Topic 4

Question 1

What are the 5 main purposes of sentencing in Victoria?

Answer 1

1. Community protection
2. Rehabilitation
3. Fair and just punishment
4. Deterrence
5. Denunciation

Question 2

What is Community Protection?

Answer 2

• People should feel safe in the community, in public spaces
• Some criminals are very dangerous, are likely to re-offend

Question 3

What is Rehabilitation?

Answer 3

The system tries to help offenders improve, learn from their mistakes so that they are less likely to re-offend in the future

Question 4

What is Fair and just punishment?

Answer 4

• Punishments should reflect the severity of the crime.
• The more severe the crime, the harsher the sentence.
• This provides a sense of justice to the victim and the
  community.

Question 5

What is Deterrence?

Answer 5

• Deterrence means to discourage offenders from committing similar crimes

Question 6

What are the two types of Deterrence and explain?

Answer 6

There are two types of deterrence – general and specific:
- Sanctions should discourage re-offending by the criminal – this is
called specific deterrence.
- Sanctions should also send a message of discouragement to the
whole community – this is general deterrence.

Question 7

What is Denunciation?

Answer 7

Denunciate means public condemnation of something – in other
words, to publicly say that you do not approve of something.

Question 8

What is a fine?

Answer 8

A fine is a monetary penalty imposed on an offender.

Question 9

Definition of a fine as a criminal sanction?

Answer 9

A fine is a monetary penalty imposed by judges or the court with or without conviction.

Question 10

When can fines be issued?

Answer 10

Fines can be issued:
1. as a sanction by the court
2. by police and other authorised government officials (Metro ticket inspectors)

Question 11

What is recidivism?

Answer 11

The tendency of a convicted criminal to re-offend.

Question 12

What can you be fined for?

Answer 12

Breach of laws relating to things like:
- safe handling of food in businesses
- road safety offences (texting while you are driving)
- parking offences
- public transport - related offences (not validating your myki)
- liquor control

Question 13

What are CCOs?

Answer 13

• CCO= Community Corrections Order
  It is a supervised sentence served in the community

Question 14

Are CCOs available to everyone?

Answer 14

• CCO’s are not available to everyone
• Crime cannot be too serious or too minor
• Court has to assess whether criminal is appropriate (will they co-operate; are they mentally stable)
• Criminal has to agree

Question 15

What are the mandatory conditions for CCOs?

Answer 15

• you cannot leave Victoria without permission
• you must notify your officer of change of address
• you must report to officer frequently and listen to their
  directions

Question 16

What are the optional conditions for CCOs?

Answer 16

• Unpaid community work (maximum of 600 hours)
• Treatment and rehabilitation programs
• Area exclusion, curfew, non-association
• Supervision

Question 17

What is youth diversion?

Answer 17

Youth Diversion is a sanction that provides an opportunity for eligible young people appearing before the Children’s Court to:

• accept responsibility for their behaviour
• complete a diversion program
• have the charge/s against them dropped, upon successful completion of the diversion plan
• avoid the negative stigma associated with a criminal record.

Question 18

What does youth diversion do for first-time offenders?

Answer 18

• provides an opportunity for first time offenders charged with minor crimes to avoid getting a disclosable criminal record.
• prevents a youngster from progressing through, being dealt with by the criminal justice system

Question 19

Who is eligible for youth diversion?

Answer 19

1. Offender must almost always be a first time
   offender
2. Charge must relate to a minor crime
3. Offender has to acknowledge that they did
   wrong

Question 20

Steps of Youth Diversion

Answer 20

1. Juvenile who has never offended charged with a minor offence (vandalism, tagging, theft)
2. The accused admits their crime before any court hearing - and does not have to go to court
3. The accused successfully completes an agreed diversion program
4. Charged against the accused is dropped
5. The accused does not face court, does not get a criminal record

Question 21

What might an offender have to do as apart of their youth diversion?

Answer 21

Offender might only have to do things like:
- a letter of apology to the victim
- a reflective discussion to improve a young person’s understanding of their offending behaviour.
- an education-related intervention (such as support to improve attendance or re engagement with education, training or employment)
- a commitment to participate in an activity to address a health or well being concern.

Question 22

Prison Sentences

Answer 22

• The maximum term for each offence is stated in legislation
• The actual sentence given may vary depending upon many factors
  (including the court in which the case is heard).
• When the sentence imposed is at least two years’ imprisonment, a minimum term must (in almost all cases) be set.

Question 23

What is parole?

Answer 23

• Parole allows a prisoner to serve part of their sentence of imprisonment in the community.
• While on parole, a prisoner will be subject to parole conditions and under supervision.

Question 24

Purposes of Imprisonment?

Answer 24

• Punishment
• Denunciation
• Discouragement

Question 25

Advantages of the Death Penalty?

Answer 25

- Saves money - Provides justice for victims - Deterrence - Community protection

Question 26

Disadvantages of the Death Penalty?

Answer 26

- Lets killers off too easily - It is inhumane - It cannot be reversed - No second chance