4.3 – Sanctions and their effectiveness - Imprisonment

  http://sixtyminutes.ninemsn.com.au/videoindex.aspx

 Watch Part 1 & 2 http://www.smh.com.au/nsw/jessica-silva-not-guilty of-murder-guilty-of-manslaughter-20141204-120btv.html

Should imprisonment be imposed?

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What is the function of sanctions imposed by a court?

 What are the 5 purposes of Sanctions?

1.

2.

3.

4.

5.

Deterrence Punishment Denouncement Rehabilitation Protection 2

         

Types of Criminal Sanctions that Victoria has utilised (Past/Present).

Concurrent Sentences  Suspended Sentences Cumulative Sentences Aggregate Sentences Home Detention Deferred Sentencing Combined Custody & Treatment Orders Restricted Involuntary Treatment Orders Hospital Security Orders Sex Offender Registration Orders Sex Offender Extended Supervision Order           Drug Treatment Order Intensive Correction Order Youth Justice Centre Orders Community Based Orders Fines Adjournment with/without conviction Discharge & Dismissal Superannuation Orders Confiscation Orders Suspension and cancellation of drivers licence.

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Right to Life

The most fundamental right.

We have systems and processes in place to protect life and prosecute those who unlawfully take it.

All Australian states have abolished the death penalty In March 2010 the Torture

Prohibition and Death Penalty

Abolition Act (2010) Cth made it impossible for any state to re-introduce the death penalty.

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Capital Punishment

Australia has signed the Second Optional Protocol to the International Covenant on Civil and Political Rights, which commits Australia to the abolition of the death penalty. For how this affects domestic law, see UNSWCCL's comment piece: The PM could protect us from the death penalty.

jurisdiction

Queensland New South Wales Tasmania Commonwealth Australia voted for the UN General Assembly's resolution calling for a global moratorium on the death penalty (18 December 2007).

ACT Northern Territory Australia annually co-sponsors a resolution of the UN Human Rights Commission that calls for all nations to abolish the death penalty. The latest version of the resolution was passed on 20 April 2005 and is called The Question of the Death Penalty (UN Doc E/CN.4/RES/2005/59).

Victoria South Australia Western Australia

last execution

1913 1940 1946 nil nil 1952 1967 1964 1964 5

abolition

1922 1985(*) 1968 1973 1973 1973 1975 1976 1984

Capital Punishment

 Since Federation (1901), only 114 persons have been legally executed in Australia. Incidentally this figure of 114 happens to coincide with the total number of persons said to have been executed in South Africa in 1984.

 http://www.aic.gov.au/documents/F/6/D/%7BF 6D67388-75E0-4CBC-8181 E0BF0204D3CF%7Dti03.pdf

   Ronald Joseph Ryan (21 February 1925 – 3 February 1967) was the last person to be legally executed in Australia. Ryan was found guilty of shooting and killing prison officer George Hodson during an escape from Pentridge Prison, Victoria in 1965. Ryan's hanging was met with some of the largest public protests in the history of Australia and led to the abolition of the death penalty in the country http://en.wikipedia.org/wiki/Ronald_Ry an http://www.theaustralian.com.au/news /nation/ronald-ryan-did-not-kill warder/story-e6frg6nf-1111115166959 6

When should imprisonment be used? Is it the next best option outside of capital punishment?

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Imprisonment? Is it the better option?

  In 2012, the Victorian Liberal Government announced plans to build a new $500 million medium security prison in Melbourne's outer west, as part of its promise to get tougher on crime.

By contrast, the Victorian Sentencing Advisory Council surveyed worldwide research on imprisonment and, in 2011, released a report called Does imprisonment deter? A review of the evidence. The report concluded that ‘The research demonstrates that increases in the severity of punishment … have no corresponding increased deterrent effect upon offending’.

 SO - is imprisonment an effective sanction?

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Imprisonment

 Last resort sentencing option but can be the most appropriate regarding type of offence committed.

 Concurrent Sentences Served at the same time  Cumulative Sentences Served one after another .

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Concurrent sentences

When a person is imprisoned for a number of offences, the person may be directed to serve these terms concurrently (at the same time). Concurrent sentences cannot be set for serious sexual or violent offences.

Cumulative sentences

In some instances the court will order that a person who has been convicted of a number of offences serve terms of imprisonment cumulatively (or one after the other). Cumulative sentences will be set for serious sexual or violent offences. Cumulative sentences are also set for: not paying a fine prisoners committing prison offences or an escape offences committed while released under a parole offences committed while released on bail.

Indefinite sentences

 Indefinite sentences can be imposed for serious offenders if the court is satisfied that the offender is a serious danger to the community. [must be reviewed every three years].

Cumulative and concurrent sentencing How long will the person be in Jail?

Offence Sanction Concurrent Cumulative

Burglary Theft Theft of motor car 2 Years 1 Year 1 Year Use Heroin TOTAL 6 Months 4 years 6 months 12

Parole

A person serving a prison sentence could be released earlier than the full term of the sentence, through a process known as parole. The court, at the time of sentencing, will set a non-parole period. The Adult Parole Board can make home detention orders in respect of prisoners nearing the end of a term of imprisonment.

Life in Prison

   What are the living conditions like in prison (e.g. what type of accommodation, recreational facilities, health services, education and training opportunities might be provided and what level of personal safety might exist).

Visit the Department of Justice website section on prison location profiles ( http://www.justice.vic.gov.au/wps/wcm/connect/just lib/DOJ+Internet/Home/Prisons/ ) Describe the accommodation and facilities that are provided in Victorian prisons.

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Life in Prison

  Australia observes international obligations in regard to the treatment of inmates. All prisoners are provided with   opportunity to work or participate in educational programs for at least six hours a day, ten days a fortnight. (Corrections Act 1986) Attempts to assist with skill building and rehabilitation

Prison industries and training

 Prison industries involve work contracted from outside and allow inmates to develop skills that will help them gain employment when released.  Can also undertake a vocational training program that is relevant to their prison work. The aim of such programs is to give them qualifications that are recognised after release.   Via TAFE colleges includes metal fabrication, woodwork and horticulture programs.

prisoners can work in service areas such as the kitchen, laundry, maintenance and gardening.

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Community Work

Community corrections programs range from live-in programs to outdoor work such as graffiti removal and parks maintenance to indoor programs such as cooking and soft toy making to programs to provide support in emergencies http://www.corrections.vic.gov.au/home/community+corr ections/community+programs/ Click on the above link and describe 3 roles relating to Community work that prisoners undertake.

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Trends in prison populations

What it costs to keep a prisoner in custody and an offender in the community  The Council of Australian Governments reports that net operating expenditure per prisoner per day in Victoria in 2013–14 was $269.56, while net operating expenditure per Community Corrections offender per day in 2013–14 was $26.97.

 How much does it cost to house a prisoner per year?

Answer the following questions using the below links  the number of prisons in Victoria   the number of prisoners in Victorian prisons the average age of a male prisoner   the average age of a female prisoner the percentage of prisoners who have previously served time in prison http://assets.justice.vic.gov.au/corrections/reso urces/4e7c798e-a854-4db2-93eb d13f91555f0a/statistical_profile_prisoner_2010 11-final.pdf

http://www.justice.vic.gov.au/utility/home/ 17

Your Turn

 Complete questions 1 – 5 page 99 of student text 18