Topic 4 Flashcards
What are sanctions
THERE ARE 5 MAIN REASONS FOR SANCTIONS INCLUDING:
- fair and just punishment
- deterrence
- denunciation
- rehabilitation
- community correction
Sanctions in sentencing are penalties given to someone found guilty of a crime, like fines, probation, or jail time.
A person receives a sanction after being convicted, as decided by a judge during sentencing.
What is fair and just punishment (in terms of sanctions)
- Punishments should reflect the severity of the crime
- The more severe the crime, the harsher the sentence
- This provides a sense of justice to the victim and the community
What is general and specific deterrence (in terms of sanctions)
Deterrence means to discourage:
There are two types of deterrence – general and specific
Sanctions should discourage re-offending by the criminal – this is called specific deterrence
Sanctions should also send a message of discouragement to the whole community – this is general deterrence
What is denunciation (in terms of sanctions)
Denunciate means public blame of something:
In sentencing, denunciation refers to a message of the court’s disapproval of this type of conduct
What is rehabilitation (in terms of sanctions)
- This is all about helping offenders change their ways
- People who re-offend cause great harm to themselves, their loved ones and especially to their victims
- The system tries to help offenders improve, learn from their mistakes so that they are less likely to re-offend in the future which benefits everyone
What is community protection (in terms of sanctions)
- People should feel safe in the community, in public spaces
- Some criminals that are very dangerous, are likely to re-offend
- Sanctions need to protect community from dangerous criminals so that innocent people can feel safe and go about their business without undue risk
A sanction will protect the community as it may get rid of that criminal or help to rehabilitate them
Description of fines
A fine is a monetary penalty imposed on an offender.
Fines are the most common penalty imposed for offences across our legal system.
when are fines used
Fines can be issued
- as a sanction by the court or
- in the form of an Infringement Notice or ‘on-the-spot fine’ by police and other authorized government officials
You can be fined for many things such as Breach of laws relating to things like:
safe handling of food in businesses
road safety offences (texting while you be drivin)
parking offences
public transport‐related offences (not validating yo MYKI)
liquor control (woopsies)
offences seeking to protect the amenity of our state parks and forests.
how do fines achieve/not achieve purposes of sanctions
ACHIEVE THE PURPOSE:
Deterrence: High fines discourage people or businesses from breaking the law.
Punishment: Fines can punish those who violate rules, making them pay for their actions.
NOT ACHIEVE THE PURPOSE:
Too Low: Small fines might not be enough to change behavior or deter violations.
No Behavioral Change: Sometimes people or companies simply absorb the cost and continue violating laws.
description of Community Corrections Order
It is a supervised sentence served in the community
‘Supervised’ – an officer from the Department of Corrections looks after you and ensures you stick to the conditions listed in the order made by the judge
‘Served in the community’ – You stay at home, not prison
They also may have to participate in:
- Unpaid community work (maximum of 600 hours)
- Treatment and rehabilitation programs
- Area exclusion, curfew
When are CCO’s used
A person has committed a criminal offence it is too bad to just be given a fine but not quite bad enough to be sent to prison
The justice system has an in-between type solution – it is a community corrections order or CCO
This involves letting the person stay out of prison, letting them stay at home – but they are going to be supervised a bit – not 24/7 but a bit – to ensure they don’t muck up again and hopefully to help straighten them up a bit
Requirements of a CCO
CCO’s are not available to everyone
- Crime cannot be too serious or too minor
- Court has to assess whether criminal is appropriate (will they co-operate; are they mentally stable)
- Criminal has to agree
does a CCO achieve or not achieve the purposes of sanctions
Punishment
Yes – action deserves to be punished, needs more than a fine.
Deterrence (discourage from re-offending)
Yes – specific – discourages person from doing it again
Maybe – general – sends message to community to not act that way if they don’t want the same punishment
Rehabilitation (help get better)
Yes – Attending compulsory programs outside of prison is good for steering people away from a life of crime.
Denunciation (express community’s disapproval of behaviour)
Yes – clear public declaration that this sort of behaviour is not on.
Community protection
Maybe in the longer term – if they complete their programs, they will be less likely to re-offend in the longer term.
description of imprisonment,
Imprisonment is when someone is locked up in a jail or prison because they broke the law.
when is Imprisonment used,
Imprisonment is used when someone does a major crime and something like a fine would not be a severe enough punishment. It’s meant to stop them from doing bad things again and keep others safe.
