Criminal Sanctions
• aims of sanctions
• types of sanctions
• effectiveness of sanctions
Denunciation
Protection of
Retribution
society
Aims of criminal
sanctions
Punishment Deterrence
Rehabilitation
Retribution
This involves the concept of revenge - the offender must
pay for his or her crime.
• many believe the offender must pay for the crime they
committed
• society cannot take matters into their own hands,
rather through the courts, sentences will be seen as
satisfying the desire to avenge crimes
Deterrence
Another aim of punishment is to deter or discourage an
offender from repeating the criminal act.
A court might hope that a particular form of punishment
will make a certain offender reluctant to repeat the
offense.
Specific deterrence - to discourage an individual from
re-offending
General deterrence - to discourage the general
community from committing a crime
Rehabilitation and reform
In many cases, a court will aim to help an offender to
change his or her ways (reform) and to resume a
normal life free of criminal behaviour (rehabilitate).
• counselling
• detox (addictions)
Punishment
The view of society is that people must be punished if
they break the law.
Sentences imposed by the court are designed to punish
the offender for his or her actions.
Denunciation
Denunciation as an aim, is reinforcing to the offender
that his or her actions are unacceptable to society.
• to show disapproval of the crime committed
Protection of society
One of the main concerns of the courts is for the
protection of society.
A court may find it necessary to use imprisonment as a
way of preventing repetition of the offence.
Whilst in prison, the offender cannot re-offend and
hence society is safe from the actions of the offender.
Types of sanctions
• discharge • suspension or
• adjournment with or cancellation of driver’s
without conviction licence
• fine • imprisonment
• dismissal • home detention
• community based order • drug treatment order
• youth detention • intensive correction order
• suspended sentence
Effectiveness of criminal
sanctions
In order to be effective, a criminal sanction should fulfill
the aims of criminal sanctions.
How effective is imprisonment?
It is in terms of punishment and protection of society.
Many prisoners learn their lesson in prison and stay
on the straight and narrow once released.
A prison sentence will protect other people
from the offender (protect society) but will it
rehabilitate the offender?
Studies have shown the incidence of violence and
sexual assaults in prisons are high.
In addition, prisoners learn new “tricks of the trade” in
illegal activities whilst they are in prison.
Recidivism rates are high, leading us to conclude that
prisons are failing to act as a deterrence (specific).
Prisons and rehabilitation
Prisoners when released have mixed emotions and
feelings. Their experience in prison has lasting effects
that continue after they are released.
• low self-worth
• difficulty getting close to people
• rapidly changing moods
• high anxiety
• scared to leave, scared to integrate back into the
community
• struggle with decision-making
Ex-prisoners need support programs to help them deal with
these problems.
One such organisation that deals with these issues is the
Victorian Association for the Care and Resettlement of
Offenders (VACRO).
They provide:
• information booklets for families
•survival guide booklet for prisoners
• helpline
• counselling
• family liason workers
• support group for offenders
• travel assistance
Home Detention
Is home detention a more effective sanction to
imprisonment?
In some situations it is a better alternative as it allows
offenders to:
• maintain employment and education
• keeps families together
Programs, employment and unpaid community work
undertaken by the offenders provide for a positive
contribution to society.
Community based orders and intensive
correction orders
As conditions are placed on these orders that involve
treatment and counselling, these sanctions can be very
effective in terms of rehabilitation.
In addition, as the offender is required to perform unpaid
community work, the aim of punishment is being fulfilled.