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CRIM Justice Notes

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SOCL 3371
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Sentencing and the CourtsSentencing is the imposition of a penalty on a person convicted of a crimeJudges usually make sentencing decisionsSentencing the OffenderGoalsPhilosophy 5 objectives oRetribution need for vengeance Give them what they deserve A call for punishment based on the perceived need for vengeance The earliest know rationale for punishment Early punishments were often immediate and often extreme and are issued without trial Death and exile very commonly imposed punishments for relatively minor infractions Baze v Rees Supreme Court decision that stated that method of lethal injection was not a method of cruel and unusual punishment This is the most recent death penalty rulingmoratorium Important It is still in the forefront thinking of sentencing Since we cannot torture incarceration is the most pain we can inflict There is a public desire to make jail and prison as uncomfortable as possible oDeterrence crime reduction through punishment The criminal justice system prevents people from committing crime through punishment Has a better effect of instrumental crimes than expressive crimes oRehabilitation fundament changes in offenders Seek to bring about changes in the choices and behavior of the offenders The ultimate goal is a reduction in the number of people that visit prison Functions through education and psychological treatment in a effort to reduce future criminality Makes it easier for an offender to reenter society Operates on the premise that someone commits a crime because of a defect of character or situation This practice has lost present public support because there was little decrease in the revisit rates Some people are picking the process back up oIncapacitation separating the offender from society gross vs selective To protect innocent members of society from offenders Lock them up so they cant hurt anyone else In ancient times mutilation and amputation were more extreme forms of punishment Sometimes called the lock em up approach Forms the modern basis for the movement towards prison warehousing oRestoration attempt to restore the victim of crime Very new Victims have a lot more rights today The objective involves inviting the victim into the criminal justice process and sometimes even receive financial compensation to restore some of the loss of the victimization Victims funds are usually held for people who cant get themselves back to where they were before the victimization Victims are now alerted as to when the offender is being released from prison Types of Sentences oProbation substitute for incarceration Places the offender in the community under the supervision of a probation officer Must meet certain rules Employment Drug testing
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