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To what extent do fines achieve two purposes of sanctions? - VCE - SSCE Legal Studies - Question 4 - 2020 - Paper 1
Question 4
To what extent do fines achieve two purposes of sanctions?
Worked Solution & Example Answer:To what extent do fines achieve two purposes of sanctions? - VCE - SSCE Legal Studies - Question 4 - 2020 - Paper 1
Step 1
To what extent do fines achieve the purpose of punishment?
Answer
Fines serve as a tool for punishment by imposing a financial penalty on offenders. The effectiveness of fines as a punitive measure often depends on the significance of the fine relative to the offender's financial situation. If the fine is substantial enough to be felt by the offender, it can act as a deterrent against future offenses. However, fines may have less impact on wealthy individuals who may not regard them as a serious consequence. Thus, while fines can achieve the purpose of punishment, their effectiveness varies based on the offender's circumstances.
Step 2
To what extent do fines achieve the purpose of deterrence?
Answer
Fines can achieve deterrence by discouraging both the offender and the general public from committing similar offenses. The idea is that the fear of incurring financial loss will prevent individuals from engaging in prohibited behavior. This is particularly true when the penalties are significant and publicly enforced. However, if offenders perceive the likelihood of being caught as low or view the fine as negligible, the deterrent effect can diminish. In this way, while fines can be a mechanism for deterrence, their effectiveness again hinges on factors such as the amount imposed and the likelihood of enforcement.