Alternative approaches to sentencing Flashcards
Alternative approaches to sentencing:
- The Drug Court
- The Koori Court
- Diversion Programs
The Drug Court
A division of the Magistrate’s Court.
- established in 2002
- deals with offenders who commit crimes under the influence of drugs or to support a drug habit
Eligibility for the Drug Court
- offenders must live in certain areas
- plead guilty to offences of a non-sexual nature
- have a dependence on drugs
Process of the Drug Court
Those found suitable and willing to participate are given a treatment plan and a DTO.
DTO
Aims to rehabilitate the offender by providing a judicially supervised, therapeutically oriented drug or alcohol treatment program.
- can be cancelled if the offender is not participating properly
Conditions may include:
- attendance to the Drug court when required
- treatment for alcohol or drug dependency
- reporting to an officer
- submitting to drug or alcohol tests
- attending training programs
Strengths of the Drug Court
- addressing the underlying causes of offending
- cheaper than prison
- breaks the cycle of re-offending
- improved the health of participants
Weaknesses of the Drug Court
- limited access for offenders
- expensive to operate
- does not always reform the offender
The Koori Court
Division of both the Magistrate’s Court and the County Court.
- an informal sentencing court for indigenous offenders where elders from the aboriginal community are present during the sentencing
Eligibility for the Koori Court
- must be aboriginal
- plead guilty to an offence of a non-sexual nature
- consents to being sentenced in the Koori Court
Process of the Koori Court
Hearing takes place around a table and is attended by an Indigenous elder and an Indigenous justice worker
- Magistrate or judge determines the sentence but can receive advice from an elder
Strengths of the Koori Court
- informal atmosphere provides better experience for accused
- involvement of aboriginal community
- lower rates of recidivism
Weaknesses of the Koori Court
- limited access for offenders
- only a sentencing court
- aboriginal people are still over-represented in the criminal justice system
Diversion program
Let the offender avoid getting a criminal record by placing them on a program instead.
- first-time offenders considered to be low risk of re-offending
Eligibility for a diversion program
- offenders must acknowledge responsibility
- the prosecution and accused must consent
- offences must be not too serious
Process of a diversion program
When dealing with requests from an offender for diversion, the court must also seek input from the victim.
Diversion plans may involve
- offender receiving treatment or counselling
- apologising to or compensating the victim
- completing community work
