Legal studies AOS3- SANCTIONS revision

define sanction

a penalty (e.g. a fine or prison sentence) imposed by a court on a person guilty of a criminal offence

community corrections order

- a non-custodial sanction (i.e. one that doesn't involve a prison sentence) that allows an offender to stay in the community, whilst completing their sanction, with conditions attached to the order.

- it can be combined with a fine or imprisonment

-cant be imposed on offenders who commit serious crimes (e.g. murder, rape, manslaughter, kidnapping)

- have mandatory conditions e.g. reporting to & recieving visits from CCO officer

-other conditions may be placed upon offenders like electronic monitoring

Optional conditions may be placed upon an offender as part of a CCO such as electronic monitoring

What is the purpose of a community corrections order?

-to serve as a flexible, non-custodial sentencing option that allows offenders to remain in the community under strict conditions while being held accountable for their actions, promoting rehabilitation, reducing reoffending, and ensuring community safety.

-this refers to:

Punishment

Deterrence

Denunciation

Protection

Rehabilitation

( see other cards)

Purposes of sanctions (P.R.I.D.E)

Protection - Keep society safe

Rehabilitation - Help them change

Individual deterrence - Stop them doing it again

Denunciation - Show it's wrong

Everyone else deterrence - Warn others

What is punishment? (Purpose of sanctions)

one purpose is to ensure that an offender has been penalised for their actions. It allows victims (and their families) to feel a sense of retribution.

What is deterrence? (Purpose of sanctions)

aims to discourage the offender and society from committing the same or similar offences in the future. There are two types of deterrence in general (society) and specific (the specific offender).

What is denunciation? (Purpose of sanctions)

•this sends a message that this type of behaviour will not be tolerated by the courts. It demonstrates the community's disapproval of the offenders' actions.

What is protection? (Purpose of sanctions)

•long sentences may be imposed to prevent offenders from harming society. A particulry horrendous crime or lack of remorse may lead to courts imposing a sanction designed to keep a person out of society as long as possible.

What is rehabilitation?(Purpose of sanctions)

one purpose is to treat the offender and to encourage them to change their ways. This may be achieved through education, training and support.

What are the types of sanctions? ** check if needed

Custodial sanctions: when the offender is removed from society

Non-Custodial sanctions: when the offender serves the sentence in the community

What are the forms of sanctions?

Fines, community corrections order, imprisonment

What is a fine? (form of sanction)

a monetary penalty that is paid by the offender to the state of Victoria. they are expressed as penalty units ($192.31)

What is meant by imprisonment? (form of sanction)

the most serious sanction and involves removing the offender from society.

-Parole is the early release of an offender from imprisonment. However, conditions and supervision apply. Parole must be applied for and is not automatically granted.

-Concurrent sentences are served at the same time, while cumulative sentences are served one after the other.

role of the jury in a criminal trial

-The role of a criminal jury is to decide guilt or innocence, provide unbiased decisions, ensure community involvement in the legal system, share decision-making and ensure that cases adhere to the principles of justice.

-The concept of a jury is that a random group of people are selected to hear the evidence and hand down a verdict.

-only used in country and supreme courts NOT Magistrates or during court appeals

-Jury of 12 required in County and Supreme Courts; 3 extra jurors for long trials

-Jurors are random Victorian voters aged 18+, with some exemptions

-Each side has 3 no-reason challenges; unlimited for valid reasons

-Jurors decide guilt beyond reasonable doubt; judge explains the law

-Verdicts must be unanimous, except majority allowed for some crimes

-Hung jury means no verdict and possible retrial

-Deliberations are private; jurors cannot research trial info

criminal sanctions

legal penalty given by a court to someone found guilty of a crime, such as imprisonment, fines, community correction orders etc.

community service

-A diversion program is available in the Magistrates' Court for summary offences. It is a way of dealing with a criminal matter without entering a plea or being found guilty.

-The onus is on the offender to ask for a diversion. A diversion plan may involve doing some sort of community service or others.