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SOC 327 > Ch. 8 - Sentencing Philosophies > Flashcards

Ch. 8 - Sentencing Philosophies Flashcards

1
Q

What are the sentencing philosophies?

A

Deterrence, selective incapacitation, rehabilitation, retribution, restorative justice.

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2
Q

What is the major point and focus of deterrence?

A

It’s about sending a message and focuses on instilling fear of getting caught.

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3
Q

According to those who support deterrence, it should be…

A

Swift, certain, and severe.

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4
Q

What is the key to determining the severity of the deterrent punishment?

A

The cost of the punishment must outweigh the benefits of the crime.

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5
Q

What is the difference between general and specific punishment?

A

General punishment deters everyone else by making an examples of others. Specific punishment is done to deter the individual offender from offending again.

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6
Q

What does the deterrence philosophy assume?

A

Rational thought and a capacity for reflection, which is not necessarily warranted.

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7
Q

Is the assumption from the deterrence philosophy accurate?

A

Not always, crimes may be done in the heat of the moment or out of sheer desperation.

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8
Q

Criminals tend to be optimists/pessimists/realists?

A

Optimists. They never think they’ll be caught, convicted, sentenced, etc.

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9
Q

Does deterrence have any effect on crime rates?

A

There is little effect on first-time offenders or repeat offenders.

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10
Q

What is selective incapacitation about?

A

Controlling people.

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11
Q

What is the rationale behind selective incapacitation?

A

Protects society and prevents offenders from doing further harm.

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12
Q

What is generally done today for selective incapacitation?

A

Incarceration in prison.

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13
Q

What was done in the past to selectively incapacitate people?

A

They would ship them off to different countries and parts of the world.

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14
Q

What are some of the earliest forms of selective incapacitation?

A

Mutilation and amputation (e.g., cutting of thieves’ hands).

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15
Q

What is a new form of selective incapacitation?

A

Electronic monitoring.

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16
Q

If deterrence is about punishment, then selective incapacitation is about what?

A

Restraint.

17
Q

What is a hotly debated form of selective incapacitation today?

A

Chemical castration for sex offenders.

18
Q

What is rehabilitation all about?

A

Changing people.

19
Q

Why is the term “rehabilitation” a bit of a misnomer?

A

Because with criminal justice, it’s more about habilitation than rehabilitation.

20
Q

What does rehabilitation often involve?

A

Training and education and/or treatment and therapy.

21
Q

How did the rehabilitation model come about?

A

As crime and deviance became more medicalized.

22
Q

What most impacts the effectiveness of rehabilitation?

A

The availability and quality of programs.

23
Q

What is the negative feedback loop of rehabilitation?

A

Whenever rehab doesn’t work, then people assume it doesn’t work and don’t fund it so it actually can work.

24
Q

What is retribution all about?

A

Getting even.

25
Q

How does retribution differ from other philosophies of punishment?

A

Other philosophies focus on preventing future offences, retribution focuses exclusively on the past offences.

26
Q

If the goal of retribution is not deterrence, what is it?

A

Satisfaction.

27
Q

What is restorative justice all about?

A

Healing and repairing harms.

28
Q

What errors in our current system does restorative justice attempt to fix?

A

The current system tends to marginalize victims, seeing crimes as an offence against the state.

29
Q

Where does the impetus of restorative justice come from?

A

Empirical evidence showing that criminal justice sanctions have little impact on recidivism.

30
Q

What are victim impact statements?

A

An opportunity for victims have to address the court directly about how they have been impacted.

31
Q

What three factors should sentences reflect?

A

The seriousness of the offence, the responsibility of the offender (moral culpability), and aggravating/mitigating factors.

32
Q

What are the principles of sentencing?

A

Consistency, should not be unduly harsh, imprisonment should not be used unnecessarily.

33
Q

What has judicial discretion resulted in?

A

Sentencing disparity.

34
Q

What has been implemented to decrease sentencing disparity?

A

The implementation of mandatory minimum sentences.

SOC 327 (19 decks)

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