Topic 4 Flashcards
Fines CCO Diversion Imprisonment The Death Penalty
Deterrence
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
Punishment
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).
Denunciation
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
Protection
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.
Rehabilitation
It aims to assist offenders in changing attitudes and being treated.
What is recidivism?
The tendency of a convicted criminal to re-offend.
What is the rate of recidivism in VIC?
44%
What is the rate of recidivism in Norway?
Around 6%
Definition of a fine as a criminal sanction.
A fine is a momentary penalty imposed by judges or the court with or without conviction.
What does one penalty unit equate to?
$197.59
What are fines measured in?
Fines are measured in penalty units and each offence
carries a certain amount of penalty units.
How can fines be issued?
- As a sanction by the court
- In the form of an infringement notice or ‘on-the-spot fine’ by police and other authorized government officials
Examples of offences you can recieve a fine for:
- Minor driving offences
- Parking Offences
- Fare evasion
- Drinking in public
What is a CCO
a ‘supervised’ or ‘served in the community’ sanction that either compels someone to do something or stops someone from doing something
Are CCO’s available to everyone?
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
mandatory conditions of a CCO
- 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 =
What happens if convicted fails to follow CCO?
- A CCO serves as a warning that if an offender re-commits, they are likely to go to jail
What is youth diversion?
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
What does the diversion program intend to do?
It builds upon or strengthens the individual’s protective factor and promotes an understanding of the harm caused by the offence
4 factors of Youth Diversion (mentioned earlier in definition)
- accept responsibility for their behaviour
- complete a diversion program
- have the charge/s against them dropped, upon successful completion of the diversion program
- avoid the negative stigma associated with a criminal record
Why Youth Diversion?
- 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
Who is eligible for Youth Diversion?
- The offender must almost always be a first-time offender
- Charge must relate to a minor crime
- The offender has to acknowledge that they did wrong
What do ‘diverters’ have to do?
- 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).
Define Imprisonment
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.
Types of Offences for a CCO
Vandalism or damage to property, unlicensed driving, shoplifting low-value items
Types of Offences for Imprisonment
Murder, Rape, Sexual Assault, Drug Trafficking
How does a CCO differ from imprisonment?
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.
Why might two people receive different sentences for the same offence?
- A person’s prior criminal history
- a first-time offender may recieve a lighter sentence, while a frequent offender may recieve more time - Details such as level of harm caused, whether the act was premeditated, or if there were any aggravating or mitigating factors.
Key Characteristics of Imprisonment
- Loss of Freedom - individuals are confined to a designated facility and are restricted from participating in normal daily activities
- Control and Supervision - imprisoned individuals are under constant supervision and control by prison staff. includes adherence to strict schedules, rules, and regulations
- 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.
Who was the last person to be hung, where, and when?
In Victoria, 1967, a man named Ronald Ryan
Some types of offences that could receive a death penalty
- Sheep stealing
- Burglary
- Fogery
What were the key reasons that the death penalty was banned in Australia?
- Lets killers off too easily - lifelong suffering in a prison would better reflect the lifelong suffering of the victim’s family and loved ones
- 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
- 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.
Advantages of Death Penalty
- Saves money - costly to house prisoners for years and years. Death penalty means they live for shorter periods, saving taxpayer money
- Deterrence - sends a powerful message to the community that the harshest consequences will follow.
