ATS1282 Lecture Notes - Lecture 7: Mandatory Sentencing, Wu Xing, Lindy Chamberlain-Creighton
26 Oct 2018
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Must involve pain/other consequences considered unpleasant (e. g. restriction) Must be for an offence against legal rules. Must be towards an offender for their offence. Must be intentionally administered by somebody else (internal guilt/shame isn"t enough) Must be imposed/administered by authority constituted by a legal system against which the offence was committed. Retribution > an eye for an eye", having an appropriate punishment for the offence. Deterrence > reduced the likelihood of crimes being committed in the future. General deterrents threat of legal punishment on the public e. g. speed cameras vs. Specific deterrents punishment on someone who"s committed a crime. Incapacitation > impose a physical restriction on offenders e. g. losing driving license. Habitual offenders" law > targets re- offenders by giving them a harsher punishment. Restitution/reparation > repairing harms to a victim, offender and the community. The process which determines the nature of the punishment to be endured by those who plead/are found guilty.
