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CRIM 2652 (37)
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2652 final exam review package

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York University
CRIM 2652
Anna Pratt

1CRIM 2652 Test 3 Review PackageMain Topics Covered this termThe Courts why we punish sentencingCorrections how we punish prisoners rights limits of punishment Current Issues in CJS the view from the bench Gladue and Aboriginal justice mental healthPART 1 THE COURTS 4WHY DO WE PUNISHLecture Jan 23Canadas incarceration rate is high relative to most western European countries SentencingThe judicial determination of a legal sanction to be imposed on a person found guilty of an offence Canadian Sentencing Commission 1987 Sentencing process3 main questions Inout decisionType of sanctionQuantum of sanction2 phasesJustifying punishmentChoosing the sanctionPurpose of Sentencing718 The fundamental purpose of sentencing is to contribute along with crime prevention initiatives to respect for the law and the maintenance of a just peaceful and safe society by imposing just sanctions that have one or more of the following objectivesato denounce unlawful conductato deter the offender and other persons from committing offencesato separate offenders from society where necessaryato assist in rehabilitating offendersato provide reparation for harm done to victims or to the community andato promote a sense of responsibility in offenders and acknowledgement of the harm done to the victim and the community Fundamental Principle of sentencinga7181 A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender Least restrictives 7182 d an offender should not be deprived of liberty if less restrictive sanctions may be appropriate in the circumstances2Prison as last resorts7182e all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders with particular attention to the circumstances of aboriginal offenders Rationales of SentencingBackwardLooking Retributive RationalesoFocus on the pastoRetributionoBlameworthinessoEye for an eyeoProportionalityoMost closely associated with vengeanceoDenunciation ForwardLooking UtilitarianConsequentialist RationalesConcern with the future benefitsconsequencesutility of punishmentPrevent or reduce crime in the futureRehabilitationIncapacitationDeterrence specific and generalDenunciationRetribution and DenunciationDesertproportionalitylex talionis an eye for an eye focus only on past offence not offender not future objectivesjust deserts severity of offenceresponsibility of offender proportionalityDenunciation Critique does not take circumstancesdifferencefuture offending into accounttransfers discretion Deterrence specific generalFocus on safe society future orientedSpecific or General eg exemplary sentenceCritiquesAssumes rational actorsDeterrent effect from certainty not penalty IncapacitationFocus on safety of communityCritiquescosts financial and social3criminogenicpredictionRehabilitationRestore offender to communityMedical approach to crimeFocus on offender more than offence Critiqueparadoxicaldifficult to measurecan be more punitive Challenges in SentencingHow to match objective with sanctionFormal and informal knowledgeSentencing disparities REQUIRED READINGThe Courts IV Why do we Punish Griffiths Ch8 SentencingPURPOSESPRINCIPLES OF SENTENCINGsee p 213 also lecture Jan 17Section 718 of Criminal CodeGOALS OF SENTENCING3 Main Groups of Sentencing Goals1Utilitarian Goalsfocus on the future conduct of the offenderdesigned to protect public from future crimes may involvegeneral deterrence discouraging potential offenders from committing a crimespecific deterrence discouraging the offender from committing the crime againrehabilitation curing the offender of what made them commit the crimeincapacitation keeping the offender in jail to protect society by preventing them from committing a crime1Retributive Goalsfocus on the past conduct of the offender key concept of retributive goals is proportionalitythat the punishment be proportionate to the offence committed offenders degree of responsibilitymay involve denunciation an expression of societys disapproval of the offenders behaviourretribution making the offender pay for their actionseye for an eye approach
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