Lecture 9: Sentencing

Question 1

[5] Purposes of Sentencing

Answer 1

• Punishment: Make the person pay for their crime.
• Deterrence: Prevent the person (and others) from committing crimes.
• Protection: Remove dangerous people from society.
• Rehabilitation: Help people change & reintegrate into society.
• Accountability: Encourage people to take responsibility.

Question 2

Do Longer Sentences Reduce Crime? [2]

Answer 2

• Research shows longer sentences do not lower reoffending rates.
• People given shorter sentences reoffend less than those given long ones.

Question 3

Why don’t harsher punishments alone not work to reduce crime? [3]

Answer 3

• Many crimes are impulsive, not planned.
• Mental illness & substance use affect decision-making.
• Prison isolates people from positive influences.

Question 4

Capital Punishment (Death Penalty) [3]

Answer 4

• Used in some countries, but Canada abolished it.
• No evidence that it reduces crime.
• Murder rates are not lower in places with the death penalty.

Question 5

Restorative Justice (Alternative to Prison) [5]

Answer 5

• Focuses on healing rather than punishment.
• Brings together the victim, offender, and community.
• Offender must admit guilt and try to repair the harm.
• Often used for youth & non-violent crimes.
• Studies show lower reoffending rates after participation.

Question 6

What two crime categories are most frequently processed through adult criminal courts? [2]

Answer 6

• crimes against the person
• crimes against property

Question 7

What is the goal of the Gladue Principles (For Indigenous Sentencing) and the problem? [2]

Answer 7

• Goal: Reduce overrepresentation of Indigenous people in prison.
• Problem: Not used enough & some judges still give harsh sentences.

Question 8

What are the Gladue Principles? [2]

Answer 8

• set of legal principles in Canada that require judges to consider the unique circumstances of Indigenous offenders during sentencing
• Looks at factors like: residential schools, poverty, racism, family issues.

Question 9

Gladue Courts (Special Indigenous Courts) [3]

Answer 9

• Created to apply Gladue principles properly.
• Include Indigenous elders & translators.
• Focus on restorative justice instead of jail.

Question 10

What is the difference between aggravating and mitigating factors in sentencing? [2]

Answer 10

• Aggravating factors are elements of a crime that can increase sentence severity, such as violence or the use of a weapon.
• Mitigating factors are those that may decrease a sentence’s severity, such as the offender’s youth, remorse, or mental illness.

Question 11

Explain the “rational choice model” of crime, and how this theory relates to the effectiveness of punishment. [3]

Answer 11

• suggests that people weigh the pros and cons of committing a crime
• theory does not fully account for the “here and now” mindset or other factors like mental illness
• suggesting that punishment may not always deter individuals from crime

Question 12

[3] potential limitations or challenges of using restorative justice practices

Answer 12

• participation is voluntary, which can result in selection bias
• not available in all regions and may be inconsistently applied.
• restorative justice may not always be suitable for severe violent crimes.

Question 13

What is the best approach when sentencing? [1]

Answer 13

A balanced approach combining rehabilitation, restorative justice, and proportional sentencing.