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legal ch 4.9-4.12
u3 aos1 criminal justice system
| Question | Answer |
|---|---|
| S 5(1) of Sentencing Act 1991 (Vic) | guidelines judge has to follow when determining a sentence |
| Purposes of S 5(1) of Sentencing Act 1991 (Vic) | promote consistency of approach in sentencing and to probe fair procedures for imposing sanctions |
| Rehabilitation | designed to address the underlying reasons for the crime and treat the offender based on those reasons. eg addiction leading to commission of the offence, trauma or difficulties in their life |
| Why is prison not ideal for rehabilitation? | not an ideal place to be treated if you have a mental illness or a significant addiction. There is great exposure to drug use in prison so rehabilitation is difficult. |
| Punishment | provides the community with an opportunity to seek their revenge against their offender and feel like justice has been served |
| General deterrence | aimed at discouraging other people from committing similar crimes |
| Specific deterrence | aimed at discouraging that particular offender from committing the same offence again |
| Denunciation | disapproval of the court because something crosses a moral line. Expressing additional moral outrage by making it a harsher sentence. |
| example of denunciation | giving a really harsh sentence for a particularly violent rape and making a comment that the court is showing disapproval of this type of behaviour |
| Protection | aims to safeguard the community from the offender. improsionemtn is best for this. ccos are ok (Keep offenders busy when they might be engaging in crim activity . Add conditions such as can’t go close to the vic, live at a specific address) |
| Fines | financial penalty requiring the offender to pay an amount of money to the government (not court) |
| Identify the sentencing purposes of fines | punishment, both deterrences, denunciation |
| appropriateness fines 1 | Court must consider the financial circumstances of the offender and the burden it will impose (Will not punish or deter them if it’s not tailored to the offender). |
| appropriateness fines 2 | Ability to denounce the crime- a level 2 fine (highest fine) may not even send a strong enough message about the court’s disapproval to the community |
| appropriateness fines 3 | Whether it is sufficient to act as a general deterrent- eg if a fine is too small it won’t deter rich people |
| Community Correction Orders (CCOs) | supervised sentenced served in the community with special conditions attached to them. non-custodial sentence. More than 5 penalty units but no less than category 1 or 2 offences ( |
| examples of special conditions attacged to ccos | treatment and rehab, non-association, residence restriction or exclusion, alcohol exclusion, unpaid community work |
| Identify the sentencing purposes of CCOs | punishment, rehabilitation, specific deterrence |
| appropriateness ccos 1 | Whether the offender will comply with the conditions. won’t work unless they follow the sanction as it’s up to the offender to comply. Has the offender committed an offence before? Have they proven they are unwilling to comply with the CCO conditions? |
| appropriateness ccos 2 | Whether the CCO properly protects the community (if protection is relevant) |
| Imprisonment | removing the offender from society for the stated period of time and they will lose their freedom and liberty. mag court impose max 2 years. |
| Non-parole period used for | prison sentences less than 1 year (bw 1-2 the court can decide) |
| Parole | the supervised and conditional release of a prisoner after the minimum period of imprisonment has been served |
| Concurrent sentence | runs at the same time as another sentence. E.g. someone charged w theft (6 months) AND assault (2 years) will have to spend only 2 years in prison because sentences are being served at the same time |
| Cumulative sentence | sentence served straight after another sentence. ^ would serve 2.5 years. used for serious offences, where prison is used instead of a fine |
| Aggregate sentences | a single sentence of imprisonment imposed for 2+ charges in a case, without it being separated by the charges specified. E.g. theft and assault given 3 years but not specified how much of the 3 years is each one |
| Indefinite sentences | used if an adult is convicted by County or Supreme for a serious offence (Murder, manslaughter, child homicide, threats to kill, rape, kidnapping, armed robbery, sexual offences involving children under 16) |
| Conditions to impose an indefinite sentence | if it is satisfied to a high degree that the offender is a serious danger to the community. eg character traits, past history, health, age, mental condition., Nature and gravity (graveness) of the serious offence |
| Identify the sentencing purposes of imprisonment | all 5 (rehabilitation is a bit iffy). Seen as the sanction of last resort |
| appropriatness of imprisonemtn 1 | Rate of recidivism and whether imprisonment is effective |
| appropriateness of priosn 2 | Exposure of the offender to negative influences- availability of drugs and how this impacts rehabilitation (if that’s the purpose). Spending time with other prisoners and may get influenced. lack of good mental care in prison for rehabiliation(if purpose) |
| appropriateness of prison 3 | The extent to which the community is protected if short prison terms are given |
Created by:
pg0612345
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