Chapter 5.5 Flashcards

imprisonment

1
Q

What is imprisonment?

A

People who have been convicted of a crime (usually, for serious crimes) can be sentenced to
imprisonment. This means they will be removed from society and have to spend time in prison, losing
their freedom and liberty.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

parole

A

the supervised and
conditional release of
a prisoner after the
minimum period of
imprisonment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

non-parole period

A

the minimum term a
prisoner must serve
before they can be given
parole

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

remand

A

the situation where
an accused is kept
in custody until their
criminal trial can
take place

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Concurrent and cumulative sentences

A

Concurrent Sentences: Multiple sentences are served simultaneously. For instance, a six-month sentence for theft and a two-year sentence for assault served concurrently means the offender serves a total of two years in prison.

Cumulative Sentences: Sentences are served one after the other. Using the same example, if sentences are served cumulatively, the offender would serve a total of two years and six months. Cumulative sentences are required for:
- Certain serious offences (e.g., arson, certain drug, sexual, and violent crimes)
- Default imprisonment for non-payment of fines
- Offences committed by prisoners or escape offences
- Offences committed while on parole or bail

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

concurrent sentence

A

a sanction that is to be
served at the same time
as one or more other
sentences; usually
given in relation to two
terms of imprisonment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

cumulative sentence

A

where two sentences
are imposed, and are
to be served one after
the other; for example
a term of imprisonment
is to be commenced
after the first term is
served

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Indefinite sentences

A

If a person (other than a young person) is convicted by the Supreme Court or the County Court of a
serious offence
The court can only impose an indefinite sentence if it is satisfied, to a high degree of probability,
that the offender is a serious danger to the community because of:
* their character, past history, health, age or mental condition
* the nature and gravity of the serious offence
* any special circumstances.
An indefinite sentence is a type of imprisonment without a set end date, meaning the offender is not given a specific release date. Instead, the sentence lasts until the court is satisfied that the offender no longer poses a serious danger to the community.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Sentencing purposes of
imprisonment

A

The primary purposes of imprisonment are punishment,
protection, deterrence and denunciation, given it is the most
serious sanction that can be imposed and results in a loss
of liberty. However, rehabilitation can also be achieved in
some circumstances.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

punishment purpose of imprisonment

A

depending on how
long the term is,
imprisonment can
achieve punishment
given its punitive
nature and the fact
that offenders lose
their freedom.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

specific deterrence of imprisonment

A

imprisonment can
achieve specific
deterrence given
the nature of
imprisonment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

general deterrence purpose of imprisonment

A

imprisonment can
act as a general
deterrence because
of its custodial
nature and given the
seriousness of the
sanction.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

denunciation purpose of imprisonment

A

by taking away a
person’s liberty,
imprisonment sends
a strong message
to the community
that this type of
behaviour is not
acceptable.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

rehabilitation purpose of imprisonment

A

rehabilitation can be
achieved depending
on the offender and
the programs.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

protection purpose of imprisonment

A

protection is
achieved as the
offender is removed
from society, but
there should also
be consideration
to long-term
protection.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Factors to consider when assessing the ability of imprisonment to achieve the purpose of punishment

A
  • Length of Imprisonment: A longer prison term usually imposes a greater restriction on freedom and acts as a harsher punishment, though even a short term can be significant due to the loss of liberty.
  • Offender’s Circumstances: The effectiveness of imprisonment as a punishment can vary based on the offender’s circumstances. For instance, a mentally disabled offender who does not comprehend the impact of imprisonment may not experience the intended punitive effect.
17
Q

Factors to consider when assessing the ability of imprisonment to achieve the purpose of specific deterence

A
  • Length of Imprisonment: A longer prison term can act as a stronger deterrent by significantly restricting freedom, but its effectiveness can vary by offender.
  • Offender’s Circumstances: The deterrent effect of imprisonment may depend on the offender’s situation, such as a mental disability, which might prevent them from fully understanding or being deterred by the punishment.
  • Nature of Imprisonment: Research indicates that prison time can sometimes normalize violence and reinforce criminal behavior. Exposure to negative influences or learning harmful behaviors in prison can undermine the deterrent effect.
18
Q

Factors to consider when assessing the ability of imprisonment to achieve the purpose of general deterence

A
  • Offender’s Circumstances: General deterrence may be ineffective if the offender’s unique situation or illness means that the sentence does not resonate with or deter the general public.
  • Length of Sentence: Longer sentences are likely to serve as a stronger general deterrent, conveying a clearer message to the community about the unacceptability of the behavior.
19
Q

Factors to consider when assessing the ability of imprisonment to achieve the purpose of denucntion

A
  • Length of Sentence: Longer prison terms are more likely to convey a stronger message about the severity of the crime, while shorter terms may not have as much impact.
  • Communication to the Public: Effectively communicating sentences to the public is crucial to ensure that people understand that certain behaviors are unacceptable and may lead to imprisonment.
20
Q

Factors to consider when assessing the ability of imprisonment to achieve the purpose of rehabilitation

A
  • Programs Available: Rehabilitation depends on the availability and suitability of programs tailored to the offender’s needs, such as those promoting family connections.
  • Willingness to Participate: Voluntary participation is crucial for effective rehabilitation; forced participation may not address underlying issues.
  • Prospects of Rehabilitation: The court considers factors like remorse and criminal history to assess an offender’s likelihood of successful rehabilitation.
  • Addictions: Addressing any existing addictions is vital; failure to do so can lower rehabilitation prospects.
  • Length of Sentence: Longer sentences can hinder rehabilitation, while shorter terms may facilitate a focus on rehabilitation and provide motivation, depending on the nature of the offence and the offender.
21
Q

Factors to consider when assessing the ability of imprisonment to achieve the purpose of protection

A
  • Length of the Sentence: Longer sentences offer more protection to society by keeping the offender away from the community for a greater period. Indefinite sentences provide ongoing protection if the offender is deemed a continuing threat.
  • Circumstances of the Offender: The risk to society depends on the offender’s attitude towards treatment and their criminal history. Offenders with many prior convictions or who resist treatment may pose a higher risk of reoffending.
  • Treatment and Rehabilitation: The effectiveness of protecting society also depends on the offender’s participation in rehabilitation programs. Successful treatment and addressing underlying issues, such as drug addiction, are crucial for reducing future offending.