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ACR102 Introducing Crime & Criminal Justice

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Added on  2019-10-30

ACR102 Introducing Crime & Criminal Justice

   Added on 2019-10-30

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Running head: INTRODUCING CRIME AND JUSTICEIntroducing Crime and Criminal JusticeName of the StudentName of the UniversityAuthor Note
ACR102 Introducing Crime & Criminal Justice_1
1INTRODUCING CRIME AND JUSTICETopic 3: ImprisonmentPrison is ineffective because most of the people come out worse than they went in Prisons are considered as a means of safeguarding the community and rehabilitate theprisoners. However, there have been instances, which establish that the prisons fail to rehabilitatepeople instead leads to an incline in the risk of reoffending. Every year a person is kept in prison,it increases the probability of the person to commit another crime after they are released from theprison. In other words, prisons do not deter crime instead; it enhances the rate of crime. InVictoria, the sole purpose of sentencing is deterrence and the instinctive ground of deterrencethat is, the punishment of an offender shall act as prevention for the offenders, which wouldreduce the occurrence of crime (Carey and Del Medico 2014). However, this instinctive groundhas ceased to become adequate to develop a sound criminal justice policy. Effect of ImprisonmentIn Victoria, prison sentences are usually imposed for three basic purposes- denunciation,punishment, rehabilitation, deterrence and community protection. The impact of denunciationand punishment is perceived as direct responses to the criminal behavior where denunciationrefers to the statement to the offender and the community that criminal behavior shall not betolerated in the community (Tubex et al. 205). Punishment refers to the infliction of a sanctionupon the offender in proportion to the harm caused by the offender, which implies thatpunishment is a form of redressal against the moral imbalance caused by such criminal offender. Rehabilitation, deterrence and community protection are perceived as mere responses tothe criminal behavior and purport to attain the objective of reduction in the commission of
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2INTRODUCING CRIME AND JUSTICEcrimes in the future. Several researches have revealed that imprisonment has often resulted ingreater rate of recidivism. The possible reasons for the increase in the offending rate is thatprisons provide a learning environment for crime and strengthens the criminal identity, whichmay ultimately, sever the social connections that promote lawful behaviors. Harsh prisonenvironment and conditions do not develop any deterrent effect instead, it encourages thecriminals to commit further crimes after they are released from the prison. In Victoria, the Sentencing Act 1991 (Vic) is the primary legislative source that acts as aguidance on sentencing in Victoria. Section 5(1) of the Sentencing Act 1991 (vic) states that thesole purpose for imposing imprisonment is to deter the offenders and other persons fromcommitting further crimes of similar character. In Veen v The Queen (No 2) (1988) 164 CLR465, the effect of imprisonment has been explained by the court in relation to the concept ofproportionality. The common law principle of proportionality requires the court to imposesentences on offenders, which are proportionate to the severity of the offending behavior. ifgeneral deterrence takes place without considering the principle of proportionality would involvethreatening of potential future offenders which might led them to commit crimes in future(Jewkes, Crewe and Bennett 2016). Achievement of imprisonment compared to other modes of punishmentThe sentencing of the offenders is a means to make them understand that any person withsimilar impulses as that of the offenders would be imposed with severe punishment if they intendto omit any further crimes or crimes of similar nature. Although it is a fact, that imposingsentences would not prevent the commission of all forms of crimes but it does not defy the factthat the fear invoked within the offenders from being subject to severe punishment would deter
ACR102 Introducing Crime & Criminal Justice_3

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