Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

legal studies 3/4 > 5 sentencing > Flashcards

5 sentencing Flashcards

1
Q

types of sanctions

A
  1. Imprisonment
  2. Court secure treatment order
  3. Drug and alcohol treatment order
  4. Youth justice centre order
  5. Youth residential centre order
  6. Community correction order (CCO)
  7. Fine
  8. Adjournment
  9. Discharge
  10. Dismissal
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

purpose of sanction

A

DR PEPPER DRINK

  • rehabilitation
  • punishment
  • deterrence (general and specific)
  • denunciation
  • protection
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

rehabilitation

A

reform an offender to prevent them from committing offences in the future

  • aim: assist offenders change their attitudes n behaviour
  • most appropriate sanction: CCO allows for participation in rehabilitative programs
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

punishment

A

penalise the offender and show society and the victim that criminal behaviour will not be tolerated

  • avoids the need for a victim to take matters into their own hands
  • judges evaluate and decide a punishment proportionate to the crime
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

deterrence

A

discourage the offender and others in the community from committing similar offences

  • general deterrence: discourage others in the community from committing similar offences
  • specific deterrence: discourage the offender from committing further offences
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

denunciation

A

demonstrate the community’s disapproval of the offender’s actions

  • displays the court’s lack of tolerance for this behaviour
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

protection

A

safeguard the community from an offender by preventing them from committing further offence

  • deprivation of liberty ensures the protection of their victims and the community
  • non-custodial sentences can keep the offender occupied + attach conditions that restrict their movement
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

fines

A

a sanction that requires the offender to pay an amount of money to the state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

considerations when imposing a fine

A
  • purposes that the court wishes to achieve
  • aggravating or mitigating factors
  • offender’s ability to pay
  • previous precedents set for the same offence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

how do fines achieve the purposes of sanctions?

A
  • punishment:
  • deterrence:
  • denunciation:
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

community corrections order (CCO)

A

a flexible, non-custodial sanction that the offender serves in the community, with conditions attached to the order

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

core conditions of CCOs

A
  • offender must NOT commit another offence punishable by imprisonment
  • offender must report to a specified CCC within 2 days of the order coming into force
  • must report to and receive visits from a CCO
  • must notify an officer of a change in address
  • must NOT leave VICtoria w/o permission
  • must comply w/ any directions of community corrections officers
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

special conditions of CCOs

A
  • unpaid community work
  • treatment and rehab programs
  • supervision
  • residence restriction or exclusion
  • curfew
  • alcohol exclusion
  • bond
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

how do CCOs achieve the purposes of sanctions?

A
  • punishment:
  • deterrence:
  • rehabilitation:
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

imprisonment

A

a sanction that involves removing the offender from society for a stated period of time and placing them in prison

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

cumulative sentence

A

where two sentences are imposed, and are to be served one after the other

17
Q

concurrent sentence

A

a sanction that is to be served at the same time as one or more other sentences

18
Q

indefinite sentence

A

a term of imprisonment that has no fixed end date, usually given to the most serious offenders

19
Q

sentencing factors

A
  • aggravating factors
  • mitigating factors
  • guilty pleas
  • impact of the crime on victims (victim impact statements)
20
Q

aggravating factors

A

facts or circumstances about an offender or an offence that can lead to a more severe sentence

21
Q

examples of aggravating factors

A
  • use of violence, explosives or a weapon
  • offence was premeditated
  • nature and gravity of the offence
  • any vulnerabilities of the victim
  • offender being motivated by hatred or prejudice
  • offence taking place in front of children or seen by them
  • breach of trust by the offender towards the victim
  • prior convictions of the offender
  • offence occurred while the offender was on a CCO, parole or bail
22
Q

mitigating factors

A

facts or circumstances about the offender or the offence that can lead to a less severe sentence

23
Q

examples of mitigating factors

A
  • offender showed remorse
  • offender has no prior criminal history or is of good character
  • offender was acting under duress
  • offender has shown efforts towards rehabilitation or has good prospects of rehabilitation
  • offender was under personal strain at the time or they have a unique background
  • effect that prison may have on the offender
  • injury or harm caused by the offence was not substantial, or there was no risk to any people
  • offender was young or had some disability that made them not fully aware of the consequences
  • offender pleaded guilty early
24
Q

guilty plea

A

when an offender formally admits guilt, which is then considered by the court when sentencing

  • can act as a mitigating or aggravating factor
25
Q

victim impact statement

A

a statement filed with the court by a victim that is considered by the court when sentencing. It contains particulars of any injury, loss or damage suffered by the victim as a result of the offence

26
Q

what you can include in your Victim Impact Statement

A
  • emotional impact
  • physical impact
  • social impact
  • financial impact
27
Q

what u should avoid in ur victim impact statement

A
  • DONT describe the crime more than what is necessary to explain how it affected you
  • DONT say what sentence you think the offender should get or what should happen to them
  • DONT mention other crimes the offender may have committed in the past
  • DONT give your opinion about the chance of the offender committing other crimes in the future
  • DONT give your opinion about the offender’s ability to change their ways
  • DONT give your opinion about the personality or character of the offender
  • DONT mention how the crime has affected other people
  • DONT mention other documents that you have not attached to your Victim Impact Statement, or that were not part of the court case
  • DONT use inappropriate or offensive language.

legal studies 3/4 (15 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions