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Crime and Punishment wk4 - Coggle Diagram
Crime and Punishment wk4
nature of punishment
:warning:Non conforming individuals break the ‘Social Contract’
Punishment is justified as a ‘corrective’ response
:warning: not the best response
Social Cooperation is referred to as the ‘Social Contract’
:warning:Forms of Punishment
:warning:imprisonment
:warning: can ONLY be imposed by a Judge NOT a Government official
:warning: Length of a prison term is specified in Legislation as a maximum term
:warning:last resort
:warning: The Judge has freedom to impose any term (or no term at all) up to the maximum
suspended sentence
:warning:The sentence is ‘suspended’ on condition no further offences are committed
:warning:If the defendant commits another offence during the period of ‘suspension’ they are imprisoned
A prison sentence is delayed for a specified time by the court
:warning:The term of imprisonment will include BOTH the original term imposed PLUS any further term imposed for the breach (second) offence
:warning:restitution order
The victim is compensated for damages and financial loss
:warning:can only be made once an accused has entered a plea of guilty or been found guilty in court
compulsory 'behavioral change' program
Family Violence (controlling or abusive behavior within the home)
:warning:Drug and Alcohol problems (particularly driving offences)
Court ordered education program aimed at changing attitudes of offenders.
public shaming
severe form
:warning:result in significant psychological impact
results in humiliation and loss of dignity
:warning:The recording of formal convictions is a form of shaming
In Australia convicted sex offenders are placed on a sex offender register
confiscation order
:warning:property becomes property of the State
:warning:The order can also be applied to any property purchased with ‘proceeds of crime’
seize property belonging to a convicted criminal
The aim is to prevent criminals (and their family) from keeping property acquired directly or indirectly from illegal activity
cars, house, jewellery, boat, cash
community service order
Cleaning graffiti
Picking up litter
The work is supervised by the State Government
Maintenance of public parks and gardens
Breach of the order is punishable by imprisonment
:warning:unpaid
In some countries but NOT Australia Capital Punishment
Hanging: Afghanistan, Bangladesh, Botswana, India, Iran, Iraq, Japan, Kuwait, Malaysia, Nigeria, Palestinian Authority (Hamas authorities, Gaza), South Sudan, Sudan
Firing Squad: China, Indonesia, North Korea, Saudi Arabia, Somalia, Taiwan, Yemen
Lethal Injection: China, Vietnam, USA
Beheading: Saudi Arabia
fines
:warning:The maximum is 3,000 Penalty Units or $495,000.00
:warning:A Penalty Unit may be as low as $165.00
aim of punishement
retribution
Society takes revenge on those who do it harm
:warning:State imposed revenge prevents victims taking their own revenge
:warning:revenge or ‘Lex Talionis’ and ‘Law of Retaliation’
:warning:eg.big-effect case
to comfort the victim
incapacitation
removed from society and imprisoned from harming society
means to render safe or inert
:warning: protect the community
restitution
:warning:fine imposed to covers the costs to the State of prosecution
punishes the offender financially
:warning:not only covers personal loss but losses of the State
Rehabilitation
through participation in educational, work or other programs
:warning:There is often tension between other aims of punishment and rehabilitation
:warning:aimed at preventing future crime by changing attitudes and beliefs of the offender
Such programs are rooted deeply in human psychology and are designed carefully
deterrence
Specific: Aimed at discouraging the individual who becomes fearful that punishment will get progressively worse
General: Aimed at showing society what could happen to anyone else who acts the same way
:warning: less likely to commit crime