Presentation Transcript

1. Sanctions - question Identify and explain two purposes of criminal sanctions. (4 marks)
2. Recap – general purposes of criminal sanctions Just punishment – to punish the offender to an extent and in a manner which is just in all of the circumstances Specific and general deterrence – to deter the offender or other persons from committing offences of the same or a similar character Rehabilitation – to establish conditions within which it is considered by the court that the rehabilitation of the offender may be facilitated Denunciation – to denounce/condemn the type of conduct engaged in by the offender Community protection – to protect the community from the offender.
3. Imprisonment The most severe form of punishment available in Australian courts Involves a loss of liberty – person is sentenced to be detained in prison for a certain period of time What does prison involve: Prisoners required to work (unless there are medical reasons not to) – emphasis on gaining skills and rehabilitation i.e. ability to get a job when released Different levels of security (maximum, medium and low security) Minimum term set (non-parole period) – eligible for parole following this period Sentences usually served concurrently Separate prisons for men and women
4. Imprisonment - purposes Imprisonment addresses each of the overall purposes of sanctions Punishment: takes away offender’s liberty; and removes them from the ability to participate in society Protection: removed from society therefore unable to offend again Deterrence: acts as a specific deterrent to the offender (as they don’t want to come back to jail); and as a general deterrent (as other members of society will be deterred from acting in a similar way) Rehabilitation: education programs in prison have the aim of rehabilitating offenders and preparing them to rejoin society (however, other prisoners may influence offenders to offend again once released) Denunciation: a long prison sentence may show the court’s disapproval
5. Does imprisonment achieve its purposes? Read text box on p 311 of the textbook. What do you think? Assess the effectiveness of imprisonment in relation to each of the five purposes
6. Suspended sentence A term of imprisonment that is suspended (in whole or in part) so the offender is released back into the community on the condition that they don’t reoffend Wholly suspended – offender is released into the community for the full term; partially suspended – offender spends part of the term in prison but are released for the remainder) Allows the offender to demonstrate that they can behave lawfully Only available for sentences up to two years Can be a better option for an offender who has family commitments or who is self-employed
7. Suspended sentences (cont.) An example of where a suspended sentence was deemed more appropriate – see p 315 Suspended sentences are soon to be abolished. They have already been abolished for some offences in some courts. Why? (http://www.liv.asn.au/Practice-Resources/Law-Institute-Journal/Archived-Issues/LIJ-June-2013/End-to-suspended-sentences-counterproductive)
8. Suspended sentences - purposes Suspended sentences address the following overall purposes: Deterrence: acts as a specific deterrence to the offender because they know that they will go to prison if they do reoffend; does not have much effect as a general deterrence because they’re not regarded by the public as a harsh punishment Rehabilitation: gives the offender the opportunity to show that they can live in a law-abiding manner Punishment: the offender does have a criminal record and a recorded prison sentence How effective do you think it is in achieving these purposes? Are they more effective for particular kinds of offenders? Read the box on p 316.
9. Community correction order Replaces a number of different orders (refer to textbook rather than Legal Notes, which is out of date) Non-custodial (i.e. not sent to prison) and there are conditions attached Can be used for any offence punishable by more than five penalty units (equivalent to a fine of around $500) Very flexible – can be tailored to the suit the needs of the offender and seriousness of the crime More severe than a fine, less sever than a prison sentence
10. CCO - conditions All include basic conditions such as not reoffending, some kind of reporting, and restrictions on travel Must also complete some kind of work to repay the community Courts must also attached one optional condition to each CCO (see p 318 for a list of these). For example, community work, restrictions on movement, drug and alcohol programs
11. CCO - purposes CCOs address the overall purposes of sentencing in the following ways: Punishment: usually restricts offender’s freedom in some respects Deterrerence: General deterrence because members of the public will be deterred from offending because they don’t want to be subject to these kinds of conditions, and specific deterrence to the offender for the same reason. There are also strict penalities for breach of conditions, which acts as a deterrence too Rehabilitation: a primary purpose of CCOs. The order can be tailored to suit the offender so it acts as a form of rehabilitation. Very effective for people with drug and alcohol, or mental health issues
12. CCO – purposes (cont.) Protection: can offer some form of protection, depending on conditions (for example, alcohol interlock devices, prohibition on contacting certain people) Denunciation: even though less severe than a prison sentence, the court can still show their disapproval of certain behaviour through a CCO and the conditions imposed
13. Fine You all know what a fine is. The fine is paid to the court. Can be paid in a lump sum or in instalments. How does is address purposes: Punishment: financial loss Deterrence: general and specific as the public generally and the offender don’t want to lose money in this way Denunciation: a large fine could indicate the court’s disapproval of a particular action
14. Appropriateness of sentences With the person next to you, discuss which of the sentencing options we’ve discussed today best addresses each of the five overall purposes and why: Punishment Deterrence (general and specific) Denunciation Rehabilitation Protection
15. Sanction – question Jane has been charged with manslaughter. She has decided to plead not guilty. If Jane is found guilty, identify one sanction that maybe imposed and describe its purpose. (2 marks)