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CRLS 2500 Sentencing Question and answers 100% correct 2024/2025
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CRLS 2500 Sentencing Question and answers 100% correct 2024/2025 CRLS 2500 Sentencing retribution - correct answer the idea that offenders deserve punishment - can be traced back to the ancient Babylonia in the Code of Hammurabi: the idea for an eye for an eye, tooth for a tooth -focuse...

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  • October 8, 2024
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  • 2024/2025
  • Exam (elaborations)
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  • crls 2500 sentencing question and answers 100 cor

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CRLS 2500 Sentencing
retribution - correct answer ✔the idea that offenders deserve punishment


- can be traced back to the ancient Babylonia in the Code of Hammurabi: the
idea for an eye for an eye, tooth for a tooth


-focuses on past behavior: the severity of the punishment is directly tied to the
seriousness of the crime


-held strongly in moral principles: (1) individuals are held responsible for their
own actions


- in applying retributive sanctions, the severity of the punishment is limited to
the severity of the injury to the victim


- this was a popular idea until the Enlightenment period..it started being
viewed as more barbaric


- a new human view of retribution evolved that focused on deserved
punishment or JUST DESERTS




LIMITATIONS ON RETRIBUTION:
1. its focus on crimes of violence offers little apparent guidance for sentencing
the far more numerous defendants who have committed property violations

,just deserts - correct answer ✔- embodied two distinct but interrelated
principles:


1. the offender justly deserves to be punished for having wronged another
person in violation of the law


2. society has not only the right but also the obligation to punish proportionally
all transgressions of the criminal law because such acts should be viewed as
offenses against society as a whole


- used in today's times


-predicted on the notion of proportionality


Proportionality - correct answer ✔it posits that the severity of the sanction
should be proportionate to the gravity of the defendant's criminal conduct


expiation - correct answer ✔atonement for sin through deserved suffering


-in their opinion, retributive punishment should cause offenders to suffer, but
not to achieve revenge or to balance the scales of justice for wrongs
committed against individual victims or even society as a whole; rather
through such suffering, offenders would come to see the errors of their ways,
reprint and be forgiven for their sings


deterrence theory - correct answer ✔the purpose of punishment is the
prevention of future crimes

, does not propose to change offenders - just deter them


created by Jeremy Bentham; according to him, punishment based on
retribution was pointless and counterproductive, he argued sanctions should
be used to further society's goal of preventing crime


his idea: people seek to maximize pleasure and minimize pain - a principle he
referred to as the hedonistic calculus


suggest that the criminal justice system can effectuate two types of
deterrence: general and specific


hedonistic calculus - correct answer ✔utilitarian theory; the basic objective of
punishment is to discourage crime by making it painful


bc people seek to minimize pain, they will refrain from activities, such as
crimes, that result in painful sanctions


the effectiveness of law as a deterrent is dependent on three primary factors:
severity, certainty, and celerity (i.e. swiftness)


general deterrence - correct answer ✔presumes that the threat of
punishment will prevent the general population from engaging in the
proscribed conduct


specific deterrence - correct answer ✔goal of criminal punishment postulates
that those for whom the general deterrent of law was insufficient to prevent
them from having engaged in the proscribed conduct should be subjected to
punishment so that they will be personally discouraged from engaging in the
proscribed conduct again

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