1012CCJ Week 10 Punishment PPT

Course Information

Course Code: 1012CCJ: Police, Courts and CorrectionsLecturer/Convenor: Thalia EdmondsEmail: tedmonds@griffith.edu.auPronouns: She/HerPreferred Name: ThaliaInstitution: Griffith University

Acknowledgement of Country

Griffith University acknowledges the Traditional Custodians of the land on which the institution operates and pays respect to Elders, both past and present. The university extends its respect to all Aboriginal and Torres Strait Islander people and recognizes their enduring connection to the land, waters, and communities.

Week 10 Overview

Topic: Punishment and SentencingKey Elements:

• Understanding punishment and its legal and ethical justifications

• Exploring the purposes and principles of sentencing

• Identifying and analyzing factors that are relevant to sentencing decisions

Lecture Overview

Key Focus Areas:

• Examination of punishment, its justifications, and application in the criminal justice system

• Overview of sentencing purposes and principles

• Detailed discussion on factors relevant to sentencing, including legislative context and case law

• Comprehensive overview of judicial processes, which includes Investigation, Arrest, Charge, Pre-charge detention, Bail, Sentencing, Trial, and Punishment. This includes how each stage interacts and impacts the outcomes for offenders.

Weekly Reading

Text: White, R., Santina, P., & Loene, H. (2019). Crime, Criminality and Criminal Justice (3rd Edition). Oxford University Press Australia & New Zealand.Chapters: 21 and 22, focusing on the intricacies of punishment theories and the practical implications of sentencing in diverse cases.

Punishment and Its Justification

Penological Principles

• Deterrence: Punishment aimed at preventing crime through fear of its consequences, encompassing both specific deterrence (focused on the individual) and general deterrence (aimed at society).

• Retribution: The principle of proportional punishment, ensuring that the severity of punishment corresponds to the severity of the offense, embodying the notion of ‘payback’ for the harm caused.

• Incapacitation: A strategy aimed at preventing future crimes by restricting the offender's ability to commit further offenses, often through imprisonment.

• Rehabilitation: Initiatives designed to transform behavior and reintegrate offenders into society through therapeutic programs and educational opportunities.

• Restitution: A process in which offenders are required to compensate their victims or society, aiming to restore balance and address the harm done.

Justifications for Punishment

Perspectives

• Consequentialist: This viewpoint emphasizes outcomes and the benefits to society as a whole, advocating that punishment should ultimately serve to enhance overall safety and order.

• Expressive: Reflects the moral values of society and articulates disapproval of criminal behavior, framing punishment as a societal response.

• Normative: Establishes and upholds parameters of acceptable behavior, ensuring societal norms are recognized and adhered to by all members of the community.

Objectives and Principles of Criminal Punishment

Consequentialist Aims

• Reform and Rehabilitation: Focus on correcting behavior and societal integration as beneficial outcomes of the criminal justice process.

• Incapacitation and Community Protection: Prioritizing the safety of the community by removing dangerous individuals from the environment, thereby preventing further offenses.

• Deterrence: Implementing penalties designed to discourage future infractions through both specific (individual) and general (societal) deterrence strategies.

Justifications for Punishment

Expressive Aims

• Retribution and Just Deserts: Providing a moral grounding for punishment, ensuring offenders are held accountable in a manner that reflects the gravity of their misconduct.

• Denunciation: Presents punishment as a formalized societal condemnation of harmful behavior, reinforcing community standards and expectations.

Sentencing Purposes and Principles

Purposes of Sentencing (Penalties and Sentences Act 1992 (Qld))

1. To punish offenders proportionately and justly.

2. To facilitate rehabilitation under court conditions, encouraging reformative practices.

3. To deter future offenses effectively, creating a safer society.

4. To publicly denounce the conduct of offenders, ensuring community standards are maintained.

5. To protect the community from offenders, particularly those posing a significant risk.

Sentencing Principles

Key Principles

• Proportionality: Emphasizes an appropriate relationship between the seriousness of the offense and the resultant punishment.

• Parsimony: Advocates for imposing the least severe sentence necessary to achieve the goals of punishment.

• Totality: Provides a mechanism to ensure fairness when sentencing for multiple offenses, promoting an equitable overall sentence.

• Consistency: Ensures similar cases receive similar treatment, fostering fairness and predictability in sentencing outcomes.

• Parity: Guarantees that similar sentences are administered for similar offenses, maintaining public trust in the justice system.

• Individualized Justice: Promotes fairness by considering individual circumstances, needs, and circumstances surrounding the offense.

Factors Relevant to Sentencing

• Non-custodial Orders: Include absolute discharges, good behavior bonds, fines, community service, restitution, non-contact orders, and probation, showcasing a variety of alternatives to imprisonment.

• Custodial Orders: Encompass imprisonment, intensive correction orders, and suspended sentences, reserved for more serious offenses or repeat offenders.

Discretion in Sentencing

Stages Where Discretion Occurs:

• Police Pre-trial Decision-Making: Officers’ judgments during arrest and charge processes.

• Prosecution and Defense Pre-trial Decision-Making: Decisions influencing plea bargaining and the direction of the case.

• Judicial Discretion during Trial and Sentencing: Judges’ discretion in imposing verdicts and penalties, considering myriad factors brought forth during proceedings.

• Examples of Discretion: Covers areas such as arrest decisions, plea negotiations, alternative sentencing options, and parole determinations.

Aggravating and Mitigating Factors

• Aggravating Factors: Information presented that suggests the necessity of a harsher sentence due to the nature or circumstances of the offense.

• Mitigating Factors: Information indicating that a less severe sentence may be appropriate, often related to the offender's circumstances or the context of the crime.

Juveniles and Special Considerations

• The age of juvenile offenders is often considered as a mitigating factor, with alternatives to incarceration prioritized to promote rehabilitation.

• Sentencing for juveniles typically involves shorter detention terms, consistent with principles of restorative justice unless absolutely necessary for public safety.

Guiding Sentencing Frameworks

• Mandatory Sentencing: Implementation of fixed penalties for specific offenses aimed at increasing consistency in sentencing practices.

• Sentencing Advisory Councils: Bodies that assist in the development of guiding principles and rules, contributing to judicial consistency and fairness.

Appeals

Grounds for Appeals

Conviction Appeals:

• Involve claims of legal errors, jury misjudgments, and instances of miscarriages of justice that warrant reconsideration of the verdict.

Sentence Appeals:

• Address concerns over excessive or inadequate sentencing, appealing for a reassessment based on judicial errors or misapplication of legal principles.

Types of Courts

Overview of Court Structure

• Magistrates Court: Deals with summary offenses and commits more serious offenses to higher courts.

• District Court: Handles serious offenses and hears appeals from the Magistrates Court, shaping essential precedents in the judicial system.

• Supreme Court: The highest state court that adjudicates the most serious cases including hearing appeals from lower courts, establishing critical legal standards.

References

Key Texts and Sources:

• Hardy, K. (2020). Law in Australian Society. Taylor & Francis.

• Queensland Government (2018). Sentencing guidelines.

• Queensland Sentencing Advisory Council (2021). Queensland Sentencing Guide.

• White, R., Santina, P., & Loene, H. (2019). Crime, Criminality and Criminal Justice (3rd Edition). Oxford University Press Australia & New Zealand.