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LEGAL PUNISHMENT THEORIES (REHABILITATION (Rehabilitation - The issue is…
LEGAL PUNISHMENT THEORIES
INCAPACITATION
Removing their license all together would stop them from driving and cannot commit further crimes against the community. However rates of driving whilst disqualified indicate this approach as ineffective.
Prison - Incapable of committing further crimes. Offender is not rehabilitated or changed, simply punished. Likelihood of reoffending is high.
Society are satisfied with incapacitation theory. Feel the crime has been justified.
REHABILITATION
Rehabilitation - The issue is not going to be resolved if underlying problems exist. They will simply reoffend if their addiction is not resolved.
This approach is also effective in supporting social structure inequalities. Giving offenders from disadvantaged and uneducated backgrounds a chance. Education programs on the danger and risks associated would inform offenders and be effective in resolving the issue.
May undermine public confidence in Justice System
Investigating why offenders reoffends and dealing with the issue would be more beneficial for not only the community in the short and long term but also the driver themselves.
Sober Driver Programs - Many offenders displayed the outlook that it was just another criminal offence. Education programs such as this educate as to the severity and danger of the issue.
RETRIBUTION
Satisfying community - revenge base. No avenue to think of the future - dangerous.
Victims are fuelled with anger - simply correcting a wrong with another wrong. When does it stop?
Instinct approach - Not thinking through possible outcome or other avenues that could benefit society rather than make victims feel satisfied that justice has been done.
DETTERENCE
Increasing Penalties - effective in deterring majority of offenders but ineffective in dealing with core drink drivers that reoffend. By adding jail time - over crowding prisons.
Mandatory Sentencing - Limits the sentencing regime for magistrates - cannot effectively deal with offenders who have underlying problems - no change of rehabilitation. Setting offenders up for failure with disqualification periods if issues unresolved - likely to drive anyway.
Alcohol Ignition Interlock Devices - friends and family would know of their offence - shaming.
**THERAPUTICAL AND RESTORATIVE JUSTICE
Option for offender to make amends - punished by public shaming which would encourage further good behaviour - no cost to community, rather benefit community.
Traumatised offenders - given a second chance through rehabilitation programs, not punished merely because of their background.
May undermine public confidence in Justice System