SOC 3740 Test 2 Upload

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TEST 2: PODCAST SCRIPT OF JANE HURSHMAN 1 Test 2: Podcast Script of Jane Hurshman Lazar Jovic Student ID: 1181301 University of Guelph SOC 3740 Chris Tatham December 4, 2023

TEST 2: PODCAST SCRIPT OF JANE HURSHMAN 2 Introduction Today we will look at the case of Jane Hursman where the thin line between justice and personal history blurs. Jane's story is one marked by a complex interplay of personal history, victimization, and the resulting consequences of her actions. This crime takes place in Bangs Falls, Nova Scotia. Jane’s case revolves around a crime in which she made a fateful decision to murder her abusive husband, Billy Stafford. Billy has had a history of being an abusive person in general. Since he was a child, he had been abusive this his parents, and was even known as bully into other people. Also, to his first wife Paulina and their family he has physically abused both Paulina and their five children. Faith, his second wife had also been a victim of Billy’s abusive behaviour. Then came his third wife Jane Hursman, who had also been victim to Billy’s abusive actions, except this time Jane was the wife to put an end to this once for all. The consequences were severe, as she found herself serving a life sentence behind bars. My first prompt delves into the intricacies of Jane's past victimization and its role in shaping the sentence she received. Should an offender's background play a pivotal role in determining the severity of their punishment? I'll explore the ethical dimensions surrounding this question, considering the interplay between personal history and legal consequences. My second prompt will discuss whether this case is of ‘leniency’ or justice served, and how was the sentence received by the public vs. the legal profession? The Impact of Past Victimization on Sentence Jane Hurshman's case brings to the forefront the pivotal question: should an offender's background influence the sentence they receive? Her history of being a victim of domestic abuse by both her husband and as a child played a profound role in the events that led to her husband's murder. Studies and psychological assessments emphasize the lasting trauma experienced by

TEST 2: PODCAST SCRIPT OF JANE HURSHMAN 3 victims of prolonged abuse. Hurshman's actions must be viewed through the lens of the trauma she endured, as it undoubtedly shaped her state of mind and decision-making at the time of the crime. Research suggests that victims of abuse often experience a range of psychological effects, including heightened stress, diminished self-worth, and distorted perceptions of reality. Stress cause victims to feel anger, shock, disbelief, or terror/fear. This causes victims to find it difficult to believe they are a victim of crime, they could be wanting to seek revenge to fulfill their desires, or even cause long-term terror/fear to those individuals (CRCVC, 2011). These factors can significantly impact their reactions and decision-making, especially in high-stress situations. As the abusiveness increases over time, the more severe mental illness gets and studies have shown that high levels of severe mental illness correlate with violence towards others (Latalova et al., 2014). In Jane's case, the trauma inflicted by her abusive husband likely influenced her perception of danger and her ultimate reaction to it. Therefore, it's imperative to consider the profound influence of her past victimization when evaluating the sentence, she received. Leniency vs Justice Served: Perception and Legal Opinion The sentence Jane Hurshman received which was life imprisonment, stirs a debate about whether it reflects leniency or justice. From a legal standpoint, the sentence might be perceived as just considering the gravity of the crime and the legal precedent for such cases. However, examining the public's reaction reveals a different narrative. Many in the public eye perceive Hurshman's sentence as excessively harsh, given the circumstances of her abuse. The public view sentences by severity for two reasons: Sentences vary substantially in severity, and for most people, severity is definitely the most noticeable feature of sentences (Doob, 2000). In particular, the public find the most important factor when considering sanction harm done to the victim according to the National Justice Survey 2016 (Department of Justice, 2017). This disparity

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TEST 2: PODCAST SCRIPT OF JANE HURSHMAN 4 between public perception and legal judgment raises critical questions about the alignment of justice with societal values and empathy. The legal profession, while upholding the law, might sometimes struggle to account for the intricacies of human experience and the complexities of victimization. This case highlights the tension between legal rigidity and a complex comprehension of individual circumstances, igniting arguments about the sufficiency of sentencing guidelines and the need for more nuanced considerations. Redefining Justice: Contextual Sentencing Jane Hurshman's case necessitates a reevaluation of our justice system's approach to sentencing. It urges a shift towards contextual sentencing (or the new penology) that considers the unique circumstances and backgrounds of offenders such as emphasizing system management, probability, and risk (Feeley & Simon, 1992). The rigidity of sentencing guidelines often fails to account for the complexities of human experience and the psychological impact of past victimization. While the new penology prioritizes the management of deviance, Jane's case calls for a reevaluation of this approach. Her story emphasizes the necessity of acknowledging an offender's background, trauma, and psychological state in sentencing. It challenges the system's tendency to manage risk at a macro level without considering the transformative potential of understanding and addressing individual circumstances (Feeley & Simon, 1992). With that being said, Jane Hurshman's case underscores the need for a understanding of an offender's background in sentencing. It challenges us to rethink the balance between accountability and empathy in the pursuit of justice, urging the legal system to evolve towards a more contextual and compassionate approach.

TEST 2: PODCAST SCRIPT OF JANE HURSHMAN 5 Discussion When the outcome of Jane's trial and subsequent sentencing is considered, it is clear that justice is a complicated concept, deeply linked with the intricacies of human history, society perspectives, and legal frameworks. The case of Jane Hurshman exemplifies the intricate relationship between an offender's background and the severity of their punishment. Her history as a victim of both childhood and spousal abuse significantly influenced her actions, shaping her perception of danger and influencing her ultimate decision to confront her abusive husband in a manner that resulted in his death. Research and psychological assessments affirm that individuals subjected to prolonged abuse often experience a great number of psychological effects, distorting their perceptions and impacting their decision-making abilities. Stress and fear, ingrained by sustained abuse, can manifest in drastic actions, complicating the evaluation of culpability and intentionality in a crime. The disparity between legal judgment and public perception of Jane's sentence further underscores the complexity of justice. While the legal system might adhere to precedent and legal guidelines in determining sentences, public sentiment often leans towards empathy, considering the circumstances and the harm inflicted upon the victim. This disparity highlights the challenge in aligning justice with societal values and the empathy necessary to comprehend the complexities of individual experiences. Considering broader trends in Canadian corrections and punishment, Jane Hurshman's case prompts a reevaluation of the current sentencing paradigms. The traditional rigidity in

TEST 2: PODCAST SCRIPT OF JANE HURSHMAN 6 sentencing guidelines fails to accommodate the complexities of an individual's background and trauma, emphasizing the need for a shift towards contextual sentencing. The principles outlined by Feeley & Simon regarding the "new penology," focusing on system management, risk, and probability, clash with the necessity for a more empathetic, nuanced approach that acknowledges an offender's history and psychological state. A fair sentence, in essence, must strike a delicate balance between accountability and empathy, considering not only the gravity of the crime but also the mitigating factors rooted in an offender's background and trauma. The roles played by the offender, victim, and public in crafting a sentence are multifaceted. While legal frameworks aim for accountability, the public's perception often considers the harm inflicted and empathizes with the circumstances surrounding the crime. Importantly, even after an offender serves their sentence, the repercussions of a criminal conviction persist, impacting various aspects of their life, including social stigma, employment opportunities, and personal relationships. The enduring effects of a criminal conviction raise questions about the efficacy of rehabilitation and reintegration into society after serving time. Jane Hurshman's case challenges the conventional notions of justice and punishment. It necessitates a reexamination of sentencing practices, urging a shift towards a more empathetic and contextual approach that considers an offender's background, trauma, and psychological state. This case serves as a basis for discussions about the complexities of corrections, penology, and crime, offering an opportunity to refine our understanding of justice and its application within the Canadian legal system. Conclusion

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TEST 2: PODCAST SCRIPT OF JANE HURSHMAN 7 With all being said, Jane Hurshman's case exemplifies the intricate relationship between an offender's history and the severity of their punishment. Her past victimization significantly influenced her actions, shaping her perception of danger and influencing her decision to confront her abusive husband. This underscores the complexities of evaluating culpability in crimes involving prolonged abuse, where stress and fear can distort an individual's reactions. The disparity between legal judgment and public perception highlights the challenge of aligning justice with societal values. It emphasizes the need for a more empathetic approach in legal proceedings, one that considers an offender's background and trauma. This prompts a reconsideration of sentencing models, advocating for contextual sentencing that balances accountability with empathy. Jane Hurshman's case urges a critical reevaluation of Canadian sentencing practices, emphasizing the necessity for a more critical understanding of justice. It sparks discussions about corrections, rehabilitation, and societal reintegration post-sentence. Ultimately, her case challenges conventional notions of justice, advocating for a system that evolves to accommodate individual experiences while upholding fairness and societal values.

TEST 2: PODCAST SCRIPT OF JANE HURSHMAN 8 References CRCVC. (May 2011). Canadian Resource Centre for Victims of Crime. https://crcvc.ca/wp- content/uploads/2021/09/The-Impact-of-Victimization_may2011.pdf Doob, A. N. (2000). Transforming the punishment environment: Understanding public views of what should be accomplished at sentencing. Canadian Journal of Criminology and Criminal Justice, 42 (3), 323 Feeley, M. M., & Simon, J. (1992). THE NEW PENOLOGY: NOTES ON THE EMERGING STRATEGY OF CORRECTIONS AND ITS IMPLICATIONS. Criminology (Beverly Hills) , 30 (4), 449–474. https://doi.org/10.1111/j.1745-9125.1992.tb01112.x Latalova, K., Kamaradova, D., & Prasko, J. (2014). Violent victimization of adult patients with severe mental illness: a systematic review. Neuropsychiatric Disease and Treatment, 10(default), 1925–1939. National Justice Survey: Canada’s Criminal Justice System. (2017) . Department of Justice Canada

SOC 3740 Test 2 Upload

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