ADJUS-120 Lecture Notes - Lecture 24: Homicide, Actus Reus
Document Summary
Sentencing: upon finding an accused guilty, criminal courts are responsible for punishing offenders, aims and purposes of punishment: Retribution offenders to receive just deserts". Deterrence to deter other people (general deterrence) or to deter the offender (specific deterrence) from engaging in the behaviour. Rehabilitation to help the offender change and be better". Denunciation to make a strong statement on behalf of society that the behaviour is unacceptable. Incapacitation to prevent the offender from performing other offences. Family violence courts: designed to reduce violence (primarily) against women by intimate partners, links to medical practitioners, treatment providers, social services etc, evidence of success is mixed. In some jurisdictions they have increased sentencing options to achieve desired outcomes. Mental impairment courts: aim to identify and intervene early with defendants with impaired mental and intellectual functioning, again, evidence of success" is mixed. In addition to having problem-orientated courts, some court-based diversionary interventions exist.