U3A1 part 2 lesson 6 Flashcards
fine
a sanction that requires the offender to make a monetary payment as a penalty for a criminal offence.
1 pu = $192.31
when can fines be imposed
common assault
graffiti
shoplifting
traffic offences
how fines achieve punishment
The amount of a fine needs to be high enough to act as a punishment, by imposing a burden on the offender by taking a portion of their income to pay to the state that could be spent on something else.
how fines achieve specific deterrence
The amount of a fine needs to be high enough to have an impact on the offender and therefore deter them from committing further crimes.
depending on the financial circumstance of an offender fines can serve to specifically deter by requiring them to pay
how fines achieve general deterrence
While a smaller fine may not deter some members of the community, a larger fine is more likely to act as a general deterrent, although this will depend on each individual’s personal circumstances.
The use of media and online sites may help to generate attention to the sanction imposed. For example, WorkSafe’s publication of sanctions imposed for workplace safety offences could become known to companies in the same industry and therefore increase awareness of the types of fines that could be imposed.
how fines achieve denunciation
A larger fine (e.g. a level 2 fine) may send a stronger message of disapproval than a smaller fine (e.g. a level 12 fine).
A smaller fine may not be sufficient enough to send a strong message to the community.
The strong message of disapproval that may be expressed when imposing the fine could be weakened if the fine is not enforced. A fine that is imposed and then enforced may send a stronger message that the behaviour is unacceptable.
how fines don’t achieve their punishment
punishment of fines depends on the financial circumstance of an offender
if a fine is too low and the offender has sufficient financial resources to pay the fine, it may not punish the offender. On the other hand, if a fine is too high land the offender does not have the ability to pay. the offender may not ever pay it or may commit another offence to be able to pay it.
how fines don’t achieve deterrence
if a fine is low and the offender has sufficient financial resources to pay the fine, it may not deter the offender.
Where a company is fined, the people who are responsible for the company’s offending may not be deterred as it is not them who has to pay.
An unpaid fine that is not enforced may not act as a specific deterrent, as it has no ultimate impact on the offender’s financial circumstances.
Other members of the community may be less likely to be deterred if they know there will be no repercussions if they do not pay the fine.
CCO
a non-custodial order by the court that allows the offender to remain within the community with certain conditions attached.
when can CCOs be imposed
A CCO can be imposed alongside a fine or imprisonment to be served after the release of the offender.
When can a CCO be imposed?
• The offence is punishable by 5 penalty units or more e.g. posting bills/posters, disorderly conduct, wilful damage to property
• When the judge believes a fine alone is not appropriate
• The offender has agreed to a CCO
duration of CCOs
For a single offence, the maximum is 2 years and for multiple offences it can be up to 5 years.
standard conditions of CCOs
- Not reoffend during the duration of the CCO
- Notify CCO supervisor if there is a change of address
Additional conditions of a CCO
• Completing 600 hours of community service (up to 20 hours per week)
• Ankle monitoring
consequence of breaching CCO
Breaching the conditions of a CCO is an offence carrying a maximum penalty of 3 months imprisonment.
how CCO achieve specific deterrence
The mandatory conditions imposed. Many of the mandatory conditions, can act as a specific deterrent on an offender as they can be resentenced if they breach such a condition. This can itself have a powerful impact on whether the offender offends again
The nature of the additional conditions imposed. If the conditions imposed seek to minimise the risk of the offender reoffending, then specific deterrence could be achieved. For example, exclusions or curfews can help change the offender’s behaviours and help reduce the risk of reoffending.
how CCO achieve general deterrence
A CCO that is overly restrictive on an offender is more likely to deter the community as it will be seen to be punishing or to be an unwelcome sanction. This depends on the nature and length of the CCO. Significant hours of community work and electronic monitoring, for example, may be seen to be harsh conditions that impact on a person’s freedom.
how CCO achieve rehabilitation
Treatment conditions in particular can focus on the rehabilitation aspect of a CCO, including drug and alcohol treatment and any other programs that seek to address underlying causes of behaviour.
how CCO achieve denunciation
A longer CCO is likely to send a stronger message that this type of behaviour is not acceptable than a shorter CCO.
A strong message of disapproval may be sent if harsh conditions are imposed, such as curfews, monitoring, or even exclusion conditions. Other conditions, such as a single condition requiring community work, may not send as strong a message.
how CCOs don’t achieve deterrence
the duration of the CCO can have an impact on whether it deters offender. A Shorter CCO may be less likely to have a deterrent effect than a longer CCO
Whether a CCO can deter the community depends on whether the public know about it. It may also depend on the extent to which the communication of the CCO clearly demonstrates how harsh the CCO is, or how punishing or impacting it is on the offender. The public may see this as a lesser sanction to imprisonment, so it may not be as effective as imprisonment in deterring the public.
how CCOs don’t achieve rehabilitation
Whether the offender is rehabilitated may depend on whether they actively participate in the rehabilitation programs and are willing to continue that treatment, or continue to address their behaviour, when the CCO comes to an end.
Offender circumstances, such as support from family friends and employment= Factors beyond treatment can help the offender treat underlying causes of behaviour.
imprisonment
a sanction that removes an offender from the community and places them in prison for a given period.
parole
the early release of a prisoner after their minimum term is served which is subject to supervision and certain conditions
concurrent sentences
a sentence of imprisonment or detention that
is served at the same time as another when the offender is convicted of more than one crime. E.g., 3 years imprisonment for all the offences that they were charged with
cumulative sentences
a sentence of imprisonment or detention that is served one after the other. E.g., the sentence for the 2nd offence begins after the completion of the first
conditions of imprisonment
Loss of personal freedom
programs within prisons that aims to address causes for offending e.g., counselling, drug or alcohol programs to combat addiction
Prisoners can also learn new skills such as TAFE qualifications whilst in custody
how imprisonment achieves punishment
A longer prison term acts as a greater restriction on freedom and therefore may act as a greater punishment. However, this depends on the offender. Even a short period of time in prison can be punishing given the removal of liberty.
how imprisonment achieves protection
The length of the sentence: society will be protected while the offender is in custody. Longer sentences mean a greater time during which the offender cannot harm the community.
Sentences such as indefinite sentences protect the community from particular offenders if they are considered to still be a danger to the community. Shorter sentences are less of a protection.
how imprisonment achieves punishment denunciation
The length of the sentence A longer term in prison is likely to send a stronger message. a short term may not need to be served at all because of time on remand, may not send as strong a message.
Communication of the sentence to the public: sentences, including terms of imprisonment. must be communicated to the public in a way that makes people understand that particular types of behaviour are unacceptable and may result in time in jail for others who engage in
similar behaviour.
how imprisonment doesn’t achieves punishment
- The offender’s circumstances. Whether imprisonment acts as a punishment may depend on the circumstances of the offender. For example, the courts have recognised that a mentally disabled offender, who cannot understand the impact of a term in prison, may not appreciate the punitive nature of the sentence and therefore punishment may not be achieved.
how imprisonment doesn’t achieves protection
- Whether the offender is treated: The community benefits if the offender participates in rehabilitation programs and is treated, as once they are released, the ideal is that they will no longer commit further crimes. This depends on the rehabilitation opportunities and the willingness of the offender to address the reasons for offending. It also depends on other factors, such as whether the offender has a drug addiction and whether drugs are available to the prisoners
