Sentences with phrase «on general deterrence»

Reliance on general deterrence as the primary sentencing objective in drug cases, and mechanical adherence to fixed sentence ranges, are driven in tandem by appellate court rulings based in a doctrinal adherence to a discredited objective.

Countless comparative studies have been done demonstrating that capital punishment has no discernible effect on general deterrence in conventional criminal cases.

Not exact matches

Hard - core drinking drivers are a problem, but it's a mistake to spend too many resources on programs that target them specifically, at the expense of general deterrence.

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against sentence was allowed — Trial judge erred in concluding that discharge was not appropriate in circumstances, especially given conclusion that accused did not deliberately attempt to injure victim — Trial judge found that there was no need for either specific deterrence or general deterrence; prime concern was need for denunciation of her conduct — Section 730 of Criminal Code permits discharge in cases of this nature, provided that it was in best interest of accused and not contrary to public interest — Accused was responsible individual with no record whatsoever, she held position as counsellor and social worker for 25 years — Trial judge did not find that conviction would definitely affect her employment, but possibility existed, and such conviction would necessarily result in criminal record — There was no likelihood of re-offending — Conditional discharge would not be contrary to public interest.

But on the other hand, this could be very effective for general deterrence.

We throw people in jail to convince the incarcerated individual to shape up, and to send a message to his friends on the outside that if they break the law as he did, they too will be sent to jail — specific and general deterrence respectively.

While I take David's point that the efficacy of general deterrence is always debatable, if we want to take a stand against a deterrence rationale for punishment, let us make it on a case where a man or woman is serving a prolonged jail sentence solely in the name of deterring others, not where a company has simply been driven into bankruptcy by a gross and tragic mistake.