Chapter 3

Question 1

What are the main Crime control philosophies?

Answer 1

The justice Model, The deterrence Model, The Selective Incarceration Model, the Rehabilitation approach

Question 2

What is the essential factor of the Justice Model?

Answer 2

The essential factor is to punish offenders - fairly and with justice - through lengths of confinement proportionate to the gravity of their crimes

Question 3

What are some of the alternative sanctions that the justice model support?

Answer 3

Advocates for alternative sanctions like serving the community when dealing with minor offenses

Question 4

What doctrine does the Justice model firmly believe in?

Answer 4

The presumption of innocence

Question 5

In the Justice model if if one confesses to an officer that they are guilty, are they immediately considered so?

Answer 5

No, even if they are factually guilty, they are still presumed innocent until proven legally guilty

Question 6

What are some of the goals within Criminal Justice Operations?

Answer 6

• Aims to eliminate or control discretion
• Focuses on the legal rights of the accused and fairness and equity
• Role of the police is important

Question 7

The justice model does not advocate for Discretion in the CJS, instead it advocates for?

Answer 7

Supporters of he justice model argue that to eliminate problems of discretion, it should be replaced by determinate sentencing

Question 8

Who were the two people who originally advocated for the deterence model?

Answer 8

Cesare Beccaria and Jeremy Bentham Both argued that the Goal of the Criminal justice system should be to prevent future crimes by individuals who have already been caught (general deterrence)

Question 9

What is specific Deterrence?

Answer 9

Largely based on the idea that individual wrongdoers realize the pain of punishment outweighs the benefits of pleasures of offending

Question 10

What were some of the elements of Deterrence that Beccaria advocated for in “on crimes and punishment”

Answer 10

• Proportionality: sentences reflect the hard done to the state and the victim
• Punishment must replace torture

Question 11

What were some of the elements of Deterrence that Bentham argued for?

Answer 11

• Positive and negative sanctions
• Should allow for capture with certainty, process as speedy, punish those convicted
• Based on the beliefs that all people are rational and possess free will

Question 12

The deterrent model assumes that people participate in an action only after considering what?

Answer 12

The risks and benefits of said action

Question 13

What are the assumptions of criminal sanctions in the deterrence model?

Answer 13

Assumes a relationship between certainty, severity, and swiftness of punishment (all combined in order to maximize the deterrent effect

Question 14

What is the main goal of the Selective incarceration model?

Answer 14

Policies attempt to separate high-risk offenders from low-risk ones and to incarcerate for a long time those who are most likely to be dangerous once released

Question 15

What forms of incarceration does the Selective incarceration model favour?

Answer 15

Harsher punishments and policies such as mandatory prison sentences as well as extended prison sentences to keep the public safe

Question 16

What individuals does the Selective incarceration model favour?

Answer 16

Chronic, career, or repeat offenders

Question 17

What are some aspects of the operations of the Selective incarceration model?

Answer 17

• Resources for handling high-risk offenders
• Elimination of plea bargaining and judicial discretion
• Abolition of Parole

Question 18

What is the main goal of the Rehabilitation Approach?

Answer 18

Punishment is able to reduce the amount of crime by improving offenders in a way that makes them less likely to commit crimes in the future

Question 19

What is the doctrine of determinism?

Answer 19

Crime is a result of factors outside the control of the individual and deny that individuals are responsible for their actions

Question 20

What is the philosophy of the rehabilitation model in regards to criminal sanction?

Answer 20

Once we understand what causes criminal behaviour, society will be able to apply appropriate sanctions.

Question 21

What is the main goal of Restorative Justice?

Answer 21

It attempts to restore or repair relations between offenders, victims, and the community

Question 22

What is Reintegrative shaming?

Answer 22

A system of justice based on the idea that it is better to shame some offenders than to try to punish them within the formal criminal justice system

Question 23

What is disintegrative shaming?

Answer 23

Stigmatizes and exclude individuals, creating a ‘class of outcasts’

Question 24

What kind of sanctions does the restorative justice system use?

Answer 24

Informal sanctions - reparations, public exposure, apology penalties

Question 25

What are the two objectives of restorative justice sanctions?

Answer 25

Reparations and reintegrative shaming

Question 26

How does aboriginal restorative justice systems differ from restorative justice systems?

Answer 26

Differing worldviews - Canadian system has failed aboriginals

Western criminal justice system ‘cannot help’ but discriminate against aboriginals

Question 27

What are some of the models of justice systems in aboriginal restorative justice?

Answer 27

• Focus on reparations for crime or injury
• Attempt to restore the peace and equilibrium
• Incorporates different goals (problem solving, community as a facilitator, defendant must express remorse)

Question 28

What are the four rules of Aboriginal community life?

Answer 28

• Ethic of non-interference
• Rule of non-competitiveness
• Emotional Restraint
• Sharing