Introduction
The evolution of punishment has come a long way in Canada from Confederation in the 1800’s to present day 21st century. Research has been going on continuously to identify whether these punishments are based on a person’s behaviour or on society itself. The word punishment is referred to as a penalty inflicted on an offender through judicial procedure ("Punishment | Definition of Punishment by Merriam-Webster"). In today’s society does the punishment equivalent to the crime committed by an offender? Therefore, how much punishment should one receive based on their offence? It is a conflicting matter that has brought the government and the public into speculation on the judicial system from time to time. Punishment is a philosophy, which states many years back when someone was seen committing wrongdoings they were punished by cutting off their heads or hanging them.
During the evolution it used to be an eye for an eye, if you killed me, I went after your family as revenge. The days have changed, where now they have introduced the Canadian Bill of laws, to help with the punishment of offenders. Now capital punishment is punishments that result in death penalties for people who have committed capital crimes, and offences. It is viewed around the world as something different. For example, in certain parts of the world people do not believe in punishment, whereby in some parts they do believe and take very extreme measures. In parts of the world such as India,
The Canadian criminal justice system is often represented by the balanced scales of justice. These scales symbolize the need for the law to be viewed objectively in order to ensure a fair determination of innocence. Ideally, the criminal justice system should incorporate the values of the scales of justice to control crime and impose penalties on those who violate the law (Jordan, 2014). When dealing with crime, this system mainly uses methods of retributive justice in order to achieve its goals. However, despite justice being supposedly impartial, there is an overwhelming amount of injustice in all stages of the criminal justice process, from the charging of the individuals in court to their sentence in prison (Jordan, 2014). To combat this
Canadian Criminals are a major part of Canadian society. In our country if you were not the direct victim of a crime you tend to forget the members of society that take pleasure in causing societies grief. As in the case of James Hutchinson and Richard Ambrose, whose crimes were committed in December of 1974.1 They were convicted of killing two Moncton City Police officers. Today, years after the murders were committed Ambrose and Hutchinson are still the center of a major controversy that has plagued our parole system. In order to fully understand the controversy that Ambrose and Hutchinson posses you must look at the
The first section is for the mandatory minimum sentence of life in prison for first and second-degree murder and treason. The second section deals with firearms offences. The third section of mandatory minimum sentences address repeat offenders in seven distinct categories, which involve impaired driving and possession of unauthorized weapons (Canada, 2013). The last category of MMS in Canada deals with hybrid offences. These were implemented in the Canadian legislation in 1995. If an offender commits a crime that has been determined to result in a mandatory minimum sentence within the Canadian Legislation, the judge must implement that sentence no matter what the aggravating or mitigating factors are. Due to this sentencing legislation, many innocent people are serving time in prison due to a false conviction and the lack of judicial discretion in their individual case. Even though mandatory minimum sentences offer more costs then rewards, some politicians, community members and victims of crime still support it due to the proposed retributive and deterrent effects. There have been many cases and arguments against mandatory minimum sentences especially due to the fact that it restricts the judge’s discretion during the sentencing process. These will be discussed in more depth throughout this paper.
The Criminal Justice System has many components that make it up. There are many differences and similarities between Canada and America like the culture, religion, and governments. Some of the main differences and similarities being the Criminal Justice System. The Criminal Justice System is the law that is related to arresting, sentencing and punishing people if found guilty with jail time, probation, or community service. In this research paper, I will be stating some of the main differences and similarities between the Canadian and American Judicial System.
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
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
Provide the justifications for punishment in modern society. Punishment functions as a form of social control and is geared towards “imposing some unwanted burden such as fines, probations, imprisonment, or even death” on a convicted person in return for the crimes they committed (Stohr, Walsh, & Hemmens, 2013, p.6). There are four main justifications for punishment and they are: retribution, deterrence, rehabilitation, and incapacitation. There is also said to be a fifth justification of reintegration as well.
Punishment refers to the deliberate or intentional infliction of pain and suffering on an individual for breaching a particular law or code of conduct established in a given society. The idea of punishment has been in existence for a long stretch of time in history with philosophers weighing upon the necessity or otherwise of punishment. Inasmuch as a considerable number of philosophers agree that
As Ghandi once said, “You must not lose faith in humanity. Humanity is an ocean; if a few drops of the ocean are dirty, the ocean does not become dirty”. Canada is a society based around democracy; if the government grants themselves the absolute power to end a person’s life with a single sentence, there are bound to be negative repercussions. It is human nature to makes mistakes, but it is a virtue to learn from them. Instead of resulting to the death penalty as a punishment for committing a serious crime, society should have faith in that person’s ability to change, improve, and be rehabilitated. Moreover, the death penalty is an ineffective way to punish criminals when it comes to serious crimes. If anything, it is an escape for those who have no remorse for their actions. There is no reason to end the life of a human being, no matter how malevolent they are, as it does not benefit society in any way, shape, or form. One could argue that the offender would no longer be able to harm others, but that same result could come from a prison sentence. Furthermore, the rights outlined in the Universal Declaration of Human Rights and the Canadian Charter of Rights and Freedoms, are fundamental human rights that are not subject to a select group of people, but all of humanity. Capital punishment, no matter the reason, is essentially still murder, as the life of another human is being taken. Limitations must be set in order to separate humanity from the criminals it harbors. Society
Over time attitudes have changed in regards to punishment. Essentially punishments that took place in the past centuries are now seen as a violation of the 5th amendment deeming them as inhumane and harsh. Although there are punishments still in effect today one for example is the death penalty. Although public opinion is up for debate on whether or not it should still be allowed it is still an option. A factor that also dictates to how people respond to this method is on the situation that it is used. For instant if they committed murder, society would deem the death penalty as a more acceptable punishment for taking a life of another human being. On the other hand, certain people see all harsh punishments like the death penalty morally
Punishment is defined as “the infliction or imposition of a penalty as retribution for an offense” (“Punishment”). Some prominent theories of punishment include retribution, deterrence, rehabilitation, and the moral education theory. Although retribution, deterrence, and rehabilitation are all crucial components of punishment justification, independently the theories have weaknesses that avert the moral rationalization of punishment. I believe that Jean Hampton’s moral education theory is the best justification for punishment because it yields the most sympathetic and prudent reasons for punishment, while simultaneously showing that punishment cannot be justified by solely
Well First let me explain what capital punishment is. Capital punishment, the death penalty, or the execution of somebody is the infliction of death upon a person by a judicial process as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences.
Punishment has been in existence since the early colonial period and has continued throughout history as a method used to deter criminals from committing criminal acts. Philosophers believe that punishment is a necessity in today’s modern society as it is a worldwide response to crime and violence. Friedrich Nietzche’s book “Punishment and Rehabilitation” reiterates that “punishment makes us into who we are; it creates in us a sense of responsibility and the ability to take and release our social obligations” (Blue, Naden, 2001). Immanuel Kant believes that if an individual commits a crime then punishment should be inflicted upon that individual for the crime committed. Cesare Beccaria, also believes that if there is a breach of the
To begin with, it is necessary to say that punishment is an integral part of modern countries’ legal systems, because countries have a duty to protect society from wrongdoers and authorities could reach success in it by punishing offenders. Oxford English Dictionary defines punishment as the infliction or imposition of a penalty as retribution for an offence. There are four main purposes of punishment – incapacitation, deterrence, retribution and rehabilitation – and the aim of this paper is to
Capital punishment, or otherwise known as the death penalty, is death sentenced upon a person by the state as a punishment for a crime. These crimes are known as capital crimes or capital offenses. Capital punishment has been practiced in many societies; now 58 nations practice the death penalty, while 97 nations have abolished it. In the past, it was common for the ruling party to make the offender known throughout the community for his or her criminal act. Thus, if the community were made aware of the consequences for breaking the laws, the crime rate would reduce. Such criminal penalties included: boiling to death, disembowelment, crucifixion and many more. As time went on the movement towards more humane treatments took hold. In the