunciations- guided by the principle of dessert meaning that if you are going to punish retribution its because the defended deserve its- punshiment should fit the crime - Focuses solely on the past offence, no foucs on preventing crime, rehabilitating the offenders - If you were to follow this to its extreme, you would have many pre determined sentences for set crime. - Little discreation
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