The sentencing or imprisonment is one of the remedies

Running Head: IMPRISONMENT
PRISON IS INEFFECTIVE BECAUSE MOST PEOPLE COME OUT WORSE THAN THEY
WENT IN
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Author’s Note

IMPRISONMENT1
The theories of punishment mainly focuses on three principles: Deterrence, Rehabilitation and
Restitution. It means that the sentencing of a convict should be such that as per the first theory,
should set an example to instill fear about the consequences of such offense, as per the second
theory, should focus on the improvement of the person’s thought and his or her change of mind
about the committing of such offence and as per the third theory, should focus in making the
person gel up with the society and incline him or her towards its protection. However, each
theory has its own viewpoint and is contradictory to each other.
The sentencing or imprisonment is one of the remedies offered by the criminal law.
criminal law is strict in nature due to the type of offences covered in it. It covers the offences
against the state or community as a whole and its violence decides its punishment or mitigation.
This thesis aims to bring out the pros and cons of imprisonment as a form of punishment
and the consequences of its abolition. In case, the abolition is allowed, the alternatives of such
punishment is discussed in a form of critical analysis.
Imprisonment is a very old form of punishment and also the most severe form which has
been imposed by a court in Victoria. However, in 2009-2010, it has been noticed that the number
of people being imprisoned has increased by 3.8% as per Australian Bureau of statistics 2010a,
p11. The most effective and the most important achievement of imprisonment is deterrence.
Other sanctions like fines, correction orders, community-service orders are not the form of
deterrent form of punishment (Codd 2013). Section 5 (1) of the Sentencing Act (Vic) states that
only purpose to imprison a person shall be to punish such person, recognize denunciation and
facilitate rehabilitation and protect community from such offenders. Section 5 (1)(b) states that
imprisonment is the form of punishment which creates fear or deterrence among similar

IMPRISONMENT2
offenders. According to Winch vs. The Queen [2010], it has been held by the court that
effectiveness of deterrence is what hinders the offenders from committing similar offences. It is
like a threat to punishment and the fear instilled accounts for the hindrance to commission of
such crimes. However, referring to juveniles in Children’s Court, in H vs. Rowe [2008], it was
held by the court that such offenders do not constitute as threat to the community and hence, in
such cases involving juvenile offenders, general deterrence is not required. Hence, the sentencing
in Children’s Court is different as their scope is different.
Hence, the Common law principle regarding sentencing and imprisonment lays down that
the sentencing should be quantum to the gravity of the crime committed by the person and its
effect upon the community (Hart Jr 2014). The situations involving youth offenders operates
under specific deterrence to be created in specific class of offenders. However, general
deterrence is mostly for the violent crimes, which imposes threat upon the community as a
whole.
The prison abolishment movement is a random network of groups and activists seeking to
reduce to eliminate the imprisonment as a form of punishment. Such abolition shall be replaced
by the punishment forms focusing on rehabilitation and restitution (Shaw 2009). Those who are
in favor of prison abolition also thrive to abolish all forms of prison system including solitary
confinement, death sentence, and the orders to construct new prisons in future (Berger, Kaba,
David 2017). According to Davis 2000, the prison form of industry should be strongly criticized
on the ground of history stating that like mass incarceration is not the solution to unemployment,
similarly, prison is not the solution to punish somebody for crime committed. According to Beth
2012, it is the victims belonging to the community of color, poor, minorities, transgender,
domestic violence and so on are the ones who are suffering from the effects of imprisonment.