Okay, so I just made a 1000+ word essay on "How do the types of penalties available achieve justice for society, individuals and the offender. Give me a grade out of 15.
The types of penalties that are imposed on people who have been accused of committing a crime in the Australian legal system include Imprisonment, Caution, No Conviction Recorded, Bond, Suspended Sentence, Probation, Criminal Infringement Notice, Penalty Units, Community Service Orders, Home Detention, Periodic Detention, Intensive Correction Order, Forfeiture of assets, and finally, Diversionary Programs. All of these penalties are controversial in some way; some actually help the offender while other’s direct result is to punish the offender in the most efficient way possible to achieve justice.
Generally, imprisonment is seen as the most effective way of dealing with criminals as it ensures justice, and prevents the offender from committing any other wrong doing. The victims and community can ensure that they will be safe for an extend period of time, and when the criminal does get out, their crime will go on their criminal record and that affects their chances of going further in life; seeking a career, job, etc. This can be seen as further retribution and payback for their crime, therefore ensuring justice and assuring that “Doesn’t matter when you get out of prison, your crime will haunt you for the rest of your life.” Imprisonment causes scars that can’t be erased, and in some instances it is looked at as harsher sentence than death. In the case of R vs. Mr. Thompson (1993) Mr. Thompson was accused of raping an 18 year old girl who was a virgin. He was sentenced to 15 years in prison; his crime went on his criminal record. He died in Prison after 13 years at the age of 58. This proves the point that imprisonment is the harshest penalty a court can impose on an offender, and imprisonment can deteriorate the health and life expectancy of an offender. While the Crimes Act 1900 and other legislation such as Drug Misuse and Trafficking Act 1985 prescribe the maximum sentence for certain offences, it is up to the judge/magistrate to decide the weight of which they choose to sentence an offender. In some instances, they may issue a Non-Parole sentence. Parole is where the offender may be released prior to the date their imprisonment sentence on the condition of good behavior which needs to continue out of prison. The Crimes Act 1999 states that it must be after three terms have been served, unless exceptional circumstances exist. The main advantages of imprisonment is that it removes the offender from society, and society will be able to rest assured and live in peace if someone harmful is locked away. However, it is expensive. The daily cost of inmates ranges from $140 to $225 a day. This depends on the level of security. Relevant media reports such as “Countryman arrested for murder” published on 16th December 2002 and “Man sentenced to 20 years for sexual assault” show the extent to how imprisonment is viewed under media scrutiny. Overall, imprisonment’s main aim is to offer the harshest penalty (except of capital punishment, which is no longer available in Australia) to offenders. Imprisonment assures security and safety for society from criminals, and achieves retribution and justice.
Home Detention is similar to imprisonment, except that it requires the offender to stay at home instead of prison for a sentence, usually up to 18 months, and they are monitored by an electronic device strapped on their leg, and if they are caught going outside their home, they are usually issued a warning. If it happens again, they are arrested and taken to court. Relevant Legislation is the Home Detention Act 1996 (NSW). Offenders who have work or is a student in an educational institution must work from home. Main effects of Home Detention on the offenders lack of socialization, lack of physical activity. There are several cases in which Home Detention was used as an effective method of achieving justice; in the case of R vs. Olivia 2002 (NSW) an Year 12 student hit her Chemistry teacher with an bat (damages involved teacher’s head, eyes, legs) and was taken to court, the judge agreed to leniency given the circumstances that the student was facing, and instead sentenced her to 12 months of home detention. Home Detention is effective because it can get the offender to consider that they should be grateful that they weren’t sentenced to a much longer sentence in prison, and look at it a second chance and not commit a wrong doing again. Other relevant cases may include R vs. Jake (2003), R. vs. Jonathan (2006) and R vs. Michelle (1982.)
Other penalties include community service. This requires the offender to perform work in the community with the idea to make up for the crime, to repay society for their crime. For this penalty, no more than 500 hours in community service can be issued by the court. This punishment is effective as it helps the community and it can help the offender find a perspective that it much more likable to help society/community rather than commit crimes. Relevant cases where offenders have been issued community service and have realized what it is like to contribute to society include R vs. Paul (2004) Paul was convicted of assault and was sentencing to 400 hours of community service and a similar case was R vs. Anderson (1962) Anderson was charged with theft and sentenced to 300 hours of community services.
Other effective ways of achieving justice is Penalty Units. In our cotemporary society today, money plays a huge part in our road to greed and wealth. Our whole society is reliant on money. It is usually around $110 however it varies on the severity of the offense and other factors. Fines, which in a world so full of money and its importance can be seen as an huge angst to offenders because a whole bunch of offenders commit crimes because it can be seen as an easy way to money and wealth and greed. There are several circumstances and cases where people commit crimes to get access to money. Other penalties are cautions, criminal infringement notices where police issues cautions and warnings and fines to minor offences. These cautions and warnings are effective because they are usually for first-time offenders or young people who aren’t aware of the law, with a warning/caution they will know the consequences and will be more careful. Teenagers getting in trouble with the law are very contemporary issues today.
Other penalties which work in the offenders favor are things such as suspended sentences, parole, bond, and no conviction recorded, however these are only applicable on conditions, and factors on the severity of the crime and the occurrence of the crime, or for first time offenders. These are effective because they can help offenders who are willing to apply themselves to good behavior bond for a set period of time, and it gives them some rights and leniency however it is not applicable for all.
Overall, our criminal justice system has areas where it could improve in tracking down offenders and crimes, and strong points too. The penalties that are in place are there to ensure a fair outcome for all parties involved.
