Punishment and sentencing
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Punishment and sentencing






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Punishment and sentencing Punishment and sentencing Presentation Transcript

  • Sentencing and Punishment Section 4 - CrimeThursday, 25 August 2011 1
  • Statutory and Judicial GuidelinesThursday, 25 August 2011 2
  • Statutory and Judicial Guidelines The Crimes (Sentencing Procedure) Act 1999 (NSW) is the primary source of sentencing law Maximum penalties are decided by parliamentary legislation Judicial Discretion - the power of a judge or magistrate to make a decision within a range of possibilitiesThursday, 25 August 2011 2
  • Thursday, 25 August 2011 3
  • Judicial officers can be guided by former judgments where similar facts have arisen Mandatory sentencing - removal of judicial discretion, by setting a minimum or mandatory sentence for a particular offenceThursday, 25 August 2011 3
  • Purposes of Punishment DETERRENCEThursday, 25 August 2011 4
  • Purposes of Punishment DETERRENCE specific deterrence - punishment against an individual offender aiming to deter them from committing crime in the future general deterrence - punishment attempting to make an example of an offender in order to send a message to the rest of the communityThursday, 25 August 2011 4
  • KELLI LANE SENTENCINGThursday, 25 August 2011 5
  • 1. RETRIBUTIONThursday, 25 August 2011 6
  • 1. RETRIBUTION punishment considered to be morally right or deserved based on the nature of the crime This punishment is seen as ‘getting even’ where it is proportionate to the crime but not done in violent way e.g Teenager who burnt Australian flag, part of his punishment was to spend time with RSL membersThursday, 25 August 2011 6
  • 2. REHABILITATIONThursday, 25 August 2011 7
  • 2. REHABILITATION an objective of sentencing designed to reform the offender to prevent them committing offences in the future recidivism - habitual or repeated lapses into crime e.g drink driving course, drug rehabilitationThursday, 25 August 2011 7
  • 3. INCAPACITATIONThursday, 25 August 2011 8
  • 3. INCAPACITATION to make an offender incapable of committing further offences by restricting their freedom Home detention, licence cancellation and imprisonment are types of incapacitationThursday, 25 August 2011 8
  • Factors Affecting the Sentencing DecisionThursday, 25 August 2011 9
  • Factors Affecting the Sentencing Decision aggravating factors - which are circumstances that make the offence more serious and can lead to an increased sentence gratuitous violence - excessive amount of violence carried out without reason, cause or excuse mitigating factors - which are circumstances that make the offence less severe and can lead to a reduced sentence remorse - deep regret or sorrow for one’s wrongdoingThursday, 25 August 2011 9
  • Thursday, 25 August 2011 10
  • Objective factors - circumstances of the crime Subjective factors - personal state of mind of the offender whether the accused pleaded guilty whether the offender assisted law enforcement authorities a victim impact statement from victims of the offenceThursday, 25 August 2011 10
  • The Role of the Victim in SentencingThursday, 25 August 2011 11
  • The Role of the Victim in Sentencing Victims can: Report the crime Testify at the trial and submit a Victim Impact StatementThursday, 25 August 2011 11
  • Thursday, 25 August 2011 12
  • Victims of Crime are recognised under Victims Rights Act 1996 (NSW) Victim Impact Statements are only used for serious crimes (sexual assault)Thursday, 25 August 2011 12
  • Thursday, 25 August 2011 13
  • Positives Negatives Opportunity for the victim to can be very subjective yet express themselves in the have a significant effect on criminal process sentencing Reduced sentences are given Allows victim to express their to offenders in family deaths grief and anger publicly because they loved them Improves the justice of the Reduces objective factors victim involved in the crime from the decisionThursday, 25 August 2011 13
  • AppealsThursday, 25 August 2011 14
  • Appeals appellant - in an appeal case, the party who is making the appeal The crown can also appeal against a conviction or sentenceThursday, 25 August 2011 14
  • Thursday, 25 August 2011 15
  • Two Types: appeal against conviction problems that may have existed with the prosecution case sentence appeal severity of the sentence (offender) or leniency of the sentence (prosecution) e.g Bilal Skaf caseThursday, 25 August 2011 15
  • Type of PenaltiesThursday, 25 August 2011 16
  • Type of Penalties Caution a formal warning without charge issued by police for less serious offences e.g Young Offenders Act 1997 (NSW) No Conviction Recorded When an offender is charged and found guilty of the crime but has not been recordedThursday, 25 August 2011 16
  • Thursday, 25 August 2011 17
  • criminal infringement notice a notice issued by the police outside of court alleging a criminal infringement and requiring payment of a fine bond a compulsory condition imposed on the offender for a period of time, which the offender undertakes to comply withThursday, 25 August 2011 17
  • Thursday, 25 August 2011 18
  • Fines The most common sentencing option used in Australia. A fine is a monetary penalty imposed on an offender and usually applies for less serious offence penalty units a specified unit of money used in legislation to describe the fine payableThursday, 25 August 2011 18
  • FINE QUOTA NSW POLICEThursday, 25 August 2011 19
  • Thursday, 25 August 2011 20
  • Forfeiture of Assets loss of rights to property or assets as a penalty for wrongdoing probation a type of good behaviour bond where the offender is released on condition of good behaviour but placed under some form of supervisionThursday, 25 August 2011 20
  • Thursday, 25 August 2011 21
  • community service order where the offender is sentenced to serve specified hours of work in the community home detention imprisonment sentence where the offender is confined to their home under certain conditions of monitoringThursday, 25 August 2011 21
  • HINCH HOME DETENTIONThursday, 25 August 2011 22
  • Thursday, 25 August 2011 23
  • Imprisonment The most severe sentence that can be imposed in Australia and is considered a sentence of last resort periodic detention imprisonment sentence where the offender spends a period of each week or month in prison and the rest of the time at homeThursday, 25 August 2011 23
  • PERIODIC DETENTIONThursday, 25 August 2011 24
  • Thursday, 25 August 2011 25
  • diversionary program an alternative to the traditional court system, diversionary programs focus on therapeutic justice and rehabilitation of offendersThursday, 25 August 2011 25
  • Alternative Methods to Sentencing 1. CIRCLE SENTENCINGThursday, 25 August 2011 26
  • Alternative Methods to Sentencing 1. CIRCLE SENTENCING a form of sentencing for some adult Aboriginal offenders where sentencing is conducted in a circle of local community members and a magistrate To make it more meaningful to the offender and improving Aboriginal confidence in the criminal justice system aims to reduce recidivism ratesThursday, 25 August 2011 26
  • CIRCLE SENTENCING NSWThursday, 25 August 2011 27
  • 2. RESTORATIVE JUSTICEThursday, 25 August 2011 28
  • 2. RESTORATIVE JUSTICE a form of sentencing involving a voluntary conference between the offender and the victim of the crime offender is given the opportunity to apologise or make amends for their act Highly effective for the rights of the victim and through youth justice programsThursday, 25 August 2011 28
  • Post Sentencing ConsiderationsThursday, 25 August 2011 29
  • Post Sentencing Considerations When sentenced to imprisonment, offender will be given a security classification Crimes (Administration of Sentences) Act 1999 (NSW)Thursday, 25 August 2011 29
  • 1. SECURITY CLASSIFICATIONThursday, 25 August 2011 30
  • 1. SECURITY CLASSIFICATION three classifications: 8 maximum security - Goulburn (males), Silverwater (females) 13 medium security - Tamworth 10 minimum securityThursday, 25 August 2011 30
  • Thursday, 25 August 2011 31
  • NSW PRISON POPULATIONThursday, 25 August 2011 32
  • 2. PROTECTIVE CUSTODYThursday, 25 August 2011 33
  • 2. PROTECTIVE CUSTODY Provided to offenders who are suspect from attack from other prisoners offences against children Police officers Politicians HIV/Aids prisoners given information about other prisonersThursday, 25 August 2011 33
  • 3. PAROLEThursday, 25 August 2011 34
  • 3. PAROLE Conditional release of a prisoner from custody after the completion of the minimum term of the sentence When releases on parole, the parolee needs to meet a parole officer to maintain their conditions which can include: Good Behaviour Bond Not Reoffending gaining employment avoiding company or a specified areaThursday, 25 August 2011 34
  • 4. PREVENTATIVE DETENTIONThursday, 25 August 2011 35
  • 4. PREVENTATIVE DETENTION detention of a person in custody without having committed any offence, in case of some future harm that they may commit. There are two types:Thursday, 25 August 2011 35
  • PREVENTATIVE DETENTION WITHOUT CHARGE unconstitutional in the High Court case of Kable v DPP (1996) Terrorism (Police Powers) Act 2002 (NSW) enacted legislation Decreases the accused rightsThursday, 25 August 2011 36
  • Thursday, 25 August 2011 37
  • POST SENTENCE PREVENTATIVE DETENTION Crimes (Serious Sex Offenders) Act 2006 (NSW) Continued detention can be applied by the attorney general if there is a strong responsibility that they will reoffendThursday, 25 August 2011 38
  • 5. SEXUAL OFFENDERS REGISTRATIONThursday, 25 August 2011 39
  • 5. SEXUAL OFFENDERS REGISTRATION Established under the Child Protection (Offenders Registration) Act 2000 (NSW) Minimum 8 years for adult offenders, 4 years for juveniles 2009, there were over 10 500 offenders registered nationally.Thursday, 25 August 2011 39
  • 6. DEPORTATIONThursday, 25 August 2011 40
  • 6. DEPORTATION Non-Australian citizen who is convicted of a criminal offence applies to an offender with a sentence of more than 12months but has not served more then 10 yearsThursday, 25 August 2011 40
  • Multiple Choice: Crime 1 Which of the following is true of restorative justice? a) it brings together the offender and the victim so that the offender can see the impact they have had on the victim b) it is the most severe form of punishment c) it gives the offender the opportunity to confess to the crime d) it aims to send a message to the rest of society that the law is serious about crimeThursday, 25 August 2011 41
  • ANSWER a it brings together the offender and the victim so that the offender can see the impact they have had on the victimThursday, 25 August 2011 42
  • 2 The victim’s role in sentencing by providing a victim impact statement is: a to tell the offender exactly what they think of them b to influence the judge into giving the maximum penalty c to make sure justice is achieved d to express the effect the crime has had upon their lifeThursday, 25 August 2011 43
  • ANSWER d to express the effect the crime has had upon their lifeThursday, 25 August 2011 44
  • 3 Which of the following is not likely to be a mitigating factor? a the offender assisted the victim after the offence b the offender had experienced similar treatment in their life c the offender was under the influence of alcohol or drugs d the offender shows contrition or remorseThursday, 25 August 2011 45
  • ANSWER c the offender was under the influence of alcohol or drugsThursday, 25 August 2011 46
  • 4 What is the main purpose of the Home Detention Act 1996 (NSW)? a to keep certain offenders out of jail while still severely restricting their lifestyle b to shame offenders c to inflict pain and suffering on offenders d to prevent others from being harmed by offendersThursday, 25 August 2011 47
  • a) to keep certain offenders out of ANSWER jail while still severely restricting their lifestyleThursday, 25 August 2011 48
  • ANSWER 5 Imprisonment has been shown to: a) reduce recidivism b) reduce reoffending c) increase reoffending d) increase rehabilitationThursday, 25 August 2011 49
  • c) increase reoffendingThursday, 25 August 2011 50
  • 6. Which of the following is not usually grounds for appeal by the convicted person? A) Substantial new evidence has become available. B) The convicted person disagrees with their conviction. C) There is an error of law that was made by the trial judge. D) The judge did not take into account some of the evidence presented.Thursday, 25 August 2011 51
  • B) The convicted person disagrees with their conviction.Thursday, 25 August 2011 52
  • 5 Which of the following offenders is likely to be given community service? A) An offender who commits a minor assault. B) An offender who has carried out a major fraud against their employer. C) An offender who has a second low-range alcohol driving offence. D) An offender who has committed a first break, enter and steal.Thursday, 25 August 2011 53
  • ANSWER D) An offender who has committed a first break, enter and steal.Thursday, 25 August 2011 54
  • Extended Response:Crime Evaluate the effectiveness of the criminal justice system in managing sentencing of offenders. To what extent do penalties imposed during the sentencing process achieve justice for victims, offenders and society?Thursday, 25 August 2011 55