Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Australia's criminal justice system
Effectiveness of prisons
Effectiveness of prisons
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Australia's criminal justice system
Forms of punishment in Australia have changed to a great extent since the late 1700’s when the convicts arrived. Many factors have influenced this change, such as the effectiveness of the punishment or how it affects society. Today, many people would find the older punishments that were used rather outrageous and necessary, in contrast with the punishment system that is in Australia today, which can be seen as a lot more effective and humane. For male convicts who committed crimes, there were 3 main punishments. These included the wheel, which acted as a treadmill in which a few men would walk upon, grinding up rocks of bluestone into gravel in the process. This punishment acted as a benefit to the colony from the labour of these men. People
When the our criminal justice system introduced punishments, sanctions for criminal behavior tended to be public events which were designed to shame the person and deter others. These punishments included ducking stool, the pillory, whipping, branding and the stocks. As years progressed, these punishments have slowly started disappear from our penology and capital punishment was introduced. According to Kronenwetter,
Society has long since operated on a system of reward and punishment. That is, when good deeds are done or a person behaves in a desired way they SP are rewarded, or conversely punished when behaviour does not meet the societal norms. Those who defy these norms and commit crime are often punished by organized governmental justice systems through the use of penitentiaries, where prisoners carry out their sentences. The main goals of sentencing include deterrence, safety of the public, retribution, rehabilitation, punishment and respect for the law (Government of Canada, 2013). However, the type of justice system in place within a state or country greatly influences the aims and mandates of prisons and in turn targets different aspects of sentencing goals. Justice systems commonly focus on either rehabilitative or retributive measures.
Mandatory sentencing is not anything new. It began in the 1970s. The main purpose for mandatory sentencing was to try to get rid of the drug lords and to eliminate most of the nation’s street drug selling. It was to impose that the same crime would have the same sentence all over the nation. Some of the negatives that rose from mandatory sentencing were nonviolent drug offenders and first time offenders who were receiving harsh sentences. Inmate populations and correction costs increased and pushed states to build more prisons. Judges were overloaded with these cases, and lengthy prison terms were mandated to these young offenders. Mandatory sentencing is an interesting topic in which I would like to discuss my opinions in going against mandatory sentencing. I will show the reasons for this topic, as well as give you my personal brief on which I support.
Our textbook begins discussing early American correctional practices within the first chapter. A few of the main topics talked about in this first chapter were the ways in which people were punished in “early America.” In addition, we also learn where the early American practices originated from and if some were adopted from England. Lastly, this chapter also includes how the early American practices have evolved throughout time and whether they were a result of natural progression or a particular social movement.
Did you know that there are generally twice as many juvenile offenders than there are adult offenders in Australia (Australian Institute of Criminology 2015)? Juveniles are said to be more illiterate than the general population, but are there statistics to show this? Many have done research on why there is such a high rate of illiteracy in the criminal justice system, and what affects children as they begin to learn skills that are important in the development of literacy. In this essay I will be talking about what kind of proof there is that juveniles have a higher rate of illiteracy than the general population. It is important to understand why juveniles struggle with literacy in the first place, as these reasons may begin to show us ways
Within the Australian justice system, the most severe and utilized form of punishment sanctioned to criminal offenders is imprisonment (Brown 2012, p. 484). Admittedly, whilst this method of punishment incapacitates criminal offenders from society, various bodies of research critique whether incarceration truly reduces the overall rate of crime (Hayes and Prenzler 2015, p. 309; Goulding 2007). Despite this concern, preceding decades has seen established criminal justice divisions in Australia amplify their punitive stance on crime via escalating the length and rate of penal incarceration. Within this time frame however, various forms of justice procedures have emerged that have sought to alter existing justice procedures by tackling the problem
The punishment of offenders happens in several different ways. The first and most obvious way is prison life in general. The offenders are away from their family and friends so the effect of this punishment is not always immediately evident to the inmate. Sometimes they are not in a frame of mind to realize how having a family member in prison can damage the relationships of the entire family unit. Once incarcerated, the institution now controls all aspects of the inmate’s life. Institutional rules dictate when inmates can work out, eat, shower, what they can buy, who can visit them and when they have to go to bed. Some states still have hard labor that inmates must perform while incarcerated; the term chain gang may be familiar to may people and often paints the picture of inmates doing manual labor while connected together by chains and shackles (Columbia Electronic Encyclopedia, 6th Edition. September 2013). Many states have moved away from this form of punishment, while in other states it is still widely used (Columbia Electronic Encyclopedia, 6th Edition. September 2013). Some states are now having offenders, who have been classified as low risk, go into the private sector and work regular jobs even while incarcerated. The offenders are able to ease themselves back into society by having a job where they can learn a trade but then return to the prison after their work day is done. Offenders also are able to keep this job after they leave the prison, which helps them to stay grounded as they start a new chapter in life.
Criminal law is a system of law that deals with offenders that commit crimes against society. Criminal law can be broken down into four types of offences these offences are offences against the person, offences against property, Drug crimes and motor vehicle offences.The main aims of the criminal justice system are to punish offenders and prevent crime. There are issues when society does not believe that sentencing and punishment is effective or achieving justice. This decisive statement has raised some issues to whether or not this statement is truthful, but there have been many articles that have been produced by organisations such as Griffith University, The State Library of New South Wales, The Bureau of justice Statistics and many more. The piece of legislation that allows courts and judges to deliver a sentence to the accused is the Penalties and Sentences Act 1992 (QLD).
Feinburg (1994, cited in: Easton, 2012: 4) says that punishment is “a symbolic way of getting back at the criminal, of expressing a kind of vindictive resentment”. When punishing an offender there are two key principles that determine the kind of punishment. These are the Retributivism response and the Reductivist response. The first principle, Retributivism, focuses on punishing the offence using 'denunciation' where they denounce the crime that has been committed so society knows they have done wrong, and it also uses 'just deserts' where the equity 'eye for an eye' is the main idea. The second principle, Reductivism, believes that deterrence, incapacitation and rehabilitation is the best strategy to use to punish, its aim is to reduce crime and use punishment to serve a purpose. This essay will look closer and outline the purpose of just deserts and deterrence as punishment in society, although these punishments are used widely across most crimes, this essay will look specifically at prolific offenders.
Commonly thought within society and within the laws of Australia that to instill discipline and obedience particularly in children, parents feel justified in the use of corporal punishment.
There are many explanations for what punishment characterises. For Emile Durkheim, punishment was mainly an expression of social solidarity and not a form of crime control. Here, the offender attacks the social moral order by committing a crime and therefore, has to be punished, to show that this moral order still "works". Durkheim's theory suggests that punishment must be visible to everyone, and so expresses the outrage of all members of society against the challenge to their collective values. The form of punishment changes between mechanic (torture, execution) and organic (prison) solidarity because the values of society change but the idea behind punishing, the essence, stays the same - keeping the moral order intact not decreasing crime. Foucault has a different view of the role or function of punishment. For Foucault, punishment signifies political control. His theory compares the age of torture with the age of prison, concluding that the shift from the former to the latter is done due to changes in society and new strategies needed for the dominance of it by the rulers. Punishment for Foucault is a show of power first brutal and direct (torture), then organised and rational (prison). Punishment does not get more lenient because of humanitarian reasons but because the power relations in society change.
Punishments for crime in Canada. If this bill is put forwards it will affect all the classes of people, middle, upper and lower. In our lives we like not having to worry about getting robbed or killed but not everyone can be worry free about crime. I would like to make it so that no one will have to worry about crime. Lots of places in Canada, people have to worry about crime and I believe the reason for this is because the punishment isnt harsh enough. “ A criminal should not be allowed to enjoy a better quality lifestyle than the victim. And in the case of first degree murder, even life in prison presupposes a better lifestyle than that of the deceased and, thus, the criminal’s death is logical. Not immoral, barbaric or vengeful, just fair.” said Jeffrey W. Tighe, Toronto.
A contentious issue in current debate is the death penalty and its application in society. The death penalty, also known as capital punishment, occurs when a individual is punished by execution as a consequence of an offence they committed (Taylor, 2014). Although Australia does not practice the death penalty, many countries continue to employ it as a means of justice and uphold its value in society. The death penalty debate is a multifaceted issue, encompassing many aspects of society including ethics and morality, the judicial system, and politics and the economy. It will be argued that the death penalty is a morally dubious and obsolete practice that is no longer relevant in modern judiciary, as it breaches the inviolable human right to life. Ethics and morality are primary arguments for both supporting and opposing the death penalty, as some individuals believe that the death penalty is a immoral practice and others consider that it can be morally justified when prolific crimes are committed. Punishment is fundamental element to any legal system as a means of justice and ensuing that the offender is unable to commit additional crimes; however, in the case of the death penalty there can be dire consequences if the legal system is wrong. Politics and the economy are also greatly influenced by the death penalty as they determine if the practice is maintained. The death penalty breaches a number of human rights laws and some individuals support that it is immoral; however, others consider it to be justifiable due to the heinous actions of the offender.
In the Victorian period all kind of offenders, serving long term sentences, and those who only committed small crimes were sent to prison
Punishing methodology initiated aeons ago therefore, making a norm to inflict pain on an individual. Imprisonment is a popular form of punishment used in society. However, “there are major differences among criminal justice system in duration of prions sentences and prison condition.” (Dammer and Albanese, 202, 2011) For example the way prisoners are treated in England and Wales would be different to the way they’re treated in Nigeria and how the laws are applied. Each country practises the justice system differently to maintain civilisation while striving to create peace and balance within their society. Besides, the various controversial contradictions on regulations, one objective point which can be agreed upon is the definition of prison.