Textbook Notes (368,799)
Canada (162,168)
Sociology (1,513)
SOC346H5 (14)
Chapter 1

Chapter 1:Introduction.docx

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Nicole Myers

Chapter 1: Introduction  Sentencing is an essential element of the criminal justice process  Different forms of punishment have historical roots linking them to cultural and political environments from which they have derived o Helps explain longevity of some usual forms of punishment and explains process of change  Sentencing needs to be understood as pragmatic aspect of ongoing philosophical and political debate about punishment, sanctions and relations between citizens and state Scope of the Criminal Law  Organized communities require normative structure which includes set of rules to protect things considered most valuable to community and its survival  Modern general of these rules known as penal codes or criminal codes  Some codes deal with substance (including statements about responsibility, incapacity, justifications, and excuses)  Others deal with procedures such as investigation and arrest, structure of adjudicative and penal regimes  2 common characteristics of modern codes: o Contain descriptions of offences and statements of prescribed punishments o **Crime and punishment  some criminal statements have moral tone but area of criminal law within a social structure not congruent with conceptions of morality o an instrumental rule that derives from political character of jurisdiction o its role has been described by Turner: “in fact, criminal offences are basically the creation of the criminal policy adopted from time to time by those sections of the community who are powerful or astute enough to safeguard their own security and comfort by causing the sovereign power in the state to repress conduct which they feel may endanger their position”  explains variability of criminal law over time and political nature of its changes  basic components of criminal law: policy, state power and represent  no reference to moral legitimacy or justification  if articulation of criminal law expresses what community chooses to protect, the enforcement of criminal law provides st
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