Trial Essays – Sentencing and Punishment

Resource Description

Trial Essays – Sentencing and Punishment

Question: How successful are alternative methods of sentencing in achieving just outcomes?

Intro: Alternative methods of sentencing are largely effective at providing just outcomes for both offenders and victims. The fundamental aim of the criminal justice system is to address the needs of offender, the victim and the greater community when determining a purpose for punishment. Recent developments in the law have introduced new forms of sentencing, targeting particular types of offenders, that attempt to combat issues associated with recidivism and traditional forms of sentencing. In most cases, there is not ‘one-size-fits all’ measure and vulnerable individuals – whether victim or offender – require alternative responses. Alternative sentencing occurs when an offender has pleaded their guilt, displaying remorse and evident levels of willingness for rehabilitation. Circle Sentencing for ATSI offenders, Youth Justice Conferencing for young offenders and Diversionary programs for drug/alcohol dependent offenders are examples of alternate forms of sentencing. These measures have been mostly effective and bringing greater justice as they reduce recidivism, are more socio-culturally appropriate and address the needs of both vulnerable offenders and the victim.