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Does the public really want tougher laws?

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by

Andy Shi

on 23 September 2013

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Transcript of Does the public really want tougher laws?

Does the public really want tougher laws?
What do we mean by this?
-Tougher laws : Bills that impose harsher sentencing for offenders.
-In the Canadian Specific case, Harper Government introduced Bill C-10 Safe Streets and Communities Act
-Is it in the interest of Canadian citizens to 'act tougher' against offenders?
Outline
-The tough on crime ideological root
-The Canadian version of tough crime law: Bill C-10
-The intentions of tougher criminal laws
- Limitations of tough on crime policies
-Examples of the past
-Conclusions

The classical school:
The Causation of crime: lack of discipline in society, traditional values and norms have been broken, hedonistic calculus (Free-will)
Crime Prevention Strategies : Re-establish social order and discipline, reassertion of traditional Canadian values, Punishments must be swift, certain and severe.
Focus of reparation: victims of criminal injuries, and innocent citizens.

Bill C-10
-Elimination of the faint hope clause
-restriction on conditional sentencing
-Elimination of "two for one" policy
-Introduction of mandatory minimum sentence
-adult sentence for young offender
-longer waiting period for pardon
- abolition of the accelerated parole review
The intention of tougher law
Why tougher laws?
-General and specific deterrence of violent and sex offenders.
-Removal of these offenders from society
-Protection of victim
-Some believe this creates greater social order and solidarity in society.
Conservative Perspective of Crime
What are the possible consequences?
Whats your decision?
Tamara, a mother of 4 is faced with prosecution for
trafficking of marijuana.
She attempted to mail 4 grams of
marijuana through the post office.
How would you sentence her?
The consequence and limitation of the tough on crime policy
-Jail more often, for longer , and with more lasting consequences
-Research shows that longer confinement increase the likelihood of offending
-It pits the offender against the CSC
-There is no attempt to reform and rehabilitate the offender
-Decrease in discretion for the judiciary
- "unusual and cruel" also not "least
restrictive"
Example from Texas
2005-2010 Texas Justice Statistics
-When the incarceration rate in Texas was dropped to9%, the crime rate was also lowered to 12.8%
-Instead of putting offenders in the prison, they spent their money on rehabilitating offenders (Drug treatment).
Conclusion
-Tough on crime policies do not deter crime and it is economically inefficient
-The Criminal Justice System should pursue individualized treatment programs that are designed to prevent recidivism
-Tough on crime policies reflect "penal populism."
Limitations
-The tough on crime laws do sometimes incapacitate dangerous offenders
-The affect of denouncing violent or sex offenders brings solidarity to society.

Discussion question
1.How would Bill C-10 affect the over-representation of aboriginal offenders in Canadian Correctional system?
2.Do you think tough on crime policies
would help with decrease or deter drug offense? Why?
Full transcript