CRIM 241 Chapter Notes - Chapter 4: Restorative Justice
27 Apr 2018
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Crim 241:
Chapter 4 – Sentencing: Beginning the Corrections Process
Introduction
- 75% of Canadians view sentencing as lenient
The Purpose and Principles of Sentencing
- S. 718: sets out the purpose and principles of sentencing.
o 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
The Goals of Sentencing: The Cases of Mr. Smith and Mr. Jones
- 3 primary goals of sentencing:
o utilitarian, retributive and restorative.
Utilitarian Goals
- Focus on future conducts, individuals that may commit similar crimes. Protect society by
o Discouraging potential Mr. Smiths and Mr. Jones from crime (general
deterrence)
o Discouraging them from doing it again (specific deterrence)
o By addressing the reasons why, they did it (rehabilitation
o By keeping them in jail to protect society (incapacitation)
Retributive Goals
- Focus on past rather than future
o To express societies disapproval of their behaviour and to validate the existing
laws (denunciation)
o To make them pay for their offences based on the philosophy of an eye for an
eye (retribution)
Restorative Goals
- Most idely used approah iti-offeder reoiliatio progras, irle seteig
and family group conferencing.
- Restorative believes that their crime that only injures them but communities.
- SEXUAL ASSUALT is 10 years in prison
Sentencing Options
- Concurrent Sentencing: Sentences that are amalgamated and served simultaneously
- Consecutive Sentences: Sentences that run separately and are completed one after
another.
- Intermittent Sentence: A setee that is sered o a part-tie asis, geerally on
weekends.
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Chapter 4 sentencing: beginning the corrections process. 75% of canadians view sentencing as lenient. The goals of sentencing: the cases of mr. smith and mr. jones. 3 primary goals of sentencing: utilitarian, retributive and restorative. Focus on future conducts, individuals that may commit similar crimes. Most (cid:449)idely used approa(cid:272)h (cid:862)(cid:448)i(cid:272)ti(cid:373)-offe(cid:374)der re(cid:272)o(cid:374)(cid:272)iliatio(cid:374) progra(cid:373)s,(cid:863) (cid:272)ir(cid:272)le se(cid:374)te(cid:374)(cid:272)i(cid:374)g and family group conferencing. Restorative believes that their crime that only injures them but communities. Sexual assualt is 10 years in prison. Concurrent sentencing: sentences that are amalgamated and served simultaneously. Consecutive sentences: sentences that run separately and are completed one after another. Intermittent sentence: a se(cid:374)te(cid:374)(cid:272)e that is ser(cid:448)ed o(cid:374) a (cid:862)part-ti(cid:373)e(cid:863) (cid:271)asis, ge(cid:374)erally on weekends. Criminal code says all sentences have to be concurrent unless trail judge specifies. S. 718 (2) is for sentencing aboriginal offenders and to reduce overrepresentation in a correctional institution.
