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J - SOC 327 Lecture (2/2) > Chapter 16: Selected Issues in Criminal Justice > Flashcards

Chapter 16: Selected Issues in Criminal Justice Flashcards

1
Q

What is retributive justice?

A

What is dictated by law, the law should be applied fairly and equally to everyone. Technical orientation to law.

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2
Q

What is retributive justice also known as?

A

Legal justice.

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3
Q

What is restorative justice also known as?

A

Social justice?

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4
Q

What is restorative justice?

A

Focuses not on the violation of law, but on what is socially and morally just.

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5
Q

Restorative justice looks at how the ___ resulted from the crime can be made right.

A

Harms.

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6
Q

What are the principles behind restorative justice?

A
  • Everyone is responsible, and has responsibility.
  • Informal community mechanisms to deal with problems.
  • Victims are central to restorative justice.
  • Crime is an injury, a hard (not just the violation of some abstract law).
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7
Q

What are some approaches to restorative justice?

A

Victim-offender mediation, restitution programs, elder panels, sentencing circles.

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8
Q

What are some approaches to restorative justice?

A

Victim-offender mediation, restitution programs, elder panels, sentencing circles.

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9
Q

List some benefits to restorative justice.

A
  • Broader view of justice.
  • Victims are central to the process.
  • Participation of the accused.
  • Monopoly of professionals is reduced.
  • Takes advantage of resources in the community.
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10
Q

What are some limitations to restorative justice?

A
  • People must agree to participate.
  • Overall lack of support for restorative justice initiatives.
  • Standardization is encouraged over creativity.
  • Seen as soft on crime.
  • Large investment in time and resources.
  • Individual failure is used as indictment of entire approach.
  • Social justice and inequality makes it difficult to achieve goals.
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11
Q

Why is restorative justice a bit of a misnomer?

A

There is nothing to restore them to, we want to transform them into something new. Closer to transformative justice.

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12
Q

What document outlines victim’s rights in Canada?

A

Canadian Statement of Basic Principles of Justice for Victims of Crime.

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13
Q

Victims in Canada have very ___ rights.

A

Few. There are some provisions here and there, but they are not extensive and they do not provide support that is needed for victims.

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14
Q

What is the key principle identified in the Canadian Statement of Basic Principles of Justice for Victims of Crime?

A

Information is provided.

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15
Q

What is the key principle identified in the Canadian Statement of Basic Principles of Justice for Victims of Crime?

A

Information is provided.

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16
Q

What is identified as the biggest problem that is identified by crime victims?

A

Lack of information.

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17
Q

___ ___ ___ are enshrined in law.

A

Victim Impact Statement.

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18
Q

Judges are required by law to allow victims to prepare and provide to court…

A

A statement to the court.

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19
Q

Can Victim Impact Statements make sentencing recommendations?

A

No.

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20
Q

What can Victim Impact Statements talk about?

A

How they have been affected beyond the charges laid, Can talk about issues that they were prevented from talking about when put up on the stand.

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21
Q

What can Victim Impact Statements talk about?

A

How they have been affected beyond the charges laid, Can talk about issues that they were prevented from talking about when put up on the stand.

22
Q

Less than __% provide a Victim Impact Statement.

A

20.

23
Q

CCRA requires that victims be given access to certain information about…

A

The offender.

24
Q

Victims can participate in ___ ___ hearings.

A

Conditional release.

25
Q

Capital punishment is based on the idea that people should lose their lives, and should also…

A

Suffer in the process.

26
Q

Where does capital punishment find its roots?

A
  • Stoning in Biblical Israel.
  • Ancient Greeks forcing prisoners to drink hemlock.
  • Romans beheaded people or threw them to lions. If convicted of treason, drawn, hung, and quartered.
27
Q

By the 18th Century, more sophisticated techniques came about. What were some?

A

Guillotine, hanging, electrocution, and lethal injection.

28
Q

How many states have the death penalty?

A

32.

29
Q

Who kills the largest number of people by capital punishment?

A

Texas.

30
Q

Who kills the largest number of people per capita by capital punishment?

A

Oklahoma.

31
Q

When was capital punishment used in Canada?

A

In the 17th and 18th Centuries.

32
Q

When was the death penalty abolished in Canada?

A

1976.

33
Q

Who fought for the abolishment of the death penalty in Canada?

A

Politicians.

34
Q

Can Canadians be executed in other countries?

A

Yes.

35
Q

What is the situation of the death penalty between Canada and the U.S.?

A

Canada can refuse extradition, unless the state assures Canada that the death penalty will not be imposed.

36
Q

What do retentionists say about capital punishment?

A
  • Death is the only real proportionate punishment for murder.
  • General deterrence.
  • More humane than a life sentence.
  • Cost effective.
  • Protects against reoffending.
37
Q

What do abolitionists say about capital punishment?

A
  • Human life is sacred.
  • No evidence that it serves as any sort of deterrent.
  • To suggest it is more humane than life in prison is tenuous.
  • There is no cost-effectiveness associated with the death penalty.
  • No hope of rehabilitating someone if you opt for the death penalty.
  • Injury to the CJS.
  • Wrongful convictions.
  • Race and class bias.
38
Q

When capital punishment is used, society is lowering itself to…

A

The level of the murderer.

39
Q

Why is the claim that capital punishment is more humane than life in prison tenuous?

A

You can never empirically show it.

40
Q

Is the death penalty cost-effective?

A

No, people stay on death row for many years, and each capital punishment takes about 3-5 million dollars.

41
Q

Some research shows higher murder rates in states with…

A

The death penalty.

42
Q

Some research shows higher murder rates in states with…

A

The death penalty.

43
Q

Where is the race and class bias in terms of those who are convicted of capital crimes?

A

Those who are sentenced to death are overwhelmingly from lower socioeconomic groups and minority races, especially if they killed someone of majority status.

44
Q

What is the estimated rate for wrongful convictions?

A

20%.

45
Q

Why do wrongful convictions occur?

A
  • Eyewitness error.
  • Erroneous forensic evidence.
  • False confessions.
  • Use of jailhouse informants.
  • Professional and institutional misconduct.
  • Race and class bias.
46
Q

What are some problems with eyewitness error?

A
  • Problems with perception and memory.

- Issue of how witnesses genuinely want to help, and may claim something they did not actually see.

47
Q

Erroneous forensic evidence can be ___ or ___.

A

Inadvertent or intentional.

48
Q

What is an example of professional misconduct?

A

When someone suppresses or misinterprets or overlooks or manufactures evidence.

49
Q

What is an example of institutional misconduct?

A

Intensive pressure to solve high pressure cases, making it more likely to engage in misconduct or make mistakes.

50
Q

How does race or class bias affect wrongful convictions?

A

Wrongful convictions are seen more among minority groups and among those of lower socioeconomic standing.

51
Q

What are some factors implicated in wrongful convictions?

A
  • Loss of freedom.
  • Impact on identity.
  • Difficulties presented by resistance.
  • Impact on families.
  • Impact on society/system.

J - SOC 327 Lecture (2/2) (13 decks)

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