control philosophy +criminal justice policy (lec 3)

Question 1

What is notable about the deterrence PHILOSOPHY

Answer 1

oldest of all the philosophies

Question 2

In respect to deterrence, what is the goal of the criminal justice system?

Answer 2

prevent future crimes by those apprehended and broader society

Question 3

What is specific deterrence? General deterrence?

Answer 3

Specific: deterring specific individual who is apprehended (jail)

General: deterring broader society (ex. those thinking about
committing a crime)

Question 4

What important concepts did Cesare Beccaria bring forth? Including about sentences and punishment?

Answer 4

• due process

-sentences reflect harm done to state+victim

-punishment: quick, certain, contain degree of deterrence

Question 5

What important concepts did Jeremy Bentham bring forth? Including responsibility of legislators, what the CJS should do with respect to suspects and cases, as well as his belief about crime.

Answer 5

-legislators: calculate amount of punishment needed to punish and prevent crime

-CJS should: -catch suspects w/ certainty
-process cases fast +efficient
-appropriate punishment

-Belief: rationality, free will (ppl choose to do crime)

Question 6

What is the goal of the deterrence model? What does it focus on protecting? The assumption about crime?

Answer 6

-prevent future crime

-protection of society, not rights of defendants

-assumption: ppl carefully calculate risks+rewards of an action

Question 7

What is the main goal of the Justice model? What is the assumption about crime?

Answer 7

-proportionate punishment

-assumption: direct link b/w seriousness of crime and severity of punishment

Question 8

What is significant with respect to the justice model? And, what was a major contribution of it?

Answer 8

-due process rights guaranteed for accused

-supports creating+increase of alternative sanctions(alts to jail)

Question 9

What did the justice model look to eliminate? What’s the solution?

Answer 9

eliminate control/discretion

solution: fairness and equity

Question 10

What is the main goal of selective incapacitation?

Answer 10

-separate high- risk from low-risk offenders

-incarcerate for long time; those most likely to be dangerous after release

Question 11

What is the belief of selective incapacitation? What is the focus then, based on the belief?

Answer 11

belief: if person dangerous in the past, they’ll be dangerous in future

therefore focus: dangerous+repeat offenders

Question 12

What is a critism of selective incapacitation?

Answer 12

can’t predict future criminal behaviour

Question 13

What is the belief of the rehabilitation model? Stance on discretion? What is the focus then?

Answer 13

belief: source of crime is outside individual’s control

argues for enhanced discretion

focus: individual treatment vs punishment

Question 14

With respect to rehab model, what should sanctions do? How long to ppl stay in them?

Answer 14

sanctions must: meet needs of offender instead of societal harm

ppl in prison as long as it takes to “cure” (indeterminate sentences)

Question 15

What is the outlook on crime with respect to restorative justice?

Answer 15

all things interrelated and crime disrupts the harmony that existed prior to its occurrence

Question 16

What is the focus of restorative justice? What should sanctions do? What are some examples of sanctions in restorative justice?

Answer 16

-addressing harm, NOT guilt and punishment

-sanctions: -represent multiple interests (victim, public,
community)

                 -informal, community focused, alts to jail

Question 17

if any, what can be used as punishment in the restorative model?

Answer 17

-offenders conscious and significant others

-used for deterrence and punishment thru shame

Question 18

What is the shared principle among restorative+ indigenous systems? With respect to what government must do and relationships

Answer 18

Government must;
-give up control over society’s response to crime
-stop being only regulator of those most affected by crime (offender and victim)

-relationship b/w victim +offender restored thru process of participation

Question 19

Indigenous systems often USE restorative justice, but how do the two differ?

Answer 19

History of colonization means more importance on:

-indigenous traditions+culture
-Elders and Leaders

Question 20

What is the focus of Indigenous systems?

Answer 20

resolution+healing and restoration of social harmony