Aims of punishment

Question 1

(INTRO) Sentencing ins Tasmania must …

Answer 1

• balance societal, victim, and offender interests,
• objectives including Punishment, deterrence, rehabilitation, and denunciation, protection.

Question 2

(INTRO) What are the three key concepts

Answer 2

• Retribution ensures offenders face proportionate consequences,
• deterrence prevents crime,
• rehabilitation reforms offenders, and public protection safeguards the community, which is a stated priority in the Sentencing Act 1997 (TAS)

Question 3

(INTRO) What are the two sides to take

Answer 3

“jailing is failing” versus “tough on crime” reflect differing views on how best to achieve these aims.

Question 3

(INTRO) What are the other key regulatories

Answer 3

• Youth Justice Act 1997 (TAS) provides the legal framework, guiding judges and magistrates in fair and just sentencing.
• Sentencing Advisory Council contribute by offering expert advice and public consultation to ensure that sentencing practices are in line with community values

Question 4

(INTRO) what will be considered

Answer 4

imprisonment and suspended sentencing in achieving these punishment aims within Tasmania’s legal system.

Question 5

(SC) What do jusgdes & magirstrate evlaute when senatcing

Answer 5

• the circumstances surrounding both the offender and the offence, considering factors such as aggravating or mitigating circumstances, the seriousness of the offence, the offender’s culpability, prior convictions, and the offender’s plea and cooperation with authorities.

Question 6

(SC) what is the most important thing to cinsider

Answer 6

Victim Impact Statements are also considered, allowing the court to understand the emotional, psychological, and financial effects on the victim.

Question 6

(SC) sentencing must consider what

Answer 6

magistrates and judges must ensure
- proportionality and fairness,
- aligning the sentence with the crime’s severity
- ensuring equity for all parties involved.

Question 7

(SC) What is the guding legislation adn what does it do

Answer 7

The Sentencing Act 1997 (TAS) highlights community protection as a primary consideration in sentencing decisions. Magistrates and judges strive to impose sentences that are not excessively harsh or lenient, balancing the need for punishment with the offender’s potential for rehabilitation.

Question 8

(SC) what is weighed up agsinst each other

Answer 8

• offender’s capacity for reform against the necessity of punitive measures, reflecting the tension between rehabilitation and punishment.
• the principle of totality, ensuring that the overall sentence is just and proportionate.
• the financial implications of custodial and non-custodial sentences, aiming to deliver cost-effective and fair outcomes while prioritising community safety.

Question 9

(IMP) What aims does it furfill

Answer 9

This sentencing option aims to fulfil several key punishment goals: it ensures public protection by removing offenders from society, and it acts as a strong deterrent and denunciation, signalling societal disapproval of criminal behaviour.

Question 9

(IMP) What is improsinmnet

Answer 9

Imprisonment involves incarcerating offenders in a prison, serving to incapacitate and punish them by depriving them of freedom.

Question 10

(IMP) what aims is it unsucessful at

Answer 10

imprisonment faces significant challenges in terms of effectiveness. High recidivism rates, with 62% of offenders in Tasmania reoffending and 51% returning within two years, underscore its failure in achieving specific deterrence.

Question 11

(IMP) What does the tlri say

Answer 11

The Tasmanian Law Reform Institute in 2008 recommended that imprisonment be used as a last resort, citing its limitations and the negative impacts on rehabilitation efforts.- Furthermore, imprisonment accounts for only about 10% of all convictions in Tasmania, reflecting its use as a relatively rare form of punishment compared to non-custodial options.

Question 12

(IMP) How is it categorised

Answer 12

Sentencing is broadly categorised into custodial, non-custodial, and semi-custodial penalties. Many criminals do not expect to be caught, diminishing the general deterrent effect of imprisonment.

Question 13

(IMP) How is rehablitation handeld in tasmania

Answer 13

Additionally, rehabilitation programs within prisons are often underfunded and inadequate, limiting their ability to reform offenders. The high costs associated with incarceration further strain public resources, raising questions about the overall efficacy and sustainability of imprisonment as a primary sentencing option.

Question 13

(IMP) What does reciddvidm revela

Answer 13

Critically, the high recidivism rates in Tasmania, which are 10% higher than the national average, indicate a pressing need for alternative sentencing options that better address the aims of punishment.

Question 14

(IMP) what does greg barnes think

Answer 14

Furthermore, due to the bottleneck of cases following COVID-19, many offenders are being held on remand for extended periods, often in the Reception Prison, which is designed only for short-term stays. According to Greg Barnes, this prison, meant for temporary holding of individuals awaiting bail or trial, is not equipped for long-term rehabilitation; thus, leaving individuals there for years is “appalling.” These conditions highlight the need for alternative approaches that emphasize reform over mere containment.

Question 14

(IMP) what are alternatives

Answer 14

Effective rehabilitation, community-based programs, and restorative justice initiatives are increasingly viewed as viable alternatives that can reduce reoffending and better integrate offenders back into society.

Question 15

(IMP) how does it compare to scandanavia

Answer 15

Scandinavian countries offer compelling alternatives, focusing on rehabilitation with much lower recidivism rates—about half of Tasmania’s rate, at 20%. Their approach underscores the importance of treating offenders with the intent to reintegrate them into society successfully. Additionally, the financial and social costs of long-term incarceration prompt further consideration of rehabilitation-based strategies.

Question 16

(SS) What is suspended senatcing and who is it defned by

Answer 16

This option aims to balance punishment and rehabilitation.

Question 17

(SS) HOW os it percived

Answer 17

While the media often portrays suspended sentencing as overly lenient, this view is not widely shared by the public.

Question 18

(SS) How does it furfill the aims

Answer 18

However, they are not typically assigned in cases requiring protection, as they do not incapacitate the offender. The threat of activation serves as a specific deterrent, though suspended sentences have limited general deterrence

Question 19

(SS) what does recidvidm rates reveal

Answer 19

Challenges to the effectiveness of suspended sentencing include recidivism rates of 42% for wholly suspended sentences and 44% for partly suspended sentences.

Question 20

(SS) what are the latneratives

Answer 20

These alternatives aim to enhance rehabilitation and public protection without relying on full-time incarceration.

Question 21

(SS) what does the government feel

Answer 21

Comparatively, Tasmania, like Victoria and New South Wales, has moved towards these alternatives, aiming to enhance both rehabilitation and public safety.

Question 22

(SS) what are some statistics to support this

Answer 22

SAC noting that phasing out suspended sentences would prevent costs amounting to up to $50 million per year (sentencing advisory council).

Question 22

(SS) eval

Answer 22

Despite these challenges, suspended sentencing remains a viable option for certain offenders, offering a balance between rehabilitation opportunities and the imposition of a conditional threat to enforce compliance.