The “tough on crime” agenda refers to policies that emphasize punishment as the primary, and often exclusive response to crime. The conservative, or classical school of thought can be used to justify the “tough on crime” movement, as this schools view is based on the belief that offenders engage in criminal activity as a rational choice, and that punishment must be swift, certain, and severe in order to deter future criminals.
According to Welch, 2011, the primary reasons that crime occurs, from a classical school of thought’s …show more content…
Should such considerations be given to other ethnicities as well? Why/why not?
Section 718.2(e) of the Criminal Code addressing Aboriginal sentencing requires a judge to undertake the sentencing of Aboriginal offenders differently from non-Aboriginal offenders. The sentencing judge must consider the “unique systematic or background factors, which may have played a part in bringing that particular aboriginal offender before the courts.” Examples of these background factors include substance abuse, high rates of unemployment, community fragmentation, low incomes, lack of opportunities, lack of access to education, and the omnipresent discrimination within the Canadian justice system.
The sentencing judge should also consider “the types of sentencing procedures and sanctions which may be appropriate in the circumstances for the offender because of his or her particular Aboriginal heritage or connection” (Martins Criminal Code, 2013, p. 1451). Traditional Aboriginal approaches to sentencing often focus on restorative justice; an example would be sentencing circles. Attempting to conform Aboriginal offenders through traditional western sentencing methods may not be as effective in deterring recidivism, as separation from the community does not accord with traditional aboriginal methods of