Sanctions

Question 1

Fines

Answer 1

• A sanction that requires the offender to make a monetary payment as a penalty for a criminal offence
• Often imposed with other sanctions, and usually on lesser offences

Question 2

How do fines achieve purposes?

Answer 2

• Punishment: The fine should be significantly large enough to affect the offender
• Specific deterrence: The amount needs to be high enough to impact the offender and therefore deter them from committing further offences, while taking in the context
• General deterrence: If the fine is high enough and enforced, then the community is likely to be deterred from committing similar offences
• Denunciation: A larger fine is likely to send a strong message of disapproval and, if enforced, will back this up even further

Question 3

How do fines fail to meet purposes?

Answer 3

• Rehabilitation: Unlikely to be considered because they are not attended to address this purpose
• Protection: Is unlikely to be addressed unless the offender is a company
• If the fine is not enforced, this can limit both denunciation and general deterrence

Question 4

CCOs

Answer 4

• A non custodial order by the court that allows the offender to remain within the community with certain conditions attached

Question 5

When are CCOs imposed?

Answer 5

• When an offence is punishable by five penalty units or more
• When the judge believes a fine alone is not appropriate
• When the accused has agreed to a CCO

Question 6

CCO conditions - standard

Answer 6

• Not reoffend
• Not leave Victoria without permission
• Inform a CCO supervisor if there is a change of address
• Comply with any additional conditions

Question 7

CCO conditions - additional

Answer 7

• Completing six hundred hours of community service
• Abiding by curfew
• Undertaking medical treatment or rehab programs
• Avoid contact with a particular person
• Staying away from a particular place or suburb
• Ankle monitoring
• Not consume alcohol or attend licensed venues, including bars

Question 8

How do CCOs achieve purposes?

Answer 8

• Punishment: The duration and the conditions of the CCO are likely to punish the offender by limiting their freedoms and making them do enforced work
• Specific deterrence: Breaching certain conditions of the CCO, such as not reoffending, are likely to result in a resentencing, which then deters the offender from committing those further crime
• General deterrence: If the CCO is long in length or harsh in conditions, then it is likely that it will deter the public
• Denunciation: Having a long and harsh CCO could send a strong message to the public as long as it is communicated
• Rehabilitation: Certain conditions may require the accused to attend rehabilitation programs such as alcoholic or drug dependence programs
• Protection: Harsh conditions allow the community to be protected

Question 9

How do CCOs fail to achieve purposes?

Answer 9

• Much of the protection, denunciation, and deterrence are all reliant on the conditions imposed
• Could fail to achieve specific deterrence if the offender doesn’t perceive this as a particularly harsh sanction

Question 10

Imprisonment

Answer 10

• A sanction that removes an offender from the community and places them in prison for a given period

Question 11

Parole

Answer 11

• The early release of a prisoner after their minimum term is served, which is subject to supervision and certain conditions

Question 12

Concurrent sentences

Answer 12

• A sentence of imprisonment or detention that is served at the same time as another when the offender is convicted of multiple crimes

Question 13

Cumulative sentences

Answer 13

• A sentence of imprisonment or detention that is served one after the other

Question 14

How does imprisonment achieve purposes?

Answer 14

• Punishment: Long terms and the nature of the imprisonment by limiting freedoms ensures that punishment is achieved
• Specific deterrence: A longer prison term and harsher conditions may ensure that the offender chooses not to offend again
• General deterrence: Although the characteristics and context do matter, the sentence and its seriousness of a sanction is likely to deter the community
• Denunciation: By taking away someone’s liberty for committing an offence, descends a strong message to the community that this type of behaviour is not acceptable
• Rehabilitation: Can be achieved if the offender willingly participates in programs
• Protection: Is achieved as the offender is removed from society

Question 15

How does imprisonment fail to achieve purposes?

Answer 15

• Associating with other negative behaviours can lead to a failure to specifically deter the offender
• The right of recidivism is 43.3% which is a high rate and is likely to indicate that rehabilitation and specific deterrence is not achieved
• Mental illnesses can mean specific deterrence and punishment are unsuitable purposes as the offender is unlikely to understand the seriousness of the sanction
• Older offenders and those with addictions to drugs or alcohol may find it difficult to be rehabilitated