Goal of sentencing
To try and establish the best possible option taking into account community factors (e.g safety), needs of the victim, needs of the convicted person
One of the main decisions (sentencing)
Whether the offender will receive a custodial, semi-custodial or non-custodial sentence
Sentencing as individual deterrence
to stop the specific individual from engaging in the same offending behaviour in the future
Sentencing as general deterrence
Goal is to stop similar others from engaging in a similar offending behaviour
Sentencing as Incapacitation
Goal is to stop specific individual from engaging in all offending behaviour by placing them in a secure environment,
Sentencing as retribution
Goal is to take something of equal value from the individual
Sentencing as rehabilitation
Goal is to try and change the individual so they no longer wish to engage in the offending behav.
Sentencing as Moral Outrage
Goal is to provide society with a way to vent their frustration, anger or outrage of being victimized
A significant amount of psych forensic assessment revolves around
Assessments of risk - assessments of elements specifically related to important forensic issues
What drives sentencing?
The legal system
Post-conviction assessment for placement
to establish the environment and type of service that best reflects the needs of society and the needs of the offender (e.g., Level of Service Inventory - LSI)
Post-conviction assessment for dangerousness
To establish how much of a danger the offender is to both him or herself or others (E.g Psychopathy Checklist - PCL-R)
Diversion/Alternative Sentencing Programs
These are generally employed for offenders that are not considered dangerous to themselves or others and take into account factors such as diversity and research on dealing with specific offences.
Drug Courts Program
For non-violent substance abusing offenders (generally first offenders) - Goal is to provide a forum in which everyone attempts to work together to provide the best possible post-conviction environment for the offender
Sentencing Circles
Generally employed for indigenous offenders. Goal is to provide a community-based forum (elders, community members, victim etc) that meet to work with the judiciary to create an effective sentence that will best ensure that the offender will not re-offend
Basic indigenous goals of sentencing/healing themes
Respect for oneself - respect for elders - respect for the community - respect for the land - respect for the spiritual guide (e.g the creator)
Sentencing Challenges cited by indigenous clients
- Cost - Transportation - Childcare/other responsibilities - Time off from work - Peer/family non-support and/or ridicule - non-relevant therapeutic approach - Lack of understanding/ empathy - confusion about cultural beliefs
