AOS3 - Purposes of Sanctions Flashcards
1
Q
Overview
A
- if an accused is found guilty/pleads guilty, the judge/magistrate will determine an appropriate penalty
- the Sentencing Act 1991 (Vic) sets out the purposes which must be considered by the judge
- judge cannot impose a sanction that is more severe than necessary to achieve the purposes of the sanction (parsimony)
- cannot sentence offenders for any other purpose
2
Q
The five purposes
A
- punishment
- protection
- denunciation
- deterrence
- rehabilitation
3
Q
Punishment
A
- penalising offender + holding them accountable for unacceptable actions
- ensures retribution for victims/families (means that victims + families do not take own revenge
- imprisonment is ultimate form of punishment
4
Q
Protection
A
- removing offenders from society to ensure they do not pose a risk to safety and welfare
- some offenders are sentenced to long periods of imprisonment because they’re deemed a danger to society (even though imprisonment is meant to be a ‘last resort’)
- indicators that this purpose may be required include; horrendous crime, lack of remorse, callous attitude
5
Q
Denunciation
A
- court aims to publicly and formally criticise the offender’s behaviour
- expresses disapproval to indicate the offender has violated the moral and ethical standards of society
- often emphasised in cases that could be committed by large numbers of the community (tax fraud, king-hits)
6
Q
Deterrence (overview)
A
- aims to prevent an offender/general public from reoffending or committing a crime
- two kinds; general and specific
7
Q
Specific deterrence
A
- offender themselves is discouraged of reoffending through a sanction
- dependent on circumstances
- more effective on first-time offender than multiple offences
8
Q
General deterrence
A
- individuals other than the offender are discouraged from committing similar offences that would receive a similar sanction
- depends on the public knowing/understanding sanctions
- familiar with fines and imprisonment but not CCOs
