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CRIM 2652 Study Guide - Midterm Guide: Homicide, World Forum For Harmonization Of Vehicle Regulations, Innocence ProjectPremium

7 pages67 viewsFall 2016

Department
Criminology
Course Code
CRIM 2652
Professor
annapratt
Study Guide
Midterm

This preview shows pages 1-2. to view the full 7 pages of the document.
FEB 2: SENTENCING
-sentencing / funnel = cases fall out + original charges
laid are dropped
-sentencing / net = targeted populations become
overrepresented!
-1996 reforms = prison to be used as a last resort
-prison punishment nexus: when we think of punishment, we think of prisons
-studies: limits + counter-productive effects of prison as punishment
-lack of consistency + few official rules to guide sentencing by judges
-sentencing: (1) must be legal, (2) imposed by judge, (3) can only follow a criminal conviction
-nature + duration is decided at the sentencing stage
-3 questions of the sentencing process!
-1) in + out decision — sanctions community or
custodial based?
-2) type of sanctions — specific
-3) quantum of scale — length of sentence !
-2 phases !
-1) justifying punishment — identifying reasons + goals of it
-2) choosing the sanction — proportionality !
-s 718 — lays out the purpose of sentencing to guide sentencing discretion
-718.1 — fundamental principle
-sentence must be proportionate to the gravity of offence + degree of responsibility of offender
-718.2 — other sentencing principles (aggravating factors, motivation, consistency)
-ex. sentences should be least restrictive (d) + prison should be used as a last resort (e)
-2 rationales of sentencing
4 rationales!
-retribution (+
denunciation)
-deterrence (specific +
general)
-incapacitation
-rehabilitation !
1) retribution + denunciation
-“just desert”: severity of offence + degree of responsibility of offender
-concerns about lack of justice associated w extreme retribution
-focus not only on offence/harm/severity, but also on moral culpability/responsibility
-denunciation aimed @ community as education to be gained from the sentence
-critique
-approach focuses solely on past offence — not offender, risk of re, mitigating, etc
-no punishment for future objectives
-not justifying punishment by the fact that crime wont be committed as in prison
-transfers discretion from judges to parliament
-standardized sentences limit (vs. eliminate) discretion
BACKWARD LOOKING RATIONALES
-retributive justice
-focus on past
-retribution + blameworthiness
-NI4NI - get what you deserve - vs. arm + leg
-proportionality + society denunciation
FORWARD LOOKING RATIONALES
-retorative justice — utilitarian + consequentialist
-focus on future
-denunciation — educating others about undesirability
-rehabilitation
-incapacitation - unable to commit more crime
!1
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2) deterrence!
-future oriented — focus on safe society -specific or general — ex. exemplary sentence !
-critiques
-rational choice — assumes crime = choice + free will maximizing pleasure
-certainty (in effectiveness) vs. penalty — little evidence it works 100% + for who/what?
3) incapacitation !
-focus on community safety
-separation of the offender from community
-ex. taking license away, impounding car, death
penalty, prison, etc!
-critiques
-costly ($ + social)
-$ taken away from crime reducing programs
-more time in prison = less engagement after — no job, community, support, etc
-effects of producing a future criminal
-criminogenic — crimes happen in prison 2
-prediction
-incapacitation based on assessment of their future
-underpins D.Offender legislation where someone can be a DO based on past incidents + future
predictions
4) rehabilitation
-medical model based — diagnosis needed
-restore offender to community as law abiding citizen
-focus on offender vs. offence
-critique
-paradoxical
-rehabilitation must fix
-ex. attending anger management classes assumes criminality is caused by inability to control emotions —
doesn't take other factors into account
-rehab sentence can be longer + more harsh
-incarceration (good behaviour, parole) vs. treatment (not leaving til fixed)
-hard to measure
-can be more punitive — ex. AA meetings for a chronic drinker
-challenges !
-how to match objective with sanction
-formal and informal knowledge
-sentencing disparities + discrimination !
FEB 9: PRISONS + RESTORATIVE ALTERNATIVES
-restorative sentencing process involve victims, offender, community, etc
-s 718 (a) - to provide reparation for harm done to victims or to the community
-s 718(b) - to promote a sense of responsibility in offenders + acknowledgement of the harm done to the victim +
community
Rise of Restorative Initiatives since 1970s
-most law enforcement agencies have a restorative justice unit
-due to public’s disillusionment with the effectiveness of the CJS —
-esp. by victims
!2
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