Purposes and types of sanctions Flashcards
What is a sanction?
A penalty imposed by a court on a person guilty of a criminal offence.
When are sanctions imposed?
When accused pleads guilty, or is found guilty by court.
Who imposes sanctions?
The judge or Magistrate.
What are the 5 purposes of sanctions?
Rehabilitation, punishment, deterrence, denunciation and protection.
Purposes of sanctions:
Rehabilitation.
To reform offender by addressing underlying reason for their offending
What is the aim of rehabilitation?
To prevent repeated offences in the future.
How does rehabilitation apply to youth in sentencing?
Rehabilitation must be the priority to achieve for youth.
How is rehabilitation achieved?
- CCO’s
- Some programs within prison.
Purposes of sanctions:
Punishment
To penalise offender and show society and victim that criminal behaviour is not tolerated.
Purposes of sanctions:
Deterrence
To discourage offender and others in community from committing similar offences
General and specific deterrence.
Aim of general deterrence?
Aims to deter entire community from committing similar offences
Aim of specific deterrence?
Discourages offender from committng the same offence again
Discourages repeated offences.
Purposes of sanctions:
Denunciation
Demonstrates court’s dissaproval of offender’s actions.
How may a judge use denunciation?
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.
Purposes of sanctions:
Protection
To safeguard community from offender by preventing them from committing further offence.
e.g physical removal from community.
How is protection achieved?
- Imprisonment
- Certain CCO conditions (e.g stay away from a place, curfew)
What are the 3 main types of sanctions?
Fines, community correction orders (CCO’s) and imprisonment.
Types of sanctions:
What is a fine?
Sanction that requires offender to pay monetary penalty to state of Victoria.
Fine is not payed to victim.
Types of sanctions:
What do judges consider when imposing fines?
- Financial benefit offender recieved from committing offence
- Financial circumstances of offender
Types of sanctions:
What is a CCO?
Community corrections order
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.
What is the maximum length of CCO’s in different courts?
Magistrates’ court
- 2 years max
Other courts
- 5 years max
CCO’s can be combined with imprisonment.
Types of sanctions:
What are mandatory conditions for CCO’s?
Conditions which apply to every offender on CCO.
CCO’s
Examples of mandatory conditions
- Must report and recieve visits from community corrections officer
- Must notify change of address
- Must not leave Victoria without permission
CCO’s
What are special (optional) conditions?
Specific conditions that apply to individual offenders
CCO’s
Examples of special/optional conditions
- unpaid community work
- undergo treatment or rehabilitation
- non-association (stay away from someone)
- Curfew
- Alcohol exclusion
- Must live at particular place
Types of sanctions: CCO’s
What must the judge do for special conditions?
Judge or Magistrate must impose min 1 special condition for CCO.
Types of sanctions:
What is imprisonment?
Definition and aim
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.
Types of sanctions:
What is imprisonment?
(not definition)
Last resort and most severe sanction
- removes offender from community and denies their freedom.
Imprisonment
How do judges determine length of particular sentences?
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.
What is the aim of imprisonment?
To remove the offender from society, thereby protecting society, to punish offender and deter.
Denies offender’s freedom
What is the aim of a CCO?
To rehabilitiate offenders.
What is the aim of a fine?
To punish the offender and deter the offender and society. Can also be used to show disapproval (denuciation)
