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PSYC 2400 > Lecture 8 > Flashcards

Lecture 8 Flashcards

1
Q

Sentencing

A

Judicial determination of a legal sanction upon a person convicted of an offence

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2
Q

3 types of Canadian courts

A
  • Provincial
  • Federal
  • Military
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3
Q

Aboriginal overrepresentation

A
  • Refers to disproportionate number of aboriginals involved in the criminal justice system
  • 3% Canadian population but 18% of adults admitted into remand
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4
Q

Aboriginal courts

A
  • Established for special consideration could be given to background factors of aboriginal offenders
  • One goal to reduce aboriginal overrepresentation
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5
Q

Goals of sentencing

A
  • Specific deterrence (already offenders)
  • General deterrence (potential offenders)
  • Denounce unlawful conduct
  • Separate offenders from society
  • Assist in rehabilitating offenders
  • Provide reparations for harm done
  • Promote responsibility in offenders
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6
Q

Principles in sentencing

A
  • Sentence must be proportionate to gravity of offence
  • Sentence must be proportionate to responsibility of offender
  • Sentence should not deprive offender of liberty if at all possible
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7
Q

Judges must

A
  • Consider aggravating and mitigating factors
  • Use comparable sentences for similar offenders commiting similar crimes
  • Use alternatives to incarcerate if at all possible
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8
Q

Sentencing options

A
  • Absolute discharge
  • Reparation
  • Fines
  • Community service
  • Conditional sentences
  • Imprisonment
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9
Q

Are sentencing options effective?

A

Research shows that punishment based sentences does not reduce the probability of reoffending

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10
Q

Effect of punishment

A
  • Community based sanctions resulted in increased recidivism rates
  • Incarceration resulted in increased recidivism rates
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11
Q

Death penalty

A
  • Canada eliminated DP in 1976, 1998 for military offences

- 38 states permit the DP

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12
Q

Arguments against the death penalty

A
  • Does not act as deterrent
  • Expensive
  • Biased
  • Handed down to the innocent
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13
Q

Sentencing disparity

A

Variation in sentencing patterns due to the influence of factors that are not leagally relevant to the case

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14
Q

Unwarrented sentencing disparity

A
  • Results from reliance on extra-legal factors
  • Systemic factors (how lenient judges believe sentence should be)
  • Unsystemic factors (mood of judge on particular day)
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15
Q

Studying sentencing disparity

A
  • Simulation studies
  • Official sentencing statistics
  • Both methods clearly shows that sentencing disparity exists
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16
Q

Reducing sentencing disparity

A

Use sentencing guidelines

17
Q

Are the goals of sentencing achieved

A
  • Ongoing debate about deterrence and rehabilitation
  • Research does not support the effectiveness of get tough strategies to reduce crime
  • Correctional interventions that are based on core correctional principles show more promise
18
Q

Public’s attitude towards sentencing

A
  • Generally feel that offenders are treated more leniently
  • Generally doesn’t have a lot of conifidence in our criminal justice system
  • Generally support a range of alternative sentencing practices
19
Q

Principles of effective correctional intervention

A
  • Risk principle
  • Need principle
  • Responsivity principle
20
Q

Risk principle of effective correctional intervention

A
  • Criminal risk can be predicted

- Higher levels of service should be provided to higher risk cases

21
Q

Need principle of effective correctional intervention

A
  • Should target criminogenic needs

- Not non-criminogenic needs

22
Q

Responsovity principle of effective correctional intervetion

A
  • Delivering treatment programs in a style and mode that is matched to the ability and learning style of the offender
  • Match service to general responsivity and specific responsivity
23
Q

Parole involves

A
  • Conditional release into community
  • Rehabilitation
  • High degree of community supervision
  • Return to prison if conditions not met
24
Q

Types of parole

A
  • Temporary absence
  • Day parole
  • Full parole
  • Statutory release
25
Q

Conditions of parole

A
  • Regular reporting to parole officer
  • Abstain from drugs and alcohol
  • Remain in Canada
  • Obey law and keep peace
  • Do not own or possess weapon
26
Q

Parole decision making

A
  • Eligible for parole after first third of sentence or 7 years
  • Formal hearing between offender and parole board
  • Formal risk assessment
27
Q

Risk assessment

A
  • Statistical measures of risk to reoffend
  • Criminal history
  • Psychological and psychiatric reports
  • Performance on earlier releases
  • Information from victims
  • Instituational behaviour
  • Feasibility of release plans
28
Q

Effectiveness of parole

A
  • Less likely to breach conditions
  • Higher success rates
  • Statutory release unlikely to commit further crimes

PSYC 2400 (18 decks)

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