Punishment

Question 1

What are pre-sentencing reports?

Answer 1

Reports created by probation officers, heavily relied on by judges when deciding the fate of the criminal. Used in 61% of all serious offences, found that judges use these recommendations in 80% of all these cases.

Question 2

What are some peoples ideas on punishment?

Answer 2

Many believe punishments aren’t harsh enough. US participants believe;
Punishing appropriately was the main goal of sentencing (53%)
Rehabilitation (21%)
Deterrence/Incapacitation (13%)
No offender can ever be rehabilitated (9%)

Question 3

What are the six rationales used for sentencing?

Answer 3

1) Deterrence
2) Selective Incapacitation
3) Rehabilitation
4) The justice model
5) Restoration
6) Healing

Question 4

What are mitigating and aggravating circumstances?

Answer 4

Mitigating- first-time offender, employment record, rehabilitative efforts since crime, disadvantaged background, guilty plea and remorse, prosecution time, good character
Aggravating-Previous convictios, gang activity, victim vulnerability, planning and organizing, multiple criminal offences, use/threat of weapon, brutality.

Question 5

What are the 3 factors judges are governed by?

Answer 5

1) Direction given in statutes
2) Rules and principles that offer guidance to the judge as to which dispositions should be used
3) The personal characteristics of the judge

Question 6

What are some sentencing options?

Answer 6

Imprisonment
Intermittent sentences (weekends)
Fines
Restitution and community service
Probation
Restorative justice
Absolute and conditional charges
Community based sanctions
Conditional sentence

Question 7

What are some statistics regarding sentencing decisions?

Answer 7

386 500 cases:
64% guilty- 35% prison,  3% conditional sentence, 45% probation, 34% fine,52% other.
32% stayed/withdrawn
3% acquitted
1% other decisions

Question 8

What are sentencing circles?

Answer 8

Used generally for property offences. Benefits include reduction in the monopoly of professionals, greater creativity in sentencing, increase in participation of victim and accused, and generally a more constructive environment.

Question 9

What are some issues with sentencing?

Answer 9

Disparity (much is result of judges)
Courthouse norms (backlogs and plea bargains)
Sentencing discrimination
Public opinion- 62% of the public and 63% of the judiciary agree on which offenders should be incarcerated.

Question 10

What are mandatory minimum sentences?

Answer 10

Form of determinate sentencing. Some argue that they are useful for deterring crime.But they also limit a judges discretion.

Question 11

What are “truth in sentencing” laws?

Answer 11

Require a person to serve at least 85% of their sentence

Question 12

How many people are wrongfully convicted per year?

Answer 12

USA- 34 250 per year. (Estimate that 5 people out of 1000 are wrongfully convicted.

Question 13

What are wrongful convictions the result of?

Answer 13

Eyewitness error (most common)
Forensic errors (dr. charles smith)
Overzealous or unethical police and prosecutors. (63% of wrongful convictions the result of a dysfunctional crown culture)

Question 14

What are presumptive sentences?

Answer 14

The same as sentencing guidelines. Offer judges a range of minimum and maximum penalties for any given convict. Eliminates judicial discretion because decisions are based only on the severity of the crime and the prior record of the accused.

Question 15

What are the four purposes of presumptive sentences?

Answer 15

1) Uniformity (criminals will have similar sentences)
2) Neutrality (Extralegal factors will not affect outcomes)
3) Truth (ensuring that what offenders serve is the same as what judges impose)
4) Control (prevent overcrowding in prisons)

Question 16

What did Miethe and Moore argue about sentencing guidelines?

Answer 16

That they reduced judicial discretion and disparity, created a shift from property offenders to violent offenders being placed in prison, influenced judges and prosecutors to “bend” the rules by altering their charging and plea bargaining practices.

Question 17

What are victim impact statements?

Answer 17

Proposed to recognize the rights of the victim. Said to increase dignity of victims, illustrate how they had been affected by crime, and promote fairness in sentencing.

Question 18

What are some criticisms of victim impact statements?

Answer 18

They would challenge the adversarial system, pressure judges, cause vindictiveness, and decrease court efficiency.

Question 19

What was the first jurisdiction to introduce a Victim’s Bill of Rights?

Answer 19

Manitoba 1986.