Topic > Criminal Justice System Sentencing - 1353

Sentencing is the process by which people who have been found guilty of offenses against the criminal law have sanctions imposed on them in accordance with that particular law. The court sentence is the most visible aspect of the criminal justice system's response to a guilty offender. In Tasmania, the Sentencing Act 1997 was enacted to amend and consolidate the law relating to the sentencing of offenders. Crime rates in Tasmania are lower than 10 years ago, but higher than 20 years ago. In the Australian context, Tasmania is below the national crime record average for the crimes of robbery, burglary and motor vehicle theft. The objectives of sentencing include punishment, deterrence, rehabilitation, denunciation and protection. Punishment is used to punish the offender for his wrong conduct to a fair extent and manner in all circumstances and is intended to show public contempt for the crime. An example of a sentencing option that can be used to punish an offender includes imprisonment. A recent ruling by the Supreme Court of Tasmania aimed at punishing an offender is the case of Michael Robert Keeling v State of Tasmania where the judge had to balance the need to punish the offender and the need to deter him and others from such conduct while holding present the best interests of the community. Deterrent sentences aim to deter not only the offender from further crime, but also potential offenders. Specific deterrence concerns the punishment of an offender in the expectation that he will not commit crimes again, while general deterrence is related to the possibility that people in general will be deterred from committing a crime by the threat of punishment. An example of a... middle of paper system... and are seen as a credible sentencing option due to the restorative and rehabilitative effect it has on offenders offering them the opportunity to give back to the community and provide them education and work experience. There is a lack of evidence to suggest that rehabilitation is neither an effective nor an ineffective sanction. The use of probation as a stand-alone sanction has declined over the years, and probation is now combined with harsher sentences. When combined with rehabilitative programs, probation reduced crime outcomes by 16.7%. The common perception of the general public is that increasing the severity of sentences will reduce crime, however empirical evidence suggests that this is not the appropriate response. Public dissatisfaction with sentencing in Tasmania is often due to a lack of knowledge and understanding.