PHIL 338 - Punishment & Sentencing (Handout 6)

What are the central questions about legal punishment according to Hart?

1. System Justification: What justifies the creation and maintenance of a system of punishment?

2. Target Justification: What justifies the selection of who can be punished?

3. Sentencing Justification: Which factors justify the particular sentences the system assigns to individuals?

What central place does punishment have in Hobbes's framework?

Hobbes claims that we forfeit our natural liberty to the sovereign, requiring a system of punishment to enforce laws backed by the authority of the sovereign.

What is a major concern regarding consequentialism and its justification of punishment?

Consequentialism could justify punishing the innocent if it serves the greater good / has good consequences.

Define retributivism in the context of legal punishment.

Retributivism is the theory that punishment should track desert; offenders deserve punishment because they have wronged individuals or society.

What are the three general constraints of desert-based theories of punishment?

1. Proportionality: punishment must be proportional to the wrong done.

2. Fairness: similar offenders deserve similar punishments.

3. Asymmetry: the innocent deserve protection from punishment.

What is Restorative Justice focused on?

Restorative Justice emphasizes that offenders should seek to repair the harm done to both victims and the community.

What is the fundamental purpose of sentencing according to the Canadian Criminal Code?

To protect society and contribute to respect for the law and maintenance of a just, peaceful, and safe society through just sanctions.

What does section 718.1 of the Canadian Criminal Code state about sentencing?

A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.

How has the Gladue decision influenced sentencing for Indigenous offenders?

The Gladue decision mandated courts to consider the unique circumstances of Indigenous offenders during sentencing.

What challenge does restorative justice face in extreme cases like murder or rape?

It is difficult to address how to repair harm or provide justice in cases involving extreme harm.

What is the significance of sentencing ranges in Canadian law?

Sentencing ranges reflect judicial decisions in similar cases, but may conflict with the requirement for individualized sentencing.

What role does rehabilitation play in the justification for punishment?

Rehabilitation aims to morally educate wrongdoers by helping them understand their actions and duties within society.

How does proportionality relate to the gravity of the offense?

Proportionality requires that the sentence reflects both the seriousness of the offense and the offender's degree of responsibility.

What does the principle of parity require in sentencing?

The principle of parity requires that similar cases be treated alike in terms of punishment.

System Justification

The reasoning behind the creation and maintenance of a system of punishment.

Target Justification

The rationale for selecting individuals to be punished.

Sentencing Justification

Factors that justify the specific sentences assigned to individuals.

Hobbesian Framework

A philosophical structure developed by Thomas Hobbes that emphasizes state control over individual liberties in exchange for protection.

Consequentialism

The ethical theory that holds the rightness of an action is determined by its consequences.

Collateral Consequences

Additional harms imposed on individuals due to their punishment beyond the sentence itself.

Retributivism

A theory of punishment that asserts individuals should be punished because they deserve it, based on their actions.

Proportionality

The principle that a punishment should be directly related to the severity of the offense.

Fairness in Sentencing

The idea that offenders who commit the same wrong should receive the same punishment.

Restorative Justice

An approach to punishment that emphasizes repairing the harm done to victims and the community.

Gladue Reports

Reports that take into account the unique circumstances of Indigenous offenders to inform sentencing decisions.

General Deterrence

The concept that punishment deters the general public from committing crimes.

Specific Deterrence

The idea that punishment of an individual offender will prevent them from committing future offenses.

Rehabilitation

The process whereby offenders are reformed in behavior and attitude, aiming for their reintegration into society.

Parity Principle

The principle that similar cases should be treated alike in sentencing.

Sentencing Ranges

Guidelines established by courts that suggest appropriate sentences for particular offenses based on severity.