Topic 4

Question 1

Deterrence

Answer 1

It aims to discourage the offender (specific deterrence) or other people (general deterrence) from committing similar crimes. By ‘deterring’ others from repeating the offence, we can help contribute to a more cohesive society

Question 1

Punishment

Answer 1

Retribution for society - revenge against the offender. It allows for the victim and for society to feel avenged as it aims to ‘punish’ the offender for their crime(s).

Question 2

Denunciation

Answer 2

It shows the disapproval of the court of the conduct. It is often applied to new crimes (such as cyberbullying) where the court sends a message to society that they will not tolerate these types of crimes

Question 3

Protection

Answer 3

To care for the community/society by removing the offender or keeping them busy. We aim to ‘protect’ the community from the offender(s) so that they are not at risk of becoming the next crime victim.

Question 4

Rehabilitation

Answer 4

It aims to assist offenders in changing attitudes and being treated.

Question 5

What is recidivism?

Answer 5

The tendency of a convicted criminal to re-offend.

Question 6

What is the rate of recidivism in VIC?

Answer 6

44%

Question 7

What is the rate of recidivism in Norway?

Answer 7

Around 6%

Question 8

Definition of a fine as a criminal sanction.

Answer 8

A fine is a momentary penalty imposed by judges or the court with or without conviction.

Question 9

What does one penalty unit equate to?

Answer 9

$197.59

Question 10

What are fines measured in?

Answer 10

Fines are measured in penalty units and each offence
carries a certain amount of penalty units.

Question 11

How can fines be issued?

Answer 11

1. As a sanction by the court
2. In the form of an infringement notice or ‘on-the-spot fine’ by police and other authorized government officials

Question 12

Examples of offences you can recieve a fine for:

Answer 12

1. Minor driving offences
2. Parking Offences
3. Fare evasion
4. Drinking in public

Question 13

What is a CCO

Answer 13

a ‘supervised’ or ‘served in the community’ sanction that either compels someone to do something or stops someone from doing something

Question 14

Are CCO’s available to everyone?

Answer 14

No:
- a crime cannot be too serious or too minor
- the court has to assess whether criminals are appropriate (will they co-operate; are they mentally stable)?
- criminal has to agree

Question 15

mandatory conditions of a CCO

Answer 15

• you cannot leave Victoria without permission
• you must notify your officer of change of address
• you must report to officer frequently and listen to their directions =

Question 16

What happens if convicted fails to follow CCO?

Answer 16

• A CCO serves as a warning that if an offender re-commits, they are likely to go to jail

Question 17

What is youth diversion?

Answer 17

a sanction that provides an opportunity to eligible young people appearing before the Children’s court to:
1. accept responsibility for their behaviour
2. complete a diversion program
3. have the charge/s against them dropped, upon successful completion of the diversion program
4. avoid the negative stigma associated with a criminal record

Question 18

What does the diversion program intend to do?

Answer 18

It builds upon or strengthens the individual’s protective factor and promotes an understanding of the harm caused by the offence

Question 19

4 factors of Youth Diversion (mentioned earlier in definition)

Answer 19

1. accept responsibility for their behaviour
2. complete a diversion program
3. have the charge/s against them dropped, upon successful completion of the diversion program
4. avoid the negative stigma associated with a criminal record

Question 20

Why Youth Diversion?

Answer 20

• prevents a youngster from progressing through, being dealt with by the criminal justice system
• they are sent to complete programs that are appropriate to their circumstances and address the reasons behind their offending

Question 21

Who is eligible for Youth Diversion?

Answer 21

1. The offender must almost always be a first-time offender
2. Charge must relate to a minor crime
3. The offender has to acknowledge that they did wrong

Question 22

What do ‘diverters’ have to do?

Answer 22

• A letter of apology to the victim
• A reflective discussion to improve a young person’s understanding of their offending behaviour
• An education-related intervention (such as support to improve attendance or re-engagement with education, training or employment).

Question 23

Define Imprisonment

Answer 23

is the most serious and harsh sentence type of all. Any sentence of imprisonment also requires a ‘parole period’ to be set. An offender may receive 10 years imprisonment with a ‘parole period’ of 7 years.

Question 24

Types of Offences for a CCO

Answer 24

Vandalism or damage to property, unlicensed driving, shoplifting low-value items

Question 25

Types of Offences for Imprisonment

Answer 25

Murder, Rape, Sexual Assault, Drug Trafficking

Question 26

How does a CCO differ from imprisonment?

Answer 26

A CCO is considered to be a more lenient option for a serious offence than imprisonment. A CCO allows for the offender to still have freedom, as it is a supervised.

Question 27

Why might two people receive different sentences for the same offence?

Answer 27

1. A person’s prior criminal history
   - a first-time offender may recieve a lighter sentence, while a frequent offender may recieve more time
2. Details such as level of harm caused, whether the act was premeditated, or if there were any aggravating or mitigating factors.

Question 28

Key Characteristics of Imprisonment

Answer 28

1. Loss of Freedom - individuals are confined to a designated facility and are restricted from participating in normal daily activities
2. Control and Supervision - imprisoned individuals are under constant supervision and control by prison staff. includes adherence to strict schedules, rules, and regulations
3. Duration of Sentence - imprisonment is defined by a fixed duration determined by the court, which can range from a couple of days to a life sentence, depending on the severity of the crime committed.

Question 29

Who was the last person to be hung, where, and when?

Answer 29

In Victoria, 1967, a man named Ronald Ryan

Question 30

Some types of offences that could receive a death penalty

Answer 30

1. Sheep stealing
2. Burglary
3. Fogery

Question 31

What were the key reasons that the death penalty was banned in Australia?

Answer 31

1. Lets killers off too easily - lifelong suffering in a prison would better reflect the lifelong suffering of the victim’s family and loved ones
2. It is brutal and Inhumane - killing as a punishment for killing is violent and inappropriate, and there is no humane and foolproof way to execute people
3. It cannot be reversed - around 3% of those found guilty are innocent and the death penalty prevents those later found to be innocent from receiving justice.

Question 32

Advantages of Death Penalty

Answer 32

1. Saves money - costly to house prisoners for years and years. Death penalty means they live for shorter periods, saving taxpayer money
2. Deterrence - sends a powerful message to the community that the harshest consequences will follow.