Lecture 8: Sentencing and Offender Treatment Flashcards

1
Q

denunciation

A

One of the objectives of sentencing in Canada. Here, the goal is to inform the Canadian public that we as a society view a particular act as wrong.

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2
Q

fundamental principle of sentencing

A

The fundamental principle of sentencing is supposed to guide judicial decision making when handing down sentences. It states that a sentence must be proportionate to the gravity of the offence and the responsibility of the offender.

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3
Q

general deterrence

A

One of the objectives of sentencing in Canada. Here, the goal is to show Canadians what will happen to them if they commit a crime in the hope that this will decrease the likelihood that potential offenders in the community will offend in the future.

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4
Q

parole

A

Allowing the offender to leave prison before the end of their prison term. Parole can either be on a temporary or full basis. Typically, there are a range of conditions attached to the parole (e.g., the offender must not leave the country). If the offender breaches any of these conditions they can be sent back to prison.

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5
Q

reparation

A

One of the objectives of sentencing in Canada. Here, the goal is to repay society for what was lost during the commission of the crime (e.g., the offender will be made to pay back the value of what was stolen).

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6
Q

sentencing

A

the imposition of a legal sanction on persons convicted of an offence

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7
Q

sentencing disparity

A

Sentencing disparity refers to variation in sentencing patterns due to the influence of factors that are not legally relevant to the case (i.e. extra-legal factors such as the judge’s personality, philosophy, mood, etc.).

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8
Q

sentencing guidelines

A

Sentencing guidelines refer to guidelines that are supposed to limit the degree of discretion that a judge has when deciding on appropriate sentences. In Canada, these often take the form of mandatory minimum sentences (e.g., in Canada, first degree murder has a mandatory minimum sentence of life imprisonment).

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9
Q

specific deterrence

A

One of the objectives of sentencing in Canada. Here, the goal is to show offenders what happens to them if they commit a crime in the hope that this will decrease the likelihood that they will offend in the future.

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10
Q

effect size

A

The effect size can range from +1.00 to -1.00 and indicates how effective a treatment program is. As an example, you may want to evaluate a new treatment program that is supposed to prevent re-offending. You compare the re-offending rate for kids who do not take part in the program (60%) to kids who do take part in the program (40%) and get an effect size equal to +0.20 (indicating that the program is somewhat effective at reducing re-offending rates).

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11
Q

general responsivity principle

A

A principle that states: Intervention should match the ability and learning style of the individual offender.

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12
Q

human services principle

A

A principle that states: Use effective human service over sanctioning whenever possible when intervening with offenders.

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13
Q

need principle

A

A principle that states: Intervention strategies should target individual criminogenic needs (e.g., antisocial attitudes, antisocial associates, antisocial personality, antisocial history).

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14
Q

risk principle

A

A principle that states: The offender’s level of risk should match the level of intervention (e.g., high risk offenders = intensive intervention, low risk offenders = little or no intervention).

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15
Q

specific responsivity principle

A

A principle that states: Intervention should match specific features of the individual offender (e.g., age, ethnicity, gender, anxiety, motivational level, etc.).

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16
Q

goals of sentencing

A
  • Denunciation
  • Specific deterrent
  • General deterrent
  • Incapacitation
  • Rehabilitation
  • Reparation
  • Promote responsibility
17
Q

principles of sentencing

A
  • A sentence must be proportionate to the gravity of the offence
  • A sentence must be proportionate to the responsibility of the offender
  • A sentence should not deprive the offender of liberty if at all possible
18
Q

sentencing options

A
  • Absolute discharge
  • Reparation
  • Fines
  • Community service
  • Conditional sentences
  • Imprisonment
19
Q

is sentencing effective?

A

Punishment-based strategies generally result in higher rates of recidivism

20
Q

death penalty in Canada

A

DP was abolished in 1976/1999

21
Q

death penalty in the U.S.

A
  • 38 states permit the DP
  • 600 executions since reinstatement
  • 3,500 inmates on death row
22
Q

arguments against the DP

A
  • The DP does not act as a deterrent
  • The DP is expensive
  • The DP is biased
  • The DP is handed down to the innocent
23
Q

sentencing disparity

A

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

24
Q

classifications of sentencing disparity

A

sentencing disparity -> warranted sentencing disparity & unwarranted sentencing disparity -> systematic & unsystematic disparity

25
Q

studying sentencing disparity

A

Simulations
Sentencing statistics

26
Q
A