the purpose of sanctions: rehabilitation, punishment, deterrence ( general and specific), denunciation and protection Flashcards
What is the main purpose of rehabilitation (sentencing act)
Sentencing act 1991- “to establish conditions within which it is considered by the court that the rehabilitation of the offender may be facilitated”
What are the purposes of rehabilitation (general)
- To address the underlying issue causing the reoffending e.g. drug use that leads them to commit crimes
- To change the attitudes and behaviours of the offender to prevent reoffending thus not further harming the community
What is the purpose of punishment (sentencing act)
Sentencing act “To punish the offender to an extent and in a manner which is just in all circumstances”
What is the purpose of punishment (general)
- To penalise the offender while also showing the community that the crimes won’t be accepted
- Often prevents victims of crime taking matters into their own hands
- Prevent reoffending
What is the purpose of general deterrence (sentencing act)
Sentencing act “ To deter the offender or other persons from committing offences of the same or a similar character”
What is the purpose of general deterrence (general)
- Deterring others from committing offences because they see the consequences of committing the crime
- People must know the sanction that is being imposed to know the consequences of the crime
What is the purpose specific deterrence (sentencing act)
Sentencing act “ To deter the offender or other persons from committing offences of the same or a similar character”
What is the purpose specific deterrence (general)
- When the courts seek to discourage a particular offender from engaging in criminal activity in the future
- An important factor that is relevant to whether the offender will be specifically deterred is where they have any prior convictions, meaning they may not be deterred from reoffending
- It would be more less significant for a remorseful first time offender.
What is the purpose of denunciation (sentencing act)
Sentencing act “to manifest the denunciation by the court of the type of conduct in which the offender engaged”
What is the purpose of denunciation (general)
-A sanction may be given to show the disapproval of the courts and of society and condemns the actions of the offender
-Reinforces the community’s expectations and values to show how the behaviour is unacceptable
What is the purpose of protection (Sentencing act)
Sentencing act “To protect the community from the offender”
What is the purpose of protection (general)
- To ensure that the community is safe from any further harm that can be caused by the offender
- Aims to remove the offender from society if necessary, or put them in a program such as a CCO that prevents them from going to certain places
