Flashcards in U3: AOS1 (Criminal - Sanctions + Reform) Deck (22)
What are the 5 purposes of criminal sanctions?’
5) Community Protection
What is punishment?
Inflicting loss or burden on the offender in a manner that is just, given the circumstances of the crime. These range from financial loss (fines) to deprivation of liberty (imprisonment).
What is deterrence?
Two types (general and specific deterrence)
General: Aims to prevent crime in the general population for fear of consequences.
Specific: Aims to prevent particular offender from reoffending
What is rehabilitation?
Establishing conditions that modify the behaviour of offenders so that they abandon their wrongdoing, and reintegrate into society as law-abiding citizens. Includes education programs that address the underlying issues that contribute to criminal behaviour.
What is denunciation?
Condemning and publicly criticising the conduct of an offender as wrong and inexcusable.
What is community protection?
Removal of an offender from the community in order to extinguish the threat that the offender may have to individuals in society.
What are mitigating factors? Give examples.
Evidence about the offender or the circumstance of the crime which may reduce the sentence.
- Offender was cooperative with police
- Offender showed remorse for crime
- Offender had minor/no criminal history
- Offender pleaded guilty
What are aggravating factors? Give examples.
Evidence about the offender or the circumstances of the crime which may increase the sentence.
- Offender has a criminal record
- Nature of the crime was particularly cruel
- Offender used a weapon
What are guilty pleas?
Mitigating factor where the accused confesses guilt to a crime at an early stage. It saves time, money, and stress for all parties.
What are victim impact statements?
Aggravating factor; a declaration (written or spoken) that outlines the impact of the crime on the victim, financially, emotionally, and physically.
What are 2 Cost Factors and how do they restrict the ability of justice?
1) Cost of legal representation (parties who can not afford representation will have to represent themselves, which is disadvantageous)
2) Availability of Legal Aid (due to a lack of funding, some people may be denied legal aid, and therefore given no legal assistance at all)
What are 2 Time Factors and how do they restrict the ability of justice?
1) Delays in preparing for a case for trial (gathering witnesses and determining what happened can cause victims distress, accused a loss of liberty and time)
2) Court delays (causes distress and loss of liberty - unreasonable delays, impacts those most vulnerable)
What are 2 Cultural Factors and how do they restrict the ability of justice?
1) Language barriers (foreigners will not understand, need translators to help understand law and case)
2) Direct questioning (may incriminate self from answering direct questioning incorrectly or suspiciously)
What recent reforms have assisted in solving Cost Factors?
1) Greater access to Legal Aid (expanding offices and funding)
2) Free Online Tool (Online tool to offer legal advice for those who can not afford representation or Legal Aid)
What recent reforms have assisted in solving Time Factors?
1) Increase in use of Court technology (digital filing, increased efficiency)
2) Removal of time limit for jury deliberations (majority verdict can be accepted earlier)
What recent reforms have assisted in solving Cultural Factors?
1) Expansion of Koori Court (greater access)
2) Funding for Aboriginal prisoners' programs (rehabilitation and drive down over-representation)
What are 2 recommended reforms to address Cost Factors?
1) Increase in funding for Legal Aid
2) Improving availability of Pro Bono services
What are 2 recommended reforms to address Time Factors?
1) Abolition of Committal Proceedings
2) Case management by Supreme Court
What are 2 recommended reforms to address Cultural Factors?
1) Improving access to interpreters
2) Further expansion of Koori Court
1) What is a fine?
2) What is its purpose?
1) An amount of money needed to be paid, imposed as a penalty for minor crimes.
1) What is a Community Correction Order?
2) What is its purpose?
1) Sentencing order that allows an offender to serve their sentence through community work.