CRI210H1 Chapter Notes - Chapter 10: Sentenced, Recognizance, Common Assault
4 Aug 2022
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Sentencing all traditional elements, legal sanction, imposed by judge, follow criminal conviction. Disposition actual sanction imposed in sentencing. 1) deserved infliction of suffering on evil doers. Ex. fine & probation order split sentence. Protection of society through prevention of criminal acts. Too lenient encourage engagement in criminal activity. Too severe reduce ability to impose punishment regarded as fair & impartial. Specific deterrence discourage individual offender from committing another crime. General deterrence sentence severe enough to stop people from committing crimes. Some evidence that specific deterrence works only certain instances. Does not stop people from committing 2nd crime after serving sentence for 1st. General deterrence impact on members of society. Specific deterrence discourage individuals from engaging further in behaviour. Predicated on individual"s wish to avoid pain of punishment in future. What deters a specific individual might be diff from what may deter members of society. Relies on certainty & speed of punishment. Selective incapacitation removal/restriction of freedom of offenders.
