Criminal JusticeChapter 4.1 The Aim of Criminal Sanctions

Unit 1

Key Knowledge

Key Skills

These are the skills you need to demonstrate:

• discuss the effectiveness of criminal sanctions• analyse data on sentencing and crime trends in Victoria• compare one aspect of Victoria's sentencing approaches with that of

an international jurisdiction• discuss the impact of criminal acts on individuals and society. Can you demonstrate these skills?

The trouble with hoons

Read the article on page 93

1. Do you think the introduction of harsher sanctions for hoon drivers is warranted?

2. Will the sanctions help stop this type of criminal activity?

Case Study: “Mother found guilty of killing her sons-twice’• David Fitchett cried with relief after a jury found his ex-wife guilty of

the murder of his two young boys. It was the second time David's ex-wife Donna, aged 51 years, had been convicted of murdering their two sons, Thomas, aged 11 years, and Matthew, aged 9 years.• In her first trial, in 2008, Mrs Fitchett pleaded ‘not guilty’ to murder

on the grounds that she was mentally impaired at the time of the killing of her sons at their Balwyn North home (in September 2005). During the trial the court heard evidence that Mrs Fitchett, a qualified nurse, killed her boys after giving them an overdose of prescription drugs, once she realised her marriage was over. She was convicted by the jury of murder and sentenced.

Case study continued..

• In 2009, Mrs Fitchett lodged an appeal against her conviction and sentence claiming, amongst other things, that the trial judge had failed to properly explain to jurors the legal consequences of being found guilty by reason of mental impairment. Mrs Fitchett won her appeal and was granted a re-trial.• In May 2010, after a three week re-trial, another jury, once again,

found Mrs Fitchett guilty of murder.

Questions

1. Determine what sentence they would give Mrs Donna Fitchett2. Explain what factors they might consider when determining their

sentence3. Explain the aims of their sentence, that is, what are they hoping

their sentence might achieve for the victims, society and Mrs Fitchett.

4.1 The aim of criminal sanctions

When courts impose criminal sanctions there are many factors they need to consider:

1. Prior convictions2. Character evidence 3. Show of remorse4. Suffering caused as detailed in a victim impact statement5. Doctor or psychologist reports

The purpose of imposing sanctions

Five purposes or aims or purposed of imposing a sanction;1. Punishment - this should fit the crime, be based on the evidence

presented and not be influenced by the media2. Deterrence - specific deterrence of the offender and general

deterrence discourages others from committing the same crime3. Rehabilitation - education, violence, drug and alcohol programmes

are offered to change behaviours of offenders4. Denunciation - shows to the offender and society that the actions

were considered inappropriate and wrong5. Protection – by placing someone in prison protects the rest of the

community

You Be The Judge

• http://www.sentencingcouncil.vic.gov.au/virtualjudge/

Click through the Flash presentation. They are given a case scenario (including the facts of the case, the prescribed maximum sentences for the offence, and additional information to consider such as prior convictions, the offender's personal history and victim impact statements) and required to determine the appropriate sentence.Choose one case; Richard, Terri, Dane, or Peter complete the activities, you can work in pairs

Important legal terms;

• Sanction• Deterrence• Rehabilitation• Denunciation• Prior conviction• Victim impact statement• RehabilitationDo you know what they mean?

Your turn

Complete the following questions;

Test your understanding 1-3Apply your understanding 4-5

Indigenous incarceration rate jumps -

http://www.jacplus.com.au/secure/Searchlight?searchbox=eles-0747

Statistics released by the Australian Bureau of Statistics found that adult prisoners are 18 times more likely to be indigenous than non-indigenous and that these figures had doubled in the last 20 years