U3AOS1 Topic 12: The purposes of sanctions

Study design dot point: -The purposes of sanctions: rehabilitation, punishment, deterrence (general and specific), denunciation and protection.

Preface:

- As per the key skills section of the study design, students can be asked to 'discuss the ability of sanctions to achieve their purposes.' For the purposes of sanctions alone, typical questions would involve explaining/describing/outlining/distinguishing them. The high markers for this topic typically involve linking the ability of sanctions (fines, community correction order and imprisonment) to achieve their purposes. In the comments made by the Magistrate or judge, they will refer to the purposes of sanctions in their decision. This can be a potential stimulus that students receive in the exam.

Rehabilitation:

- refers to the process of treating the underlying factors that influence an offender's behaving, with the aim of helping reform their behaviour. 

- can be achieved through the court imposing sanctions that break the offender's cycle of offending. This can be done through addressing the underlying reasons that cause them to offend. This helps reduce the rate of recidivism.

- can be achieved through the use of a community correction order.

Punishment:

- refers to the imposition of a sanction that aims to penalise criminal behaviour and hold them accountable for their crimes. This can help indicate to society that criminal behaviour is unacceptable. 

- can be achieved through the imposition of a very severe sanction, i.e. a relatively large fine or a longer period of imprisonment.

Deterrence:

- refers to the process of discouraging or disincentivising an offender, or the general community, from being inclined to reoffend or commit the same crime.

- can be categorised as specific and general deterrence. Specific deterrence is aimed at discouraging the same offender from being inclined to reoffend. General deterrence is aimed at discouraging the general community from being inclined to reoffend.

Denunciation:

- refers to the court showing their condemnation or disapproval of the offender's criminal behaviour. 

- can be achieved through the imposition of a harsh sentence for egregious offences like violent rape offences. This aims to depict the court's condemnation of this egregious behaviour. 

Protection:

- refers to the imposition of a sanction that ensures the safety and wellbeing of the community by preventing any further harm that can be catalysed by an offender. 

- can be potentially achieved through a sanction that keeps the offender physically away from the rest of the society.