5.2 The Purposes of Sanctions Flashcards
Rehabilitation
one purpose of a sanction, designed to reform an offender in order to prevent them from committing offences in the future
Rehabilitation
SOK
Means that it is in society’s best interests that the offender learns from their mistake and changes their life and attitude so that they don’t want or need to commit further crimes.
Community Correction Order (CCO)
a flexible, non-custodial sanction [one that does not involve a prison sentence] that the offender serves in the community, with conditions attached to the order
Punishment
one purpose of a sanction, designed to penalise [punish] the offender and show society and the victim that criminal behaviour will not be tolerated
Punishment
SOK
Punishment means hardship. Bry breaking the law, the offender has hurt another individual and/or society. The concept of ‘retribution’ means we often want to see the offender pay for this by suffering some hardship in return, as punishment.
Deterrence
one purpose of a sanction, designed to discourage the offender and others in the community from committing similar offences
General Deterrence
one purpose of a sanction, designed to discourage others in the community from committing similar offences.
General Deterrence
SOK
Is where other members of society see the sanction given and, because they want to avoid receiving the same consequence, they are discouraged from committing the same crime. The theory is, if the sanction is enough, some potential offenders may think twice about committing the offence. This is called general deterrence because it is concerned with deterring the general public.
Specific Deterence
one purpose of a sanction, designed to discourage the offender from committing further offences.
Specific Deterrence
SOK
Is where the offender themselves does not want to receive that consequence again, so they are discouraged from offending again in the future, to avoid receiving another sanction.
Denunciation
one purpose of a sanction, designed to demonstrate the community’s disapproval of the offender’s actions.
Denunciation
SOK
Is when society, through the court, expresses disapproval of the criminal behaviour. Denouncing the offender’s behaviour means sending a clear message that it is not acceptable.
Protection
one purpose of a sanction, designed to safeguard the community from an offender by preventing them from committing further offence (e.g. by imprisoning the offender).
Protection
SOK
Refers to the safety of the community. If the sanction removes the offender from society or restricts their free behaviour in some way, it may make it more difficult for them to reoffend and harm people..
Indefinite Sentence
a term of imprisonment that has no fixed end date, usually given to the most serious offenders.
What are the purposes of sanctiosn
list in opposing order
- Punishment
- Protection
- Denunciation
- Deterrence
- Rehabilitation
How is rehabilitation achieved?
- CCOs requiring training or treatment
- Prison programs - skills / anti-violence / education
- Torch Program - First Nations prisoners in art and connection
- Family Connection Programs for prisoners
What determines the abilty and relevance of rehabilitation
Ability: on offender, programs available + length of sentence
Relevance: demonstration of remose (guilty plea, cooperation, addressing behaviour)
Rehabilitation is a positive motivation
What is the purpose of punishment?
- avoids victim taking matter into their own hands
- must be proportionate tho (excessive punishment = vengeance)
- often a purpose in serious crimes
s5(1) Sentencing Act 1991 (Vic) - to punish the offender to an extent and in a manner which is just in all of the circumstances
Punishment = Punitive
When is Deterrence and Denunciation prioritised?
- according to justice legislation miscellaneous amendment act 2018 (vic) - all category 1 offences must prioritise general deterrence and denunciation over other purposes.
What affects the ability and relevance of general deterrence
relevance: in serious crimes; needed to discourage
success: depends on people knowing the sentence is imposed - also their understanding of it (e.g. perception of CCOs)
What affects the ability and relevance of specific deterrence
- court consideres prior convicitons, risk of recidivism, remorse
What affects the ability and relevance of protection
ability - nature of sanction (e.g. CCO & imprisonment to fine)
relevance: when the offender refuses rehabilitation programs, no remorse, significant history
indefinite sentences + parliament
Long-term and short-term protection
what is the most import purpose of a sanction
the court must regard the protection of the communiy from the offender as the principal purpose and may in order to achieve that purpose, impose a sentence longer than that which is proportionate to the gravity of the offence ocnsidered in light of its objective circumstnaces
s6D Sentencing Act 1991 (Vic)
