Control Philosophy And Ciminal Justice Policy Flashcards Preview

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Flashcards in Control Philosophy And Ciminal Justice Policy Deck (16)
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1
Q

Punitive models

A

The justice model
Deterrence
Selective incapacitation
Rehabilitation

2
Q

The justice model

A

Guided by the ideals of justice, fairness, and the need to protect human rights and dignity

Punishment should fit the offence not the criminal

Rights of the accused must be protected (due process)

Alternative sanctions for minor offences

Eliminate discretion

3
Q

Deterrence

A
A classical theory
Central , prevent future crimes
Social contract
Uniform punishment
Torture must be eliminated
Punishment must fit the crime
The felicific calculus
Swiftness (celerity), certainty and severity
4
Q

Selective incapacitation

A

Separate high risk offenders from low risk ones

3 strikes legislations

Originated in James Q wilsons “thinking about crime”

5
Q

Rehabilitation

A

People do not choose to perpetrate

Focus is to treat the criminal

Evidence of success is in rates of recidivism

Discretion is deemed an effective tool in reducing crime

Reintegration

6
Q

Aboriginal justice

A

Contains the belief that central governments must relinquish their monopoly over the criminal justice system

sentencing circles are important to eliminate the hierarchy of justice

The relationship between victims, offenders and society needs to be restored

7
Q

Aboriginal justice part 2

A
  1. Free, voluntary, with informed consent
  2. Offenders must take responsibility for their crimes and victims must agrees on the facts of the case
  3. May have legal advice and can withdraw
  4. Guilt may not be used as evidence in later proceedings
  5. Failure to reach and agreement should not be used in future proceedings to have harsher sentences
  6. The consequences of failing to Honor an agreement should be stated
8
Q

Rehabilitation

A

People do not choose to perpetrate

Focus is to treat the criminal

Evidence of success is in rates of recidivism

Discretion is deemed an effective tool in reducing crime

Reintegration

9
Q

Key components

A
  • problem solving and restoration of peace
  • restitution and reconciliation
  • community involvement
  • holistic healing approach
  • conformity removes the stigma of crime
  • remorse, repentance and forgiveness are important
10
Q

Aboriginal Court

A
  • The first aboriginal court system opened in October 200 in the T’suu T’ina Nation.
  • It has jurisdiction over summary conviction offences and hybrid offences (elected to be tried as summary conviction offences)
11
Q

Restorative Justice

A
  • Restorative Justice is a philosophy of Justice that suggests an offenders conscience and significant others can deter and punish crime more effectively than existing programs.
  • Braithwaite (1989) argues that shaming can be reintegrative as it is in Japan.
12
Q

Alternative Sanctions

A

When a convicted person is allowed to serve part or all of the punishment in the community

13
Q

Determinate Sentencing approach

A

Judges are required to follow sentencing guide lines

14
Q

Positive Sanctions

A

Rewards

15
Q

Negative Sanctions

A

Punishment

16
Q

Determinate Sentences

A

Certainly that an individual would receive punishment