Brookie-iluvmat
New Member
- Joined
- Dec 12, 2004
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Just thought i'd post some notes to help you out if anyone needs it??
The types of punishments that could be used by a court in criminal proceedings are incarceration including: imprisonment, periodic detention and home detention; fines, community service, probation, bonds and rehabilitation.
Fines
These are one of the most common penalties. Fines are usually imposed for less serious summary offences. Within New South Wales fines are based on penalty units. These penalty units are around $120 each and the more serious the crime, the more penalty units are attached to it.
Fines cost very little to enforce and traffic fines can be a source of revenue for the government. These are both seen as advantages. Fines also have their disadvantages as they are often seen to be unfair as they don’t take into account the offenders ability to pay the fine.
Bonds
Bonds are used extensively by the courts. The most common type of bond is the good behaviour bond, lasting usually no more than 3 years. A good behaviour bond requires the offender to comply with certain conditions. This is seen as an advantage because it has the ability to rehabilitate the offender, for example, going to a drug rehabilitation centre. Bonds are suitable for less serious offenders who are not seen as a threat to the community. If a person on bond fails to comply with the regulations they face other forms of punishment, such as a fine or imprisonment.
Community Service Orders
This is a relatively new addition to the penalties available in New South Wales. It was established in the 1980’s and is commonly used to punish minor crimes such as vandalism and petty thieves. Community Services Orders requires offenders to perform unpaid community work in their leisure time. The court can impose a more severe punishment if the offender fails to carry out the required work. The many benefits of Community Service Orders includes they are inexpensive, assists and benefits the general community. The work can help to rehabilitate offenders often by learning new skills or if they are confronted by the consequences of their crime.
Probation Orders
Probation orders are similar to good behaviour bonds. The offender is placed under supervision of a probation officer, but does not serve time in prison. Once the offender agrees to good behaviour for a certain crime, they have to report to a probation officer regularly.
Offenders who have not committed any new offences by the end of the required period are discharged and no conviction is recorded. Offenders who re-offend or break any of the probation conditions are punished for the original offence and also and subsequent offences. The advantages of probation orders are that it is inexpensive; can rehabilitate the offender; and that they are more serious than a good behaviour bond, but still suitable for less serious offences.
Home Detention
Home detention is also a relatively new form of punishment. Crimes such as fraud and drink-driving are often punished using home detention. There are various forms of home detention and all involve close monitoring of the offender. Home detention was formally adopted as a sentencing option for courts under the Home Detention Act (1996) NSW. The offender wears an anklet or wristlet which can be attached to a phone line. The device must be attached to the phone when the supervising officer rings, which is at random times. Home detention is seen as appropriate for those convicted of a non-violent crime, other advantages include: it decreases prison population, it can rehabilitate the offender and enable people with family responsibilities to stay at home.
Periodic Detention
Periodic Detention allows the offender to serve their prison sentences on a periodic basis (e.g. very weekend). This allows the offender to maintain their employment and family life. Prisoners are usually required to perform some sort of community service during their weekend detention. Periodic detention is less costly than imprisonment which is seen as a major advantage.
Imprisonment
Imprisonment is the most severe penalty that an Australian Court can order. There are different levels of security for different degrees of offences. The maximum security prison is for the most violent and brutal crimes, maximum security prisons are seen as the harshest penalty. At the other end of the scale there is the low security prison/farm where prisoners live in a much more lenient environment. All prisoners spend some time in a maximum security prison until they have been classified by the Department of Corrective Services.
Advantages of imprisonment include: it makes it difficult for the offender to re-offend while in prison and serious offences receive a serious punishment.
Rehabilitation
Rehabilitation attempts to deal with the issues and problems of criminals in a more sympathetic manner. This is done by identifying the underlying causes of a criminal’s behaviour and addressing these issues through counseling, drug rehabilitation, education and training.
The advantages of rehabilitation include: is has the ability to reduce recidivism, the pattern of repeated occurrences of criminal behaviour. This is done by creating opportunities for prisoners to lead a life free of crime upon their release, such as learning a trade.
The range of objectives is subjecting offenders to punishment are to prevent crime and maintain social order.
Deterrence is one of the key objectives of punishment. Its aim is to deter the criminal and others from committing future crimes. It is the punishment that comes with the conviction of a crime that helps deter others in the future. The two main types of deterrence are:
General deterrence – uses the criminal as a way to deter others from committing that same crime by making an example of them.
Special deterrence - aims to deter the offender from committing a similar crime in the future because of the fear of punishment.
Rehabilitation – This punishment focuses on changing the behaviour of the offender so they will not wish to re-offend.
Retribution – where the punishment aims to be exactly equivalent to the crime committed. Society today seeks retribution on behalf of the victim. This is a fundamental role of the law. It is often argued that retribution may be too harsh in a modern society and it is difficult to find a punishment that exactly matches the crime committed.
Incapacitation aims to protect society from criminals who are likely to re-offend. It aims to isolate the offender, so they cannot commit another crime.
Some punishments may be more effective in achieving a particular objective than others as some punishments do not take into account why the offender committed the crime.
The types of punishments that could be used by a court in criminal proceedings are incarceration including: imprisonment, periodic detention and home detention; fines, community service, probation, bonds and rehabilitation.
Fines
These are one of the most common penalties. Fines are usually imposed for less serious summary offences. Within New South Wales fines are based on penalty units. These penalty units are around $120 each and the more serious the crime, the more penalty units are attached to it.
Fines cost very little to enforce and traffic fines can be a source of revenue for the government. These are both seen as advantages. Fines also have their disadvantages as they are often seen to be unfair as they don’t take into account the offenders ability to pay the fine.
Bonds
Bonds are used extensively by the courts. The most common type of bond is the good behaviour bond, lasting usually no more than 3 years. A good behaviour bond requires the offender to comply with certain conditions. This is seen as an advantage because it has the ability to rehabilitate the offender, for example, going to a drug rehabilitation centre. Bonds are suitable for less serious offenders who are not seen as a threat to the community. If a person on bond fails to comply with the regulations they face other forms of punishment, such as a fine or imprisonment.
Community Service Orders
This is a relatively new addition to the penalties available in New South Wales. It was established in the 1980’s and is commonly used to punish minor crimes such as vandalism and petty thieves. Community Services Orders requires offenders to perform unpaid community work in their leisure time. The court can impose a more severe punishment if the offender fails to carry out the required work. The many benefits of Community Service Orders includes they are inexpensive, assists and benefits the general community. The work can help to rehabilitate offenders often by learning new skills or if they are confronted by the consequences of their crime.
Probation Orders
Probation orders are similar to good behaviour bonds. The offender is placed under supervision of a probation officer, but does not serve time in prison. Once the offender agrees to good behaviour for a certain crime, they have to report to a probation officer regularly.
Offenders who have not committed any new offences by the end of the required period are discharged and no conviction is recorded. Offenders who re-offend or break any of the probation conditions are punished for the original offence and also and subsequent offences. The advantages of probation orders are that it is inexpensive; can rehabilitate the offender; and that they are more serious than a good behaviour bond, but still suitable for less serious offences.
Home Detention
Home detention is also a relatively new form of punishment. Crimes such as fraud and drink-driving are often punished using home detention. There are various forms of home detention and all involve close monitoring of the offender. Home detention was formally adopted as a sentencing option for courts under the Home Detention Act (1996) NSW. The offender wears an anklet or wristlet which can be attached to a phone line. The device must be attached to the phone when the supervising officer rings, which is at random times. Home detention is seen as appropriate for those convicted of a non-violent crime, other advantages include: it decreases prison population, it can rehabilitate the offender and enable people with family responsibilities to stay at home.
Periodic Detention
Periodic Detention allows the offender to serve their prison sentences on a periodic basis (e.g. very weekend). This allows the offender to maintain their employment and family life. Prisoners are usually required to perform some sort of community service during their weekend detention. Periodic detention is less costly than imprisonment which is seen as a major advantage.
Imprisonment
Imprisonment is the most severe penalty that an Australian Court can order. There are different levels of security for different degrees of offences. The maximum security prison is for the most violent and brutal crimes, maximum security prisons are seen as the harshest penalty. At the other end of the scale there is the low security prison/farm where prisoners live in a much more lenient environment. All prisoners spend some time in a maximum security prison until they have been classified by the Department of Corrective Services.
Advantages of imprisonment include: it makes it difficult for the offender to re-offend while in prison and serious offences receive a serious punishment.
Rehabilitation
Rehabilitation attempts to deal with the issues and problems of criminals in a more sympathetic manner. This is done by identifying the underlying causes of a criminal’s behaviour and addressing these issues through counseling, drug rehabilitation, education and training.
The advantages of rehabilitation include: is has the ability to reduce recidivism, the pattern of repeated occurrences of criminal behaviour. This is done by creating opportunities for prisoners to lead a life free of crime upon their release, such as learning a trade.
The range of objectives is subjecting offenders to punishment are to prevent crime and maintain social order.
Deterrence is one of the key objectives of punishment. Its aim is to deter the criminal and others from committing future crimes. It is the punishment that comes with the conviction of a crime that helps deter others in the future. The two main types of deterrence are:
General deterrence – uses the criminal as a way to deter others from committing that same crime by making an example of them.
Special deterrence - aims to deter the offender from committing a similar crime in the future because of the fear of punishment.
Rehabilitation – This punishment focuses on changing the behaviour of the offender so they will not wish to re-offend.
Retribution – where the punishment aims to be exactly equivalent to the crime committed. Society today seeks retribution on behalf of the victim. This is a fundamental role of the law. It is often argued that retribution may be too harsh in a modern society and it is difficult to find a punishment that exactly matches the crime committed.
Incapacitation aims to protect society from criminals who are likely to re-offend. It aims to isolate the offender, so they cannot commit another crime.
Some punishments may be more effective in achieving a particular objective than others as some punishments do not take into account why the offender committed the crime.
