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Flashcards in Sentencing and Punishment Deck (36)
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1

What do the statutory and judicial guidelines aim to provide?

Uniformity in sentencing matters and enhance the integrity of the process

2

What are judicial guidelines

Previous cases that set precedent. Set by NSW court of appeal, not biding- judge/ magistrate apply discretion based on circumstances

3

Statutory guidelines

Informs judges of maximum sentences, standard non-parole period (minimum sentences) and mandatory sentencing

4

4 purposes of punishment

Deterrence
Retribution
Rehabilitation
Incapacitation

5

Types of deterrence

Specific: deter reoffending
General: deter community

6

What is retribution

Punishment considered to fit the crime

7

What is Rehabilitation designed to do

Reform the offender so they do not reoffend. Aim is to prevent recidivism
Eg drug/alcohol rehab, community service

8

Why is incapacitation used

Protect society by making offender incapable of re-offending by restricting their freedom

9

What is an aggravating circumstance? And what factors

Makes an offence more serious and can lead to increased sentence.
Factors can include:
-offence: violent etc.
-victim: age etc
-offender: abused trust? Etc

10

What are mitigating circumstances and what are some factors

Makes an offence less severe and reduces sentence. They explain cause
Factors can include:
- plea of guilty
- provoked
- generally a good person

11

What is the role of the victim in sentencing + act

Victims rights act 1996 (NSW) allows victims to give victim impact statements. Can also assist police and report crime

12

Types of appeals

Appeal against conviction (guilty/not guilty)
Sentence appeal (severity/leniency)

13

Penalties act

Crimes (sentencing procedures) act 1999 (NSW)

14

Types of penalties (12)

Caution
Fine
Bond
Probation
Criminal infringement notice
Penalty units
Intensive correction order
Community correction order
Conditional release order
Forfeiture of assets
Imprisonment
Diversionary programs

15

What is a caution

A formal warning without charge that is informally recorded on a persons record for minor drug offences ( cannabis caution scheme)
Young offenders act 1997 (NSW) allows police to give caution for minor offences

16

What is a fine

Monetary penalty

17

What does a bond do and what does it require

Limits an offenders behaviour for a period of time. Usually requires the offender to be of good behaviour and attend rehab

18

What does probation allow and how? Time period

Allows them to get on with their lives by NSW probation services keeping an eye on them through regular meetings. This supports them to rehabilitate and become law abiding citizens 12months - 2 years

19

What is a criminal infringement notice and what can they be issued for?

On the spot fines issued by police for:
- stealing less than $200
- obstructing traffic
- obtaining benefit by deception
- unlawful entry into a car or boat
- offensive language
The offender can choose to take it to court but if convicted get a criminal record if not don’t

20

What is a penalty unit

$110 basis of fines

21

Intensive correction order-what did it replace -what is it

Replaced: home detention, suspended sentence and old ICOs
It is a custodial sentence up to two years that can be served in the community with supervision and conditions

22

Community correction order
What did it replace and when is it used

Replaced community service order and good behaviour bond
Used when prison is too severe but fines are too lenient
Up to 3 years and has conditions such as supervision by CCO, community service (<500hrs) and curfews

23

Conditional release order
What did it replace and who is it used for and time limit

Replaced non conviction
For first time offenders where the offender is less likely to poses a risk to community
Up to 2 years
Acts as a warning and conditions can be imposed

24

Forfeiture of assets legislation and what is it for

Imposed as a sanction in response to criminal activity
Proceeds of crime act 1987 (CWLTH)
State legislation includes criminal assets recovery act 1990 (NSW)

25

Imprisonment act and aspects of it

Judge/magistrate determines length and non-parole period
The crimes (sentencing procedures) act 1999
$181 a day

26

What do diversionary programs aim to do

Rehabilitate the offender by making it a requirement of their sentence that they undertake a specific program eg drug court

27

What is circle sentencing

A form of sentencing for some aboriginal indigenous offenders where sentencing is conducted in a circle made up of local community members and a magistrate

28

What is restorative justice and what does it allow

A form of sentencing involving a voluntary conference between the offender and the victim.
Allows responsibility to be taken and gives the victim a voice normally for minor infringements and youth justice conferencing

29

Post sentencing considerations ( 7)

Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation

30

Different security classifications and how are they classified

Divisions of correctional sentences that are classified according to seriousness of crime and prospects of rehab
Max eg Goulburn
Medium eg parklea
Min eg emu plains