Chapter 5.2 Flashcards
the purpose of sanctions
The purposes of sanctions
The purposes of sanctions are set out in section 5(1) of the Sentencing Act and are:
* rehabilitation
* punishment
* deterrence (general and specific)
* denunciation
* protection.
A sentencing judge must take these purposes into consideration when imposing a sentence
Rehabilitation
One key purpose of sanctions is rehabilitation, which focuses on addressing the underlying causes of offending and treating the offender accordingly. For instance, if an offender’s crime was influenced by a drug or alcohol addiction, rehabilitation will target that addiction. The goal is to change the offender’s attitude and behavior to prevent reoffending, benefiting both the individual and the community by reducing future criminal behavior.
how rehabilitation can be achieved
Rehabilitation can be achieved through measures like community correction orders (CCOs), which may require offenders to engage in skills training or drug and alcohol treatment. Even though imprisonment is a last resort, prisons offer rehabilitation programs, including life skills training, drug treatment, anti-violence programs, and employment and education opportunities to help offenders reintegrate successfully upon release.
how would rehabilitation be relevant
For rehabilitation to be considered in sentencing, the offender must show remorse, typically through actions like early guilty pleas, cooperation with police, or efforts to address their behavior.
punishment
Punishment serves to penalize offenders for committing unacceptable acts against society, ensuring that justice is perceived by victims and the community. It is often combined with purposes such as deterrence or denunciation. punishment must be proportionate to the offence committed. An
overly harsh sanction should not be imposed if it does not match the offending; likewise, a sanction that
is too lenient may not act as enough of a punishment.
purpose of punishment
Punishment is a key purpose of sanctions in serious or violent cases, such as those involving death, serious injury, dangerous driving, or sex offenses. While imprisonment is commonly associated with punishment, other sanctions like fines can also serve to penalize offenders, including individuals or companies involved in crimes such as workplace safety violations.
Deterrence
deterrence, which is aimed at discouraging people from committing
similar crimes. whether deterrence is relevant will depend on the circumstances
of the case.
There are two types of deterrence: general deterrence and specific deterrence
General deterrence
The purpose of general deterrence is to discourage or deter others from committing offences because they see the consequences of committing the crime.
This is crucial for serious offenses like homicide and sexual crimes. For general deterrence to be effective, sentences must be publicly communicated and well-understood. If the public is unaware of or does not fully understand the sentences imposed, they may not serve as an effective deterrent. Common sanctions like imprisonment and fines are widely recognized, but less familiar sanctions, such as Community Correction Orders (CCOs), may not be as impactful in deterring potential offenders
Specific deterrence
Sanctions can also act as specific deterrence. This is when the court seeks to discourage a particular
offender from engaging in criminal activity in the future.
One of the more important factors that is relevant to whether an offender will be specifically
deterred is whether the offender has prior convictions (that is, has committed crimes before). If they have committed crimes before, they may be at risk of offending again, and so deterring the offender
may be a high priority for the court.
On the other hand, specific deterrence may not be as significant if the offender is remorseful, is a
first-time offender or if the circumstances of offending are unique.
Denunciation
Denunciation refers to the disapproval of the court. A sanction may be given to show the community
that the court and society disapproves of and condemns the offender’s conduct. Denunciation is the court’s way of expressing societal disapproval of an offender’s actions. A severe sentence may be imposed to show that the court and society condemn certain behaviors, such as violent rape, family violence, or crimes driven by prejudice. This approach underscores that such conduct is unacceptable. However, there are cases where rehabilitating the offender may take precedence over public denunciation. The balance between these goals depends on the nature of the offense and its significance to community values.
Protection
The purpose of protection is to ensure that the community is safe from any further harm that can be
caused by the offender.
Sometimes it is necessary to remove an offender from the community (put them in prison) to achieve
this aim, because the offender is physically prevented from reoffending.
Protection may be particularly relevant where an offender refuses to participate in treatment or
rehabilitation programs (and so there is a greater risk that the underlying causes of offending will result
in further offending), where there is no sign of remorse, or where there is significant criminal history
such that it is very possible the offender will harm again.
indefinite sentence
a term of imprisonment
that has no fixed end
date, usually given
to the most serious
offenders
