Aims of punishment Flashcards
(INTRO) Sentencing ins Tasmania must …
- balance societal, victim, and offender interests,
- objectives including Punishment, deterrence, rehabilitation, and denunciation, protection.
(INTRO) What are the three key concepts
- 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)
(INTRO) What are the two sides to take
“jailing is failing” versus “tough on crime” reflect differing views on how best to achieve these aims.
(INTRO) What are the other key regulatories
- 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
(INTRO) what will be considered
imprisonment and suspended sentencing in achieving these punishment aims within Tasmania’s legal system.
(SC) What do jusgdes & magirstrate evlaute when senatcing
- 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.
(SC) what is the most important thing to cinsider
Victim Impact Statements are also considered, allowing the court to understand the emotional, psychological, and financial effects on the victim.
(SC) sentencing must consider what
magistrates and judges must ensure
- proportionality and fairness,
- aligning the sentence with the crime’s severity
- ensuring equity for all parties involved.
(SC) What is the guding legislation adn what does it do
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.
(SC) what is weighed up agsinst each other
- 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.
(IMP) What aims does it furfill
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.
(IMP) What is improsinmnet
Imprisonment involves incarcerating offenders in a prison, serving to incapacitate and punish them by depriving them of freedom.
(IMP) what aims is it unsucessful at
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.
(IMP) What does the tlri say
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.
(IMP) How is it categorised
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.
(IMP) How is rehablitation handeld in tasmania
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.
(IMP) What does reciddvidm revela
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.
(IMP) what does greg barnes think
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.
(IMP) what are alternatives
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.
(IMP) how does it compare to scandanavia
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.
(SS) What is suspended senatcing and who is it defned by
This option aims to balance punishment and rehabilitation.
(SS) HOW os it percived
While the media often portrays suspended sentencing as overly lenient, this view is not widely shared by the public.
(SS) How does it furfill the aims
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
(SS) what does recidvidm rates reveal
Challenges to the effectiveness of suspended sentencing include recidivism rates of 42% for wholly suspended sentences and 44% for partly suspended sentences.
(SS) what are the latneratives
These alternatives aim to enhance rehabilitation and public protection without relying on full-time incarceration.
(SS) what does the government feel
Comparatively, Tasmania, like Victoria and New South Wales, has moved towards these alternatives, aiming to enhance both rehabilitation and public safety.
(SS) what are some statistics to support this
SAC noting that phasing out suspended sentences would prevent costs amounting to up to $50 million per year (sentencing advisory council).
(SS) eval
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.
