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Legal studies > Purposes and types of sanctions > Flashcards

Purposes and types of sanctions Flashcards

1
Q

What is a sanction?

A

A penalty imposed by a court on a person guilty of a criminal offence.

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2
Q

When are sanctions imposed?

A

When accused pleads guilty, or is found guilty by court.

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3
Q

Who imposes sanctions?

A

The judge or Magistrate.

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4
Q

What are the 5 purposes of sanctions?

A

Rehabilitation, punishment, deterrence, denunciation and protection.

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5
Q

Purposes of sanctions:

Rehabilitation.

A

To reform offender by addressing underlying reason for their offending

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6
Q

What is the aim of rehabilitation?

A

To prevent repeated offences in the future.

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7
Q

How does rehabilitation apply to youth in sentencing?

A

Rehabilitation must be the priority to achieve for youth.

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8
Q

How is rehabilitation achieved?

A
  • CCO’s
  • Some programs within prison.
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9
Q

Purposes of sanctions:

Punishment

A

To penalise offender and show society and victim that criminal behaviour is not tolerated.

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10
Q

Purposes of sanctions:

Deterrence

A

To discourage offender and others in community from committing similar offences

General and specific deterrence.

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11
Q

Aim of general deterrence?

A

Aims to deter entire community from committing similar offences

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12
Q

Aim of specific deterrence?

A

Discourages offender from committng the same offence again

Discourages repeated offences.

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13
Q

Purposes of sanctions:

Denunciation

A

Demonstrates court’s dissaproval of offender’s actions.

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14
Q

How may a judge use denunciation?

A

May give hasher sentence for violent crimes and make a comment that court is showing disapproval of behaviour.

Harsher sentence with comment in reasons for decision.

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15
Q

Purposes of sanctions:

Protection

A

To safeguard community from offender by preventing them from committing further offence.

e.g physical removal from community.

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16
Q

How is protection achieved?

A
  • Imprisonment
  • Certain CCO conditions (e.g stay away from a place, curfew)
17
Q

What are the 3 main types of sanctions?

A

Fines, community correction orders (CCO’s) and imprisonment.

18
Q

Types of sanctions:

What is a fine?

A

Sanction that requires offender to pay monetary penalty to state of Victoria.

Fine is not payed to victim.

19
Q

Types of sanctions:

What do judges consider when imposing fines?

A
  • Financial benefit offender recieved from committing offence
  • Financial circumstances of offender
20
Q

Types of sanctions:

What is a CCO?

Community corrections order

A

Supervised but non-custodial sentence served in community that includes special conditions.

Can live in community, not removed.

e.g psychological treatment of offender and unpaid community work for no. hours.

21
Q

What is the maximum length of CCO’s in different courts?

A

Magistrates’ court
- 2 years max
Other courts
- 5 years max

CCO’s can be combined with imprisonment.

22
Q

Types of sanctions:

What are mandatory conditions for CCO’s?

A

Conditions which apply to every offender on CCO.

23
Q

CCO’s

Examples of mandatory conditions

A
  • Must report and recieve visits from community corrections officer
  • Must notify change of address
  • Must not leave Victoria without permission
24
Q

CCO’s

What are special (optional) conditions?

A

Specific conditions that apply to individual offenders

25
Q

CCO’s

Examples of special/optional conditions

A
  • unpaid community work
  • undergo treatment or rehabilitation
  • non-association (stay away from someone)
  • Curfew
  • Alcohol exclusion
  • Must live at particular place
26
Q

Types of sanctions: CCO’s

What must the judge do for special conditions?

A

Judge or Magistrate must impose min 1 special condition for CCO.

27
Q

Types of sanctions:

What is imprisonment?

Definition and aim

A

Custodial sentence that removes the offender from society for stated period of time, placing them in prison.

Sentence removing offender from society for period of time.

28
Q

Types of sanctions:

What is imprisonment?

(not definition)

A

Last resort and most severe sanction
- removes offender from community and denies their freedom.

29
Q

Imprisonment

How do judges determine length of particular sentences?

A

Maximum length determined by legislation

They can go under or match the period, but cannot go over. Can also charge person with multiple life sentences if multiple charges or accounts.

30
Q

What is the aim of imprisonment?

A

To remove the offender from society, thereby protecting society, to punish offender and deter.

Denies offender’s freedom

31
Q

What is the aim of a CCO?

A

To rehabilitiate offenders.

32
Q

What is the aim of a fine?

A

To punish the offender and deter the offender and society. Can also be used to show disapproval (denuciation)

Legal studies (61 decks)

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