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Chapter

LS202 Chapter Notes -Eye For An Eye, Life Imprisonment, Dangerous Offender


Department
Legal Studies
Course Code
LS202
Professor
Frances Chapman

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Sentencing
Sunday, March 31, 2013
2:35 PM
History
Banishment (expulsion from a country)
Gaols (prison)
Corporal punishment (punishment physically inflicted on the body such as whipping)
Pillory (a wooden frame that an offender must stand behind with the heads and hands in holes)
Branding (public embarrassment)
Penitentiary (federal facility operated by the correctional service for detaining prisoners)
Kinston Penitentiary (opened in 1835)
Sentencing Principles
Retribution: punishment based on the idea that every crime needs payment in the form of
punishment
o "Just Deserts"
o Lex talionis: an eye for an eye; the principle of retribution to seek punishment for offenders
just as the victim has been hurt
o Proportionality
Cruel and unusual punishment
defined by the courts as punishment that is grossly inappropriate to the crime
Principles of Sentencing
Purpose of sentencing
o Denounce unlawful conduct
Educative function
Supports societal values
Suspended sentences: the person does not serve time in prison but rather in the
community
r.v. Fields
o To deter the offenders from committing offences (specific and general)
General: harsh sentences aimed to deter other potential offenders
Specific: aimed to deter that specific offender from re-offending
Offenders are rational
Calculate the risk
Most offenders not think they will be caught
Most offenders do not know sentences
R. v. Ramage: custodial sentence (threat to society because they have committed a
serious offence)
o To separate offenders from society: imprisonment
Recidivism
Less than 30 days= time spent at a local detention center
Less than 2 years = serve time in a provincial correctional facility
2 years plus a day= serve time in a federal facility
Concurrently (at the same time)/consecutively (one sentence after the other)
Pre-trial
Dangerous offender (may be indefinitely kept in a federal prison)
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