Sanctions Flashcards
fairness
all individuals being treated impartially under the law. no unfair biases. fair sanctions should reflect what society expects for the offence
equality
all people treated alike, regardless of race/ethnicity/gender/religion. equal sanctions should not differ on these bases, however level of remorse can affect sanctions
access
parties should be able to understand their rights and have access to systems, institutions and aid. offenders having access to counselling
victorian delegated bodies
agencies with jurisdiction given by parliament to create and/or enforce laws. includes WorkSafe Victoria and local councils.
arrest - powers and rights
power: arrest a person who has committed an indictable offence, ensure court appearance, preserve public safety, prevent further crime
rights: be told why, only disclose name and address
questioning - powers and rights
powers: police can question an arrested person
rights: remain silent, make a phone call, be questioned within a reasonable time
bail - powers and rights
powers: can be denied for a very serious crime, risk of accused fleeing, reoffending or intervening
rights: right to bail
court proceedings - power and rights
powers: be heard by County/Supreme after Magistrates has determined there is enough evidence
rights: presumption of innocence, hearing before an impartial court, trial without unreasonable delay
imprisonment - powers and rights
powers: power to remove an offender from society
rights: be outside for at least an hour a day, food and clothing
punishment
shows society that crime will not be tolerated. gives the victim and families a sense of justice.
deterrence
imposes a penalty sever enough to demonstrate the consequences of crime
general: designed to discourage others in the community
specific: designed to discourage the offender
protection
to ensure the safety of society by imposing a sanction that prevents the offender from harming again
rehabilitation
treat the offender. to reduce recidivism, which reduces costs for the government and crime rates.
custodial sanctions
the offender is removed from society and into an institution
denunciation
designed to demonstrate the community’s disapproval of the offender’s actions.
non-custodial sanctions
the offender serves the sentence in the community
imprisonment
type of sanction. serves as protection, punishment, and deterrence. may lead to rehabilitation
parole
an early release from prison
cumulative sentences
all sentences are served separately
concurrent sentences
all sentences are served simultaneously
recidivism
probability of a person reoffending
fine
a sum of money payable to the court, type of sanction. punishment and deterrence, as well as denunciation if the fine is high enough.
community corrections order
type of sanction that is non-custodial. must include at least one optional condition, which may be unpaid community work, rehabilitation, residence restriction, curfew, or other. punishment and deterrent, and rehabilitation in some cases. A CONVICTION IS RECORDED.
role of the jury
to listen to the evidence presented in court and decide if the accused is guilty or innocent. must remain unbiased and cannot perform own investigations. parties can make 3 peremptory challenges and unlimited challenges for cause. allows for community involvement in the trial.
