California's Three Strikes Law Quiz

Defining Key Terms/Concepts

• Sentencing is where the abstract concept of law meets the concrete reality of individual lives
• Law is words on paper, and only becomes relevant when applied in real-life situations
• Think of the law as a book, they are words on paper until they have to be used, used to address significant issues.

Scenarios

• In Canada, if a person steals something over $5,000, they can be sentenced to prison
• Important to consider the person's motivations, criminal history, risk to society and their story
• When deciding a sentence, consideration should be taken for the victim, the harms done to them, along with society and the offender

Formal Definition of Sentencing

• Sentencing is a judicial decision
• Judges have significant discretion in sentencing

Complexities in Sentencing

• Definition of legal sanctions includes a wide range of possible punishments
• Determining the right type and severity is very complex
• Balance of various factors when determining an appropriate sentence
• Goals of sentencing include societal values, individual impact on the offender, community safety and ensuring social justice.

Importance of Sentencing

• Sentencing reflects societal values
• Sentencing is about individual impacts and community safety
• Including considerations of social justice and resource allocation

Community Safety

• Sentencing aims to protect the public
• High incarceration rates and lengthy sentences may not deter crime.
• Sentencing aims to address root causes of crimes and society's overall values.

Resource Allocation

• Sentencing impacts public resources (facilities, probation, etc.)
• Lengthy prison terms correlate with increased costs.

Sentencing as a socio-legal process

• Legal rules define crimes, punishments, and procedural guidelines
• The process aims for consistency and fairness
• Legal frameworks should reflect shifting societal values and concerns
• The laws, while established, are fluid and change over time.

Social values and norms

• Social values and norms develop and shift alongside societal attitudes.
• Changing attitudes lead to a move from punitive to more rehabilitative models

Public opinion and media influence

• Media shapes public perceptions of crime.

Case Study

• The crack cocaine epidemic of the 1980s led to harsher sentencing laws
• This had disproportionate impact on black communities which correlates with mass incarceration

Social construction of crime

• Perceptions of a crime are influenced by social and political issues.

Influence of social biases

• Racialized portrayals of criminals influence societal perceptions of crime and punishment.

Corporate whistleblower

• Whistleblowing is often rewarded for bravery and commitment to ethical behavior.
• Whistleblowers are often protected from retaliation in order to encourage them.
• Being a whistleblower may be seen as a crime if a person breaches confidentiality which damages the company's reputation.
• Criticizing authority (rulers) may be an action that risks punishment.

Concept of Punishment

• Punishment is inherently complex.
• Social values (e.g. respect for property) influence conceptions of punishment.

Evolution of punishment

• Punishment styles have existed across time and cultures
• Societal values and morality influence the kinds of punishment given for crimes.
• Early forms of punishment often involved public spectacle.

Previous Dominant discourses on Punishment

• There are two major perspectives, penological and philosophical.
• Penological focuses on practical administration of the system, and is concerned with measures for controlling crime.
• Philosophical looks into morality and fairness.

Marxist Perspective

• Punishment is tied to power and socio-economic inequalities.
• Societal power structures and class disparities can affect sentencing outcomes.

Foucault's Perspective

• Foucault's studies on punishment focused on its practical aspects
• These include the design of prisons, surveillance, and methods of discipline.
• He focused on the shift away from public punishment and control.

Norbert Elias's Perspective

• Elias' theories focus on values and feelings surrounding crime and justice.

Theories of Punishment

• There are 2 major perspectives about punishment.
• Reducing future crime (consequential) and punishing past crimes (retributive) are considered.

Effectiveness of Deterrence

• Harsh punishment does not always reduce re-offending
• Fear of punishment can cause people to shift where they commit crimes.
• Several factors such as emotions, drugs or alcohol, influence effectiveness of punishment.

Rehabilitation

• Aims to transform offenders into law-abiding citizens.
• Rehabilitation gained popularity in the 18th and 19th centuries, but public trust and support decreased in the 1970's because of rising re-offense rates.

Incapacitation

• Aims at removing offender from society, therefore preventing them from committing further crimes.
• Incapacitation is a form of punishment that aims to limit a person's ability to act as they see fit, so they are less likely to harm others.

Contemporary Practices

• Limitations and Ethical Concerns around sentencing practices
• Trends in England and the USA toward sentencing reform.

Disproportionate Punishments

• The three strikes law in the US leads to disproportionate sentences, impacting people disproportionately.

Beyond the Screen: What did we Learn?

• Real world consequences of sentencing practices, including unintended repercussions.

Retribution, Deterral, Denunciation

• These are the 3 primary theoretical approaches to punishment; these theoretical approaches examine the concept of punishment.
• Retribution emphasizes that offenders should be punished for the harm they caused.
• Deterrence suggests that punishment might discourage future crimes.
• Denunciation highlights the disapproval of society towards criminal actions.

The Complexity of Harm

• Harm goes beyond physical harm.
• Punishment can affect psychological well-being, financial situations and affect the emotional and social impact on other related individuals.

Denunciation

• Denunciation as a mode of punishment, expressing disapproval through sentencing
• It reflects societal values and may deter crime.

Restorative Justice

• Aims to help heal the harm caused by crime and restore balance between victims, offenders, and communities.
• Focuses on repairing harm rather than simply punishing offenders

Conditional Sentences

• Conditional sentences are a way to serve time in the community.
• The court can impose sentences up to 2 years but can also order conditions like curfews, or community service.
• It is meant to give offenders a chance at rehabilitation and also prevent them from causing any future harm to the community.

Length of Sentence

• This is tied into the sentencing processes and there are various limits that dictate the maximum time someone can spend in jail, whether this time is served as a maximum or minimum sentence.
• The sentence given depends on the specific crime committed.
• Mandatory minimum sentences require judges to impose specific minimum prison terms for certain crimes, regardless of the other circumstances of the case.
• Judges often use their discretion to set sentences.

Pre-Sentence Reports

• Used to provide information to judges on background, circumstances, and risk factors
• Particularly useful in considering significant crimes or cases with complex details

Same-Day Sentencing

• Can happen for some cases immediately, and there are complex factors to consider before this judgment is made

Discharges

• These are outcomes of a sentencing hearing where a person is found not guilty or not held responsible for a crime.
• This often comes with or without limitations on the person.
• There are two types
  • Absolute- A final decision that cannot be reversed.
  • Conditional- Conditions that must adhere to.

Probation

• Probation is an alternative to jail time, where an offender serves to time in the community while following rules and regulations.
• This method of serving time could last up to 3 years.

Types of courts

• Various court levels exist for different types of crimes.
• These include provincial/territorial Courts (entry-level), Superior Courts and Courts of Appeal.