Criminal sanctions Flashcards
Sanctions
If the accused is found guilty, or if they have pleaded guilty to the charge(s) before them, then the judge or magistrate will decide on the appropriate sanction to be imposed. Sanctions are the punishments imposed by courts.
5 aims of criminal sanctions
Punishment Deterrence Rehabilitation Denunciation Protection
Punishment
Offender should be punished to an extent and in such a manner that is just so that society can feel there has been retribution. It is necessary for society to feel that there has been revenge against the offender. If a person has done something totally unacceptable to society, such as causing great harm, the offender must be punished in some way so that the victim and society feels avenged.
Deterrence definition.
Then explain general and specific deterrence
The sanction should be such that it will deter the offender and other people from committing the same/similar offences. There was no threat of punishment, law and order would be virtually impossible to maintain. Sanctions are therefore aimed at discouraging other people from committing similar crimes.
This is known as general deterrence because it is aimed at deterring the general public. Sanctions can also be a specific deterrence in that they can deter the offender from committing the same offence again.
Rehabilitation definition
Does prison rehabilitate
One aim of sanctions is to assist offenders to change their attitudes and be ready to take their place in society. This could be by giving a bond or a community correction order to encourage rehabilitation rather than sending offenders to prison. A community correction order can also assist by requiring offenders to participate in training in a variety of skills.
Although prison is the sanction of last resort (because the offender is then forced to mix with known criminals), there are also programs carried out within prisons, such as trade training, aimed at assisting prisoners.
Denunciation
Denunciation refers to the disapproval of the court. A particular punishment may be given to show the community that the court disapproves of the offender’s conduct. For example, the judge may give a harsher sentence for a particularly violent rape and make comment about how the court is showing disapproval of this type of behaviour.
Protection
In some instances it is necessary to protect the community from the offender. In such cases the offender needs to be removed from society (put in prison) to be physically prevented from reoffending.
Fine
A fine is a monetary penalty paid by the offender to the court. If a fine is not paid the offender can be imprisoned or ordered to do community work under a fine default unpaid community work order.
How fines achieve the purpose of sanctions
Serves to punish the offender by requiring them to pay. It is a specific deterrence in that the offender may be deterred from reoffending. Members of society may also be deterred due to the possibility of having to pay. A court could give a high fine as a way of denouncing the particular crime showing disapproval of the crime committed. However, a fine is unlikely to help rehabilitate or protect.
CCO
A community correction order (CCO), formerly known as a community-based order, is a supervised sentence served in the community, and includes special conditions such as treatment and unpaid community work for a specified number of hours.
How CCOs achieve the purpose of sanctions
Punishment as it is a demand on the time of the offender. Conditions such as a curfew can also assist to punish the offender. A specific deterrence as having to do the work may discourage the offender from reoffending. Protects society as it occupies an offender at times when they may otherwise be committing crime. A CCO may also help to rehabilitate an offender because programs are provided to assist the offender to move away from criminal behaviour.
Imprisonment
People who have been convicted of a crime can be sentenced to be detained in jail for a period of time. This means a loss of their freedom and liberty.
How imprisonment achieves the purpose of sanctions
Explain punishment and protection
Evaluate rehabilitation
Evaluate denunciation
It removes the offender from society as a punishment for offending against society and as protection for society. Having a prison system leads to a safer society because serious criminals are kept out of society.
Imprisonment may lead to rehabilitation because of the various programs offered to prisoners, but it is more likely to lead to further crimes because of the influence of other prisoners and the difficulty of getting back into a normal life after having spent time in prison.
Courts can also impose long sentences on offenders by way of showing disapproval of the acts committed (denunciation). Imprisonment is likely to act as a general deterrence in that most people would be deterred from committing a crime by the possibility of going to prison. It may also act as a specific deterrence in that the offender will not want to go to prison again. However, because they mix with serious criminals while in prison, it may not be very effective as a specific deterrence.
Specific purpose of fines
To deter the individual and the community from offending. Where a large fine has been imposed, to denunciate – show the disapproval of the court
Specific purpose of CCO
To specifically deter the individual by requiring him or her to undertake community work or imposing some other condition To protect the community by occupying the time of the offender. To rehabilitate the offender by attaching conditions such as alcohol exclusion or treatment for drug abuse
