Fines, community corrections orders and imprisonment, and thier specific purposes

Fines

  • An ammount of money that is payable to the state

  • calculated in penalty units

Punishment

  • may be achieved if amm of moneyis burden on the offender because most ppl value money and require it to live

  • if fine is too low compared to the wealth of offender, does not burden accused. if it is too much may not be able to pay and disregard the fine

Specific Detterence

  • sim to punishment if acts as a significant burden it will specifically deter

  • may not always be the case

  • if fine is not enforced or offender does not have any assets,cannot be enforced

General Deterence

  • society values money fines act as gen det

  • if too low society may not be dettered, if no publicity for certain dines then not detered

Denunciation

  • max amm that mag/judgecan give may send message to society that it is unnacceptable

  • lower level fines or unenforced fines do not denounce

Rehabilitation

  • through detterence a fine may rehabilitate

  • however no specific programs to change behaviours

Protection

  • through deterence fine may stop society thus protecting society

  • no specific safeguard in place to forbit certain actions

CCO’s

  • A non-custodial sentence served in community.

  • an order that core conditions that al offenders must follow with additional conditions that can be attached that cater to offenders needs

Punishment

  • takes away offenders liberties due to conditions attached

  • depends on length of CCO or additional conditions

Specific Detterence

  • takes away certain liberties which can act as specific deterrence

  • depends on length and additional conditions of the CCO

General Deterence

  • comm service and electronic monitoring can be viewed by society to. deter

  • may not be communicated to public

Denunciation

  • longer CCO with many additional conditions can send a strong message

  • may be seen as a weaker alternative to prison

Rehabilitation

  • several conditions imposed that can help offender change ways

  • served in community which can be seen as alot of support to allow them to reform thier behaviour

  • no strict monitoring

  • once CCO ends no gurantee that they will change ways

Protection

  • additional conditions can be imposed to reduce interaction with the public

  • if offenders are rehabilitated their crim behaviour may also cease

  • recidivism rates are approx 10% within 2 years

Imprisonment

  • removal of an offender from society and placing them in prison

  • there can be from lvl 1 imprisonment (life) to lvl 9 (6months)

Punishment

  • removal of offenders liberties act as a penalty

  • offenders circumstances such as carrer criminals or mentally ill ppl may not adequetly punish them

Specific Detterence

  • length of the term may deter as their liberties are removed

  • offenders circumstances and nature of prison term can expose offenders to negative influences and normalise criminality

General Deterence

  • longeer sentence sends strong message to society

  • unless the crime is committed by average member of society then society may not veiw as a deterrence

Denunciation

  • max sentence sends a strong message to the public

  • sentence has to be communicated to the public

Rehabilitation

  • programs for offenders in prison

  • offender may not be willing to participate

  • may be exposed to alcohol and drugs in prison

  • may not have positive prospects on rehab

  • offender may have long sentence and this may hinder veiw on the justice system

  • app 40% will return to prison in 2 years after release

Protection

  • if in custody is not a danger to society

  • if they are released and they have not been treated then their offending is likely to continue