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Legal Studies > Sentencing and Punishment > Flashcards

Sentencing and Punishment Flashcards

1
Q

What do the statutory and judicial guidelines aim to provide?

A

Uniformity in sentencing matters and enhance the integrity of the process

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2
Q

What are judicial guidelines

A

Previous cases that set precedent. Set by NSW court of appeal, not biding- judge/ magistrate apply discretion based on circumstances

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3
Q

Statutory guidelines

A

Informs judges of maximum sentences, standard non-parole period (minimum sentences) and mandatory sentencing

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4
Q

4 purposes of punishment

A

Deterrence
Retribution
Rehabilitation
Incapacitation

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5
Q

Types of deterrence

A

Specific: deter reoffending
General: deter community

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6
Q

What is retribution

A

Punishment considered to fit the crime

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7
Q

What is Rehabilitation designed to do

A

Reform the offender so they do not reoffend. Aim is to prevent recidivism
Eg drug/alcohol rehab, community service

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8
Q

Why is incapacitation used

A

Protect society by making offender incapable of re-offending by restricting their freedom

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9
Q

What is an aggravating circumstance? And what factors

A 
Makes an offence more serious and can lead to increased sentence. 
Factors can include: 
-offence: violent etc. 
-victim: age etc 
-offender: abused trust? Etc
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10
Q

What are mitigating circumstances and what are some factors

A 
Makes an offence less severe and reduces sentence. They explain cause 
Factors can include: 
- plea of guilty 
- provoked 
- generally a good person
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11
Q

What is the role of the victim in sentencing + act

A

Victims rights act 1996 (NSW) allows victims to give victim impact statements. Can also assist police and report crime

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12
Q

Types of appeals

A 
Appeal against conviction (guilty/not guilty) 
Sentence appeal (severity/leniency)
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13
Q

Penalties act

A

Crimes (sentencing procedures) act 1999 (NSW)

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14
Q

Types of penalties (12)

A 
Caution 
Fine 
Bond 
Probation 
Criminal infringement notice 
Penalty units 
Intensive correction order 
Community correction order 
Conditional release order 
Forfeiture of assets 
Imprisonment 
Diversionary programs
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15
Q

What is a caution

A

A formal warning without charge that is informally recorded on a persons record for minor drug offences ( cannabis caution scheme)
Young offenders act 1997 (NSW) allows police to give caution for minor offences

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16
Q

What is a fine

A

Monetary penalty

17
Q

What does a bond do and what does it require

A

Limits an offenders behaviour for a period of time. Usually requires the offender to be of good behaviour and attend rehab

18
Q

What does probation allow and how? Time period

A

Allows them to get on with their lives by NSW probation services keeping an eye on them through regular meetings. This supports them to rehabilitate and become law abiding citizens 12months - 2 years

19
Q

What is a criminal infringement notice and what can they be issued for?

A 
On the spot fines issued by police for: 
- stealing less than $200 
- obstructing traffic 
- obtaining benefit by deception 
- unlawful entry into a car or boat 
- offensive language 
The offender can choose to take it to court but if convicted get a criminal record if not don’t
20
Q

What is a penalty unit

A

$110 basis of fines

21
Q

Intensive correction order-what did it replace -what is it

A

Replaced: home detention, suspended sentence and old ICOs

It is a custodial sentence up to two years that can be served in the community with supervision and conditions

22
Q

Community correction order

What did it replace and when is it used

A

Replaced community service order and good behaviour bond
Used when prison is too severe but fines are too lenient
Up to 3 years and has conditions such as supervision by CCO, community service (<500hrs) and curfews

23
Q

Conditional release order

What did it replace and who is it used for and time limit

A

Replaced non conviction
For first time offenders where the offender is less likely to poses a risk to community
Up to 2 years
Acts as a warning and conditions can be imposed

24
Q

Forfeiture of assets legislation and what is it for

A

Imposed as a sanction in response to criminal activity
Proceeds of crime act 1987 (CWLTH)
State legislation includes criminal assets recovery act 1990 (NSW)

25
Q

Imprisonment act and aspects of it

A

Judge/magistrate determines length and non-parole period
The crimes (sentencing procedures) act 1999
$181 a day

26
Q

What do diversionary programs aim to do

A

Rehabilitate the offender by making it a requirement of their sentence that they undertake a specific program eg drug court

27
Q

What is circle sentencing

A

A form of sentencing for some aboriginal indigenous offenders where sentencing is conducted in a circle made up of local community members and a magistrate

28
Q

What is restorative justice and what does it allow

A

A form of sentencing involving a voluntary conference between the offender and the victim.
Allows responsibility to be taken and gives the victim a voice normally for minor infringements and youth justice conferencing

29
Q

Post sentencing considerations ( 7)

A 
Security classification 
Protective custody 
Parole 
Preventative detention 
Continued detention 
Sex offenders registration 
Deportation
30
Q

Different security classifications and how are they classified

A

Divisions of correctional sentences that are classified according to seriousness of crime and prospects of rehab
Max eg Goulburn
Medium eg parklea
Min eg emu plains

31
Q

Who is protective custody for

A

Offenders in prison who are vulnerable to attack from other prisoners

32
Q

What is parole used to do

A

Give incentive for rehabilitation and good behaviour

33
Q

What is preventative detention + eg

A

Keeping a person in custody even though they have not committed an offence to prevent future harm
Terrorism (police powers) act 2002 (NSW) allows detention up to 14 days

34
Q

What is continued detention

A

The ongoing detention of a person after they have already served their sentence
Generally for sex offenders crimes (serious sex offenders) act 200) (NSW)

35
Q

What is the sex offenders registration + legislation

A 
Names of sex offenders on a register (eg Australian National child offences register) which the police can access
Child protection (offenders registration) act 2000 (NSW)
36
Q

Deportation legislation and guidelines and case

A

Migration act 1958 (CWLTH)
Custodial sentence of 12 months or more and have been a resident for less than 10 years
Robert Jovicic

Legal Studies (10 decks)

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