Published on March 13, 2014
THE PURPOSES OF PUNISHMENT Sentencing and Punishment
Deterrence • Specific • General Retribution Rehabilitation Incapacitation
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.)
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.
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)
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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