lec 7 Sentences and Dispositions Flashcards
“all the traditional elements of Sentencing
(3)
-sanction must be legal
-must be imposed by a judge
-it can follow a criminal conviction
Disposition
Actual sanction imposed after sentencing
(e.g., a sentence of 5 years)
Sentences can mean..?
(6 pts)
-fine
-probation
-community service
-imprisonment
-intermittent sentence
-recognizance to keep the peace
what is a split sentence?
judge may combine punishments
eg. a fine and probation can be combined
Deterrence
Prevention of crime through fear of punishment
Oldest of four main sentencing options
Deterrence
When people say that sentencing has a deterrent effect, they are usually referring to two types of deterrence:
Specific deterrence and General deterrence
What is Selective Incapacitation? What is the goal of it? What does selective incapacitation look like for high-risk offenders?
-restricting offenders’ freedom to prevent them from committing more crimes while incarcerated
-goal: reduce crime by imprisoning individuals based on their past offenses
High-risk offenders may receive long prison sentences
Rehabilitation
treat offenders’ social and psychological problems aiming to return them to law-abiding citizens
Justice Model? what can affect sentences? How do prior convictions play a role?
-Punishment proportional to the crime committed
-may receive different sentences due to mitigating or aggravating factors
-all individuals with the same number of prior convictions and the same crime should receive equal punishment
The justice model differs from the deterrence and incapacitation approaches in that it
(2pts)
(1) focuses on an offender’s past behaviour as the rationale for sentencing rather than on their future criminality and the protection of society
(2) believes that sentences, while determinate, should be shorter rather than longer
Specific Deterrence
Prevention is aimed at individual offenders
-attempts to discourage recidivating thru punishment
General Deterrence
Prevention aimed at society at large
-a sentence that is severe enough to stop people from committing crimes
what does the concept of Healing encompass? (3) Justice as healing focuses on..?
encompasses restorative justice, reintegration of victims and offenders, and equitable processes to resolve conflicts
focuses on equitable ceremonies and resolving conflicts with more than substantive rules
Sentencing circles provide the offender, the victim, and the community with the opportunity to start the healing process. The Native Law Centre (2006) identifies various options available to sentencing circles, including these: (8pts)
-Peer counselling.
-Community service work.
-Mediation.
-Indigenous spiritual activities such as sweat lodges and forgiveness/ sacrifice ceremonies.
-Indigenous cultural activities, such as powwows.
-Talking and healing circles.
-Curfew rules and regulations respecting residency.
-“Western” sentences, such as fines, incarceration, probation, house arrest, and electronic monitoring (usually for six months).
what is the aim of Restoration? what are the sentence preferences?
-aims to repair the harm caused by a crime by setting conditions for restoring as much harm as possible
-wide range of sentences at lower limits
-fines, community service, compensation, reconciliation, and apologies over imprisonment for many crimes.
According to White and Haines (2002), the restoration approach encompasses the following elements:
(5 pts)
-Parsimony: authorities must be able to justify the sentences handed out.
-Control: regulation of individuals who hold authority
-Reprobation: place offenders in positions where they can experience community disapproval
-Reintegration of offenders back into society.
-sentences shorter than those imposed under incapacitation model
Mandatory Minimum Sentence
Minimum time offenders must serve in prison.
Determinate Sentence
Fixed incarceration period set by law.
Sentencing Circles
Community-based approach involving Elders and judges.
Community Sentencing Options
Alternatives to incarceration for minor offenses.
Conditional Discharge
Release with conditions, supervised like probation.
Absolute Discharge
Release without supervision or conditions.
Victim Impact Statement
Victim’s account of crime impact for sentencing.
