Control Philosophy And Ciminal Justice Policy Flashcards
Punitive models
The justice model
Deterrence
Selective incapacitation
Rehabilitation
The justice model
Guided by the ideals of justice, fairness, and the need to protect human rights and dignity
Punishment should fit the offence not the criminal
Rights of the accused must be protected (due process)
Alternative sanctions for minor offences
Eliminate discretion
Deterrence
A classical theory Central , prevent future crimes Social contract Uniform punishment Torture must be eliminated Punishment must fit the crime The felicific calculus Swiftness (celerity), certainty and severity
Selective incapacitation
Separate high risk offenders from low risk ones
3 strikes legislations
Originated in James Q wilsons “thinking about crime”
Rehabilitation
People do not choose to perpetrate
Focus is to treat the criminal
Evidence of success is in rates of recidivism
Discretion is deemed an effective tool in reducing crime
Reintegration
Aboriginal justice
Contains the belief that central governments must relinquish their monopoly over the criminal justice system
sentencing circles are important to eliminate the hierarchy of justice
The relationship between victims, offenders and society needs to be restored
Aboriginal justice part 2
- Free, voluntary, with informed consent
- Offenders must take responsibility for their crimes and victims must agrees on the facts of the case
- May have legal advice and can withdraw
- Guilt may not be used as evidence in later proceedings
- Failure to reach and agreement should not be used in future proceedings to have harsher sentences
- The consequences of failing to Honor an agreement should be stated
Rehabilitation
People do not choose to perpetrate
Focus is to treat the criminal
Evidence of success is in rates of recidivism
Discretion is deemed an effective tool in reducing crime
Reintegration
Key components
- problem solving and restoration of peace
- restitution and reconciliation
- community involvement
- holistic healing approach
- conformity removes the stigma of crime
- remorse, repentance and forgiveness are important
Aboriginal Court
- The first aboriginal court system opened in October 200 in the T’suu T’ina Nation.
- It has jurisdiction over summary conviction offences and hybrid offences (elected to be tried as summary conviction offences)
Restorative Justice
- Restorative Justice is a philosophy of Justice that suggests an offenders conscience and significant others can deter and punish crime more effectively than existing programs.
- Braithwaite (1989) argues that shaming can be reintegrative as it is in Japan.
Alternative Sanctions
When a convicted person is allowed to serve part or all of the punishment in the community
Determinate Sentencing approach
Judges are required to follow sentencing guide lines
Positive Sanctions
Rewards
Negative Sanctions
Punishment
