Chapter 3 Flashcards

1
Q

What are the main Crime control philosophies?

A

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

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2
Q

What is the essential factor of the Justice Model?

A

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

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3
Q

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

A

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

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4
Q

What doctrine does the Justice model firmly believe in?

A

The presumption of innocence

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5
Q

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

A

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

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6
Q

What are some of the goals within Criminal Justice Operations?

A
  • Aims to eliminate or control discretion
  • Focuses on the legal rights of the accused and fairness and equity
  • Role of the police is important
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7
Q

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

A

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

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8
Q

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

A

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)

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9
Q

What is specific Deterrence?

A

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

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10
Q

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

A
  • Proportionality: sentences reflect the hard done to the state and the victim
  • Punishment must replace torture
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11
Q

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

A
  • 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
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12
Q

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

A

The risks and benefits of said action

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13
Q

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

A

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

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14
Q

What is the main goal of the Selective incarceration model?

A

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

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15
Q

What forms of incarceration does the Selective incarceration model favour?

A

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

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16
Q

What individuals does the Selective incarceration model favour?

A

Chronic, career, or repeat offenders

17
Q

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

A
  • Resources for handling high-risk offenders
  • Elimination of plea bargaining and judicial discretion
  • Abolition of Parole
18
Q

What is the main goal of the Rehabilitation Approach?

A

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

19
Q

What is the doctrine of determinism?

A

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

20
Q

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

A

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

21
Q

What is the main goal of Restorative Justice?

A

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

22
Q

What is Reintegrative shaming?

A

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

23
Q

What is disintegrative shaming?

A

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

24
Q

What kind of sanctions does the restorative justice system use?

A

Informal sanctions - reparations, public exposure, apology penalties

25
Q

What are the two objectives of restorative justice sanctions?

A

Reparations and reintegrative shaming

26
Q

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

A

Differing worldviews - Canadian system has failed aboriginals

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

27
Q

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

A
  • 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)
28
Q

What are the four rules of Aboriginal community life?

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