Sentencing Flashcards
What are the different purposes of sanctions?
Rehabilitation, Deterrence (General and specific), Denunciation, Punishment and Protection
What is Rehabilitation?
Addressing underlying cause of offending and treating them in order to change the offender’s attitudes and behaviour, so that they are ultimately able to take their place in society
What is Deterrence? (General and specific)
The sanction aims to discourage the offender and other offenders from committing offences of the same or similar nature to the original offence.
General: sanction aims to discourage other people and general public.
Specific: sanction aims to discourage the actual offender from committing the offence again.
What is denunciation?
It is when the courts and society explicitly condemn the offence and clearly express that this type of behaviour is unacceptable.
What is protection?
Protecting the community from harmful behaviour, usually done by removing the offender from society.
What is punishment?
A sanction designed to penalise the offender to an extent that is just while also ensuring society and any victims to feel as if there has been retribution.
What are the types of sentences?
Fines, Community Correction Orders (CCOs) and imprisonment
What is a fine?
A monetary penalty required by the offender to be paid to the state. When imposing the fine, the court will consider the financial circumstances as well as the burden the fine will impose on the offender.
Main purposes of a fine?
Punishment: By requiring that the offender pay money to the state and by putting them at a financial loss, it can penalise the offender (however doesn’t penalise those who have substantial financial resources)
General deterrence: If members of the public are aware of the possibility that they, like that offender will have to pay a fine if they commit that offence.
Specific deterrence: By threatening the offender that a reoffending will result in another financial loss.
(However doesn’t threaten those will immense finances and the public needs to be aware of the fine and crime the offender committed)
Denunciation: If a fine is of a very high amount, it may serve the purpose of denouncing the criminal
behaviour engaged in by an offender. (However, the imposed fine needs to be
substantial in the eyes of the public and the offender)
What is a Community corrections order (CCO)?
It is a flexible, non-custodial, supervised sentence served in the community, which involves basic
conditions and specific conditions, tailored to the individual offender
Purposes of CCO
- Punishment: through the conditions which can be attached to CCOs (such as alcohol exclusion or
a curfew), offenders are likely to be punished. (In comparison to other sanctions such as imprisonment, a CCO may not be as effective in punishment as is relies on specific conditions attached to CCO) - Specific deterrence: unwanted and undesirable conditions may prevent reoffending (dependant of offender seeing the conditions in a negative view)
- Rehabilitation: Significantly, the rehabilitation and treatment programs which offenders may undertake can assist their rehabilitation and help them move away from criminal
behaviour (depends on compliance) - Protection: May protect the community by keeping offenders occupied in times where they might be encourage to commit a crime (does not guarantee that members will be protected like imprisonment)
What is imprisonment?
A custodial sentence where they are removed from society and the offender serves time in prison and are deprived of their liberty and freedom (mainly seen as a last resort)
Purposes of imprisonment?
Punishment: Most likely seen as punishment due to loss of liberty (rare cases: view imprisonment better than their life outside)
Denunciation: The severity of imprisonment and physical removal effectively denounces offender (especially if long sentence is imposed)
General deterrence: The possibility of going to prison and losing one’s freedom discourages most members of the public from committing a crime. (Not effective to stop reoffending may result from negative influences in prison)
Rehabilitation: Can assist offenders to become valuable members of society through educational and treatment programs (influence of other offenders and struggles offender face when returning to everyday life can cause rehab unsuccessful)
Protection: By physically removing the offender from society, causing them unable to commit further crimes and endanger public’ welfare (comes at the cost of removing offenders place in society and loss of liberty and freedom)
What are the factors considered in sentencing?
Aggravating factors, mitigating factors, victim impact statement and guilty pleas
What is an aggravating factor?
Facts/circumstances relating to the offence, victim or offender which increase the offender’s culpability (work against the accused, likely to result in more severe sentence)