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Sentencing in the criminal justice system
Sentencing in the criminal justice system
Discuss the principle aims of sentencing
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Intro:
Prisons will be a part of society for as long as it is faced with social enemies. Incarceration is the state of being confined in prison, typically for committing a criminal act. Ideologies, resulting in a positive outcome, either for the individual or society, are what dominate the Canadian criminal justice responses to crime. These beliefs are enshrined in the Principles of Sentencing that are included in the Criminal Code of Canada. Section 718 of the Criminal Code states that:
The fundamental purpose of sentencing is to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives:
(a) to
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Canada has among the highest incarceration rates relative to many European countries. The rate of incarceration is usually a pointer to how a country reacts to crime. In Canada, roughly one in every 1,000 residents serve time in a penal institution- a total of 20,000 imprisoned adult offenders each day. Incarceration serves as a means of disapproving certain behavior in authoritative term. Furthermore, penitentiaries serve as a place of exile for those who are ethically condemned by society and the law it …show more content…
The problem may be seen as chemical, biological, emotional, intellectual, or social. An essential goal of the justice system is to identify the problem, or problems, and create an appropriate treatment strategy. The practise of incarceration for rehabilitation is based on the notion that the factors causing individuals to resort to unlawful conducts can be changed and that appropriate treatment will reduce offending and reoffending. According to The CSC’s Inmates’ Rights Handbook, in section 11, part
Canada’s criminal justice system largely focuses on rehabilitation, but Bourque’s harsh sentence is similar to the sentencing practices of the United States (Gagnon 2015). This is troubling as Canada’s rehabilitation focused criminal justice system appears to be working. Canada has a low rate of recidivism for offenders who have been convicted of murder (Gagnon 2015). Research shows that Canada’s rehabilitation focused criminal justice system has also worked with crimes that are not as severe as murder. Between 2010/2011 and 2013/2014, there was a 12% decrease in completed adult criminal court cases. Most cases in adult criminal court involve non-violent offenses (Maxwell 2013/2014). Similarly, in 2013, the police-reported crime rate was at it lowest since 1969 (Statistics Canada). The homicide rate is also declining, as in 2013, it represented less than 1% of all violent crime (Statistics Canada). Notably, probation was the most common sentence given in adult court cases and custody sentences were less than six months (Maxwell, 2013/2014). These types of sentences showcase the rehabilitation focused thinking of the Canadian criminal justice system and reinforce the impact and possible repercussions of Justin Bourque’s
In many cases, the culprit has been in and out of rehabilitation centers and or jail. These facilities have a common goal. Which is to correct those whom are
In Western cultures imprisonment is the universal method of punishing criminals (Chapman 571). According to criminologists locking up criminals may not even be an effective form of punishment. First, the prison sentences do not serve as an example to deter future criminals, which is indicated, in the increased rates of criminal behavior over the years. Secondly, prisons may protect the average citizen from crimes but the violence is then diverted to prison workers and other inmates. Finally, inmates are locked together which impedes their rehabilitation and exposes them too more criminal
Roberts, J. (2007). Public Attitudes to Sentencing in Canada: Exploring Recent Findings. Canadian Journal of Criminology and Criminal Justice , 49 (1), 75-107.
Society has long since operated on a system of reward and punishment. That is, when good deeds are done or a person behaves in a desired way they SP are rewarded, or conversely punished when behaviour does not meet the societal norms. Those who defy these norms and commit crime are often punished by organized governmental justice systems through the use of penitentiaries, where prisoners carry out their sentences. The main goals of sentencing include deterrence, safety of the public, retribution, rehabilitation, punishment and respect for the law (Government of Canada, 2013). However, the type of justice system in place within a state or country greatly influences the aims and mandates of prisons and in turn targets different aspects of sentencing goals. Justice systems commonly focus on either rehabilitative or retributive measures.
The United States has a larger percent of its population incarcerated than any other country. America is responsible for a quarter of the world’s inmates, and its incarceration rate is growing exponentially. The expense generated by these overcrowded prisons cost the country a substantial amount of money every year. While people are incarcerated for a number of reasons, the country’s prisons are focused on punishment rather than reform, and the result is a misguided system that fails to rehabilitate criminals or discourage crime. The ineffectiveness of the United States’ criminal justice system is caused by mass incarceration of non-violent offenders, racial profiling, and a high rate of recidivism.
Capital punishment is crime's most dreaded consequence, death. Hanging was Canada's form of capital punishment up until 1976 when it was abolished. Webster's Dictionary defines capital punishments as: "The penalty of death for the commission of a crime." (Webster's, 1994, 43). The chance of capital punishment being reinstated in Canada has been very slim up until now. Recently the Canadian Alliance Party has put forth efforts to reinstate it, which has put the controversial topic back up for debate. This has divided many Canadians concerning their beliefs. Capital punishment should never be reinstated in Canada as it is a barbaric practice that is unjust. This essay will clearly demonstrate that reinstating capital punishment would be illegal as it would violate the Canadian Charter of Rights and Freedoms, Canadian Bill of Rights and the United Nations Universal Deceleration of Human Rights. In addition, this paper will show that capital punishment is a cruel and barbaric punishment. Finally, this paper will examine how capital punishment does nothing to deter people from committing crimes.
As noted by Allen (2016), measures that are implemented outside the courtrooms, especially in a formal procedure, may lead to the provision of accurate as well as timely considerations for youth crime. As such, Canada is keen in the reinforcement of these regulations, as they determine both short and long-term judicial solutions. Most importantly, the Youth Criminal Justice Act (YCJA) in Canada plays a major role in the implementation of extrajudicial measures as they may affirm to the occurrence of future issues. According to the Government of Canada (2015a), this calls for an attempt to channel out or divert such offenders from the mainstream justice system to a lesser formal way of dealing with the offenses. This paper attempts to investigate the appropriateness of the extrajudicial measures in Canada, and the reason behind why we established these provisions of the YCJA. It also illustrates an example of a Canadian case, which questions the extrajudicial measures. This discussion canvasses the main argument as for or against the extrajudicial measures in Canada through the adoption of recommendations to the Canadian Government about the proper situations in which such processes should be used.
Welsh, B., & Irving, M. (2005). Crime and punishment in Canada, 1981-1999. Crime and Justice, 33, 247-294. Retrieved from http://library.mtroyal.ca:2063/stable/3488337?&Search=yes&searchText=canada&searchText=crime&list=hide&searchUri=%2Faction%2FdoBasicSearch%3FQuery%3Dcrime%2Bin%2Bcanada%26acc%3Don%26wc%3Don&prevSearch=&item=18&ttl=33894&returnArticleService=showFullText
Parole and mandatory minimum sentences are both controversial topics within the criminal justice system. “…to many Canadians, parole is the very definition of justice gone soft.” (Fine, 2016). Where mandatory minimums are more heavily supported by the community parole is often criticized. This is unjust because the adverse effects of a sentence without some type of reintegration back into society can be extremely harmful to the inmate and the community. “Parole is the system’s way of taking a calculated risk. Why take any risk at all? Because the alternative is seen to be worse: No incentive for good behaviour.”(Fine, 2016). This distrust in the parole system leads the public to support the idea of mandatory minimum sentences in the case of
Canada reached its utmost population rate in 2013, with 15,000 inmates; this is a drastic increase of 75% in the past decade. Incarceration rates are rapidly increasing as crime rates decrease. Upon release, former prisoners have difficulty adapting into society and its social norms. Criminologist, Roger Graef states that, "the vast majority of inmates, the loss of local connections with family, job, and home sentences them again to return to crime." Prisoners often result in lethargy, depression, chronic apathy, and despair, making them ultimately rigid and unable to assimilate back into the public. Depression, claustrophobia, hallucinations, problems with impulse control, and/or an impaired ability to think, concentrate, or remember are experienced by prisoners who are isolated for a protracted amount of time; research has indicated that prisons can cause amenorrhea, aggressive behaviour, impaired vision and hearing, weakening of the immune system, and premature menopause. With the lack of system programs, the constant violence, and the social isolation, the prison system fails to prepare prisoners for reintegration to society. Prisons do not provide the proper structural functionalism to rehabilitate former long-term prisoners into society.
The author supports her belief that prisons should be eliminated through the substantial amount of people currently inhabiting prisons in the United States, and society’s motivation to incarcerate more people in the 1980s. During the article’s
The Canadian Criminal Code (1995) stated the main principles of sentencing as “to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions” (s. 718). Section 718(a-f) considers the factors sentencing are to denounce unlawful conduct, to deter, to separate, to rehabilitate, to provide reparations and to promote a sense of responsibility.
Mauer, Marc. "The Race to Incarcerate." The Case For Penal Abolition. Ed. W. Gordon West and Ruth Morris. Toronto, Canada: Canadian Scholars? Press, 2000. 89-99.
The origin of the word prison comes from the Latin word seize. It is fair to say that the traditional use of prison corresponds well with the origin of the word as traditionally prison was a place for holding people whilst they were awaiting trial. Now, centuries on, prisons today are used as a very popular, and severe form of punishment offered to those that have been convicted. With the exception, however, of the death penalty and corporal punishment that still takes place in some countries. Being that prison is a very popular form of punishment used in today's society to tackle crime and punish offenders, this essay will then examine whether prison works, by drawing on relevant sociological factors.