Summative sentencing test

Question 1

What are the 5 aims of sentencing

Answer 1

Punishment
Rehabilitation
Denunciation
Deterrence (specific + general)
Protection

Question 2

What is a drug treatment order

Answer 2

A structured program aimed at rehabilitating an offender and diverting them from the criminal justice system, example of therapeutic jurisprudence - restorative approach

Question 3

How is a drug treatment order an example of a diversion program

Answer 3

Diverting the offender away from the criminal justice system as an alternative method to treat the issues behind the offending, also known as a court mandated diversion

Question 4

What occurs in a drug treatment order

Answer 4

Individual/group counselling
Residential rehabilitation
case management
detoxification - regular drug testing
type of suspended sentence, breaching conditions will result in the alternate prison sentence (custodial component)

Question 5

How does a drug treatment order meet aim of rehabilitation

Answer 5

Rehabilitation - programs and strategies to prevent future offending and relapsing and create positive relationships with family and the community through education or employment etc
Govt does 85-100 orders p/y (TAS, 2020)

Question 6

How does a drug treatment order meet aim of deterrence

Answer 6

Specific deterrence - custodial component ensures the offender has reason not to breach conditions as the suspended sentence will activate in this case, cancellation rate of 28% (TAS, 2020)

Question 7

How does a drug treatment order meet aim of protection

Answer 7

Frequent drug testing counselling sessions and check ins with a magistrate to ensure the DTO is not a ‘get out of jail free card’ and the community are safe from reoffending

Question 8

What is imprisonment

Answer 8

Removing an offender from the community, denying their liberties for up to 21 years (TAS) unless declared a dangerous criminal.