Chapter 6 & 7 Study Questions on Policing

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10 Dec 2010
1. What is the purpose of sentencing? List three objectives of its sanctions.
The purpose of sentencing is to maintain respect for the law and create a just and peaceful
society. Evidently there are sanctions in place which help to maintain this respect for the law,
hence they have objective which:
a. Denounce any unlawful conduct
b. Separate the offender from society
c. Assist in rehabilitating offenders.
2. Name four principles of sentencing
a. Principle One: sentencing is not intended to deprive the offender of their
liberty, instead if a less restrictive sanction exists then the offender should
be given that.
b. Principle Two: Similar crimes committed by similar offenders should have similar
c. Incarceration need be the last resort of a sanction
d. A Sentence should be proportionate to the gravity of the offence.
3. What are the three goals of sentencing
1. Goal One: Utilitarian Goal
- Focuses on the future of the offender, and tries to help reduce the
re-offending of the offender.
- Utilitarian goals tend to emphasize on general deterrence, specific deterrence,
and incapacitation.
2. Goal Two: Retributive Goals
- Retributive goals focuses on compensating the victim for the crime committed.
this goal focuses specifically upon PAST and not future conduct of the offender.
- In many ways it takes the stance of “an eye for an eye”
- Principle of proportionality plays a major role within retributive goals of
3. Goal Three: Rehabilitation Goals
- Does not emphasize on the sentence itself, but instead the process at which
a sentence is actually reached.
- Involves all parties to come up with a consensual sentence (victim, offender, ec
4. List and Explain three points about the fine option program
- Fine payments is a very common method used as a retributive sanction.
- Many have criticized the implementation of fines as a form of imprisioning the poor
due to the poor not being able to pay the fine; going into default and then prisio
- This is why a lot of aboriginal people are in prision
- The FINE OPTION PROGRAM- is implemented to help those who cannot pay their
fine. It enables them to work there fine off in the form of community service.
- Every hour worked is a credit towards there fine, up until a maximum of
two years.
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- Either the full fine can be paid using the fine option program , or part of the
5. What is a suspended sentence?
A suspended sentence is exactly the way it sounds; it is a offender who has been
convicted of their offence however there sentence has been suspended. With this, the
offender is enrolled within probation for a maximum of 3 years at which he/she has
requirements at which they must meet (eg: get a education, volunteer ect.), Typically if
the offender successfully completes these requirements then they are not sentenced to
incarceration. However If they do not; then they are sentenced to court and then jail.
6. Name who things which could affect a judges decision?
1. Personal attributestypically the personality of the judge, the region at which they
practice within, their sexual orientation, there gender, and other personal
characteristics play a major role in how a judge makes a decision.
eg: a female judge may be more lenient when it comes to
dealing with youth offender because they are children.
2. Outside External Groups—External organizations such as Women against drink driving
can play a crucial role within a judges decision—especially if they are apart of
these organizations.
7. Name Four limitations to a judges discretion
1. Statutory Guidelines
- A judge may refer to the criminal code in terms of guidance for a specific
decision. The principle found within statutory guidelines typically reflect that
of the principle of proportionately. However, some of the sanctions given within
statutority guidelines tend to set harsher punishments for specific crimes.
2. Maxmimum and Miniumum Sentences (MMS)
3.Appealate Decision
- A Judges decision can be appealed at the Court of Appeal.
4. Aggravating factors
- characteristics of a specific case could lead a judge to impose more
harsher sanctions then normally imposed In other cases
eg: If a case involves child abuse..
5. Mitigating Factors
- characteristics of a case could lead a judge to impose sanction which are more
lenient then normally expected, this could potentially be because the offender
has involved himself with plea bargaining.
- Evidently, judges have claimed that if a offender is remorseful for their actions
then this constitutes towards mitigating the case.
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