VU21912 History of Punishment & Victorian Correctional Framework Essay

This assignment delves into the history of punishment and the evolution of the Victorian correctional system. It explains the shift from corporal punishments in the 19th and 20th centuries to modern imprisonment and fines. The assignment also outlines the development of the Victorian correctional framework, focusing on prisons, parole, and correctional services. Furthermore, it explores the concept of rehabilitation within the corrective service, aiming to reduce reoffending through skill development programs and psychological support. The document also cites relevant Commonwealth and Victorian legislation related to the management of adult offenders, including the Corrections Act 1986 and the Crimes Legislation Amendment Act, which prohibits capital punishment.

History of Punishment

INTRODUCTION...........................................................................................................................3
TASK A...........................................................................................................................................3
1. Explained the evolution of punishment and confinement in Western society.........................3
2. Listed 5 different types of corporal punishment used in the 19th and 20th century...............4
3.Explain the evolution of the Victorian correctional system.....................................................4
4. Explain the nature of ‘rehabilitation’ in Victoria’s present day corrective service.................4
TASK B...........................................................................................................................................5
1.Cited the relevant commonwealth legislation which prohibits Australian states from re
introducing capital punishment....................................................................................................5
2.Cited the relevant section of the Australia constitution which protects the legislative power
of the Victorian government to operate a correctional system which manages adult offenders. 5
3.Listed five pieces of Victorian legislation that relate to how the correctional system manages
adult offenders.............................................................................................................................5
4.Explained one Victorian legislative Act that relates to how the correctional system manages
adult offenders.............................................................................................................................6
5.Listed one Victorian legislative Act that specifically relates to how the correctional system
manages adult offenders whilst in custody..................................................................................6
6.Listed one Federal legislative requirement that relates to adult offenders...............................6
7.Outlined the role of the Victorian correctional framework and explained where it can be
located..........................................................................................................................................7
3. Explained the evolution of the Victorian correctional system.................................................7
4. Explained the nature of ‘rehabilitation’ in Victoria’s present day corrective service.............7
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9
CONCLUSION..............................................................................................................................13

INTRODUCTION
Punishment in law means those aspects which helps in dealing with various kinds of
criminal activities that has been taking place within a country. These punishments are been given
in the form of penalty or imprisonment. It has been studied in detail under criminology which is
the study of punishment and victims. Through punishment criminals in society are able to
sentence for imprisonment by the courts. Punishment has its origin from a very long time since
the development of era within the history. Morality means the principals that have been helpful
in identifying of wrong a right ways of performing an activity that can impact an individual or
public at large. Also punishment makes reduction in crime by providing rehabilitation to
prisoners and understand there psychology. Under this presentation various aspects like
evolution of punishment, kinds of corporal punishment, Victorian correctional system with
rehabilitation has been covered.
TASK A
1. Explained the evolution of punishment and confinement in Western society
Punishment in Australia is one of the most important concept which is used in order to
clean society from the crime which has been impacting society and various aspects related to it.
The punishments in Australia have been defined within the criminal justice system of Australia.
The concept of punishment is of old origin within country like Australia earlier there use to
corporal punishments which were prevailing within society. In modern time these punishment
are been mentioned with legislature and are given as per the intensity of crime committed by an
individual. Earlier punishments like whipping, brawling, head shaving, behead and flogging is
involved. In today’s world punishments are mainly limited to imprisonments and fine. In
Australia after banning death penalty highest punishment is life imprisonment which is given
within offences like severe sex offences, such as rape, sexual assault etc. These punishments are
only given by courts after trial is completed upon an offence. Confinement has also developed
after when the concept of parole, bail and correction was introduced within Australia. In parole
an person is set out of prison after completing sentence with the hope of becoming new human
being. In case of bail person is set free on conditional basis which can be revoked if crime is

again conducted by the person. These concept has lead towards formation of Victorian
Correctional framework.
2. Listed 5 different types of corporal punishment used in the 19th and 20th century.
Corporal punishments were those punishments which used to exists within 19th century in
order to punish criminal. These punishments were formed to cause physical pain to a person for
establishing example within society for criminals and individuals committing crime. Such
punishments were into existence till 1920. In this various punishments like whipping, pillory, be-
heading, head shaving floggings, brandings, and even mutilations were practised in most
citizens. Since there was growth within humanization idea these punishments become inhuman
in Western society. In the late 20th century corporal punishment has been eliminated from legal
system of a country like Australia.
3.Explain the evolution of the Victorian correctional system.
Victorian correctional system has been formed with three main elements that is prison,
parole and correctional which helps in confining persons who have been taken into remand or
within the custody by judicial authority and have been deprived of following conviction for a
crime. A person found guilty of a felony or a misdemeanour may be required to serve a prison
sentence. The holding of accused persons awaiting trial remains an important function of
contemporary prisons, and in some countries such persons constitute the majority of the prison
population. In the United Kingdom, for example, generally about one-fifth of the prison
population is unconvinced or unsentenced.
4. Explain the nature of ‘rehabilitation’ in Victoria’s present day corrective service
Rehabilitation program is the part of correctional system which has helped in making
prisoners better person in order to start new life. The key goal of rehabilitation is to reduce
reoffending. A reduction in reoffending will mean less victims of crime and less social and
economic cost to the community. Successful rehabilitation leads to safer communities.

TASK B
1.Cited the relevant commonwealth legislation which prohibits Australian states from re
introducing capital punishment.
Since 1973 and the passage of Death Penalty Abolition Act 1973 has made death penalty
not applied in respect offence within the law of Commonwealth and Territories. The state
legislation has been formed which has outlawed the practice within the judiciary at state level.
Queens Land Division was first to make abolition of death penalty for all crimes in 1922 and
then NSW was the last to do it in 1985. The in relation to murder death penalty was banned in
the year 1955. Then in 1985 death penalty for treason and piracy was removed. Then in march
2010 with the support of with bipartisan support, the Commonwealth Parliament passed the
Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Act was
passed which abolished death penalty as a punishment for a crime. This Act amends the Death
Penalty Abolition Act 1973 (Cth) to extend the current Commonwealth prohibition on the death
penalty to all States and Territories. This forecloses the possibility of any individual State
jurisdiction reintroducing the death penalty.
2.Cited the relevant section of the Australia constitution which protects the legislative
power of the Victorian government to operate a correctional system which manages adult
offenders.
Corrections Victoria – a business unit of the Department of Justice and Community
Safety – implements court judgments and orders of the Adult Parole Board. It sets strategy,
policy and standards for the management of the state's system of correctional facilities
3.Listed five pieces of Victorian legislation that relate to how the correctional system
manages adult offenders.
The Corrections Act 1986 (Corrections Act) provides the legislative basis for the delivery
of correctional services by Corrections Victoria. The previous Regulations, the Corrections
Regulations 2009, expired on 28 April 2019. The Current Regulations replaced the 2009
Regulations. These regulations has helped in making development possible of correctional
system which helps in managing adult offenders and there behaviors within prison

4.Explained one Victorian legislative Act that relates to how the correctional system
manages adult offenders.
This organ has provided rules and regulations which helps in structuring legal perspective
within a country. Within the legal system of United Kingdom there are two main laws which
have been developed that is civil and criminal law.
5.Listed one Victorian legislative Act that specifically relates to how the correctional
system manages adult offenders whilst in custody.
The Corrections Act 1986 (Corrections Act) provides the legislative basis for the delivery
of correctional services by Corrections Victoria. While the Corrections Act sets out most of the
framework for how correctional services are regulated, the Corrections Regulations 2019
(Current Regulations) prescribe key matters under the Corrections Act that enable the effective
operation of the framework. In Victoria, regulations automatically expire after 10 years. This
process is referred to as ‘sunsetting’. The process provides an opportunity to revisit existing
regulations and examine whether they are still required, and if so, whether there are ways to
improve them. The previous Regulations, the Corrections Regulations 2009, expired on 28 April
2019. The Current Regulations replaced the 2009 Regulations. An exposure draft of the Current
Regulations and a Discussion Paper to explain the specific policy changes were released in
March 2019, followed by a consultation period. The Current Regulations are substantially a
rewrite of the 2009 Regulations, with technical changes and language updates that enhances the
transparency and accountability of the Regulations.
6.Listed one Federal legislative requirement that relates to adult offenders.
The Criminal Code Act 1995 is the main piece of legislation relating to commonwealth
(federal) criminal offences in Australia, which are crimes that apply across the nation. Section
83.3 Criminal Code Act 1995 Military-Style Training Involving Foreign Government Principal
etc. .

7.Outlined the role of the Victorian correctional framework and explained where it can be
located.
The following are fundamental to the aims of sentence management: To reduce the risk
of re-offending by prisoners by identifying areas of risk and providing Individual Management
Plans (imps) during imprisonment aimed at reducing that risk. ... Program inclusion based on
prisoner risks/needs and available resources.
3. Explained the evolution of the Victorian correctional system.
Corrections Victoria is part of the Department of Justice and Community Safety in the
Victorian Government and has been holding responsibility over the provisions of custodial and
community based services which is important element of criminal justice system in the state of
Victoria. The services provided include correctional centre custody of remand and sentenced
inmates, parole, pre-sentence reports and advice to courts and releasing authorities, community
service orders and other forms of community-based offender supervision. Offenders in custody
and those supervised in the community are assessed for relevant interventions to reduce their
risks of re-offending. Corrections Victoria works in partnership with other government and non-
government justice and human services agencies in regard to inmates in custody and offenders in
the community.
4. Explained the nature of ‘rehabilitation’ in Victoria’s present day corrective service
Rehabilitation means the process by which a criminals are given chance to become good
human being again. In the corrective services of Australia correctional centres has been formed
which makes skills developed through skills developing program and has been helping in
developing psychological, social work and spiritual care services which makes prisoners
developing capabilities within them helping in making stability achieved within there life.

CONCLUSION
From the above discussion it can be concluded that plea bargaining is the process by
which accused is been provided right over writing guilty plea in order to make reduction of the
sentence that has been passed within the judgement. Further the file covers about regulations in
relation to the plea bargaining process. Then adverse system has been explained which helps in
making bargaining of plea to be made in more faire manner. Also it seeks that fairness is been
made in relation over the process followed within guilty plea. Then various kinds of guilty plea
is explained and in the end advantages and disadvantages is been told with reason for abolishing
plea bargaining.

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