4.2 punishment

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4.2 punishment

  1. 1. THE PURPOSES OF PUNISHMENT Sentencing and Punishment
  2. 2. Deterrence • Specific • General Retribution Rehabilitation Incapacitation
  3. 3. Deterrence  Something that discourages or intends to discourage someone from doing something  Specific deterrence – aims to discourage the offender from reoffending  General deterrence – aims to “send a message” to the broader community, discouraging them from similar behaviour  Theoretically, issuing a more severe punishment will act as a stronger deterrent than a lower punishment.  In actuality, there is little evidence that severe sanctions are an effective deterrent. (E.g. death penalty for drug smuggling in Indonesia.)
  4. 4. Retribution  The main reason for placing sanctions on an offender  Relates to revenge or “payback”, but is bigger than this. It also ensures:  The offender is adequately punished  The offender is accountable for his/her actions  The harm done to the victim/community is recognised.
  5. 5. Rehabilitation  Will be considered in almost all cases  Aims to deter the offender from reoffending by attempting to change the mindset of the offender  Might involve:  Counselling and support groups  Clearly showing the result of their actions  Education programs  Media campaigns (community wide)
  6. 6. Incapacitation  „to protect the community from the offender‟ (Crimes [Sentencing Procedure] Act)  This often takes the form of removing the offender from the community  Imprisonment  Home detention  Cancellation of licence  (Removing resources eg firearms)

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