Photo AI
'Criminal sanctions are always able to achieve their purposes, unlike civil remedies, which rarely achieve their purposes.' Discuss the extent to which you agree with this statement. - VCE - SSCE Legal Studies - Question 6 - 2021 - Paper 1
Question 6
'Criminal sanctions are always able to achieve their purposes, unlike civil remedies, which rarely achieve their purposes.' Discuss the extent to which you agree wi... show full transcript
Worked Solution & Example Answer:'Criminal sanctions are always able to achieve their purposes, unlike civil remedies, which rarely achieve their purposes.' Discuss the extent to which you agree with this statement. - VCE - SSCE Legal Studies - Question 6 - 2021 - Paper 1
Step 1
Sanctions and Their Effectiveness
Answer
Criminal sanctions, such as fines, imprisonment, and community service, are designed to serve specific purposes: deterrence, punishment, and rehabilitation. The effectiveness of these sanctions can vary: for example, a wealthy offender may find a fine less punishing than intended, while high recidivism rates raise questions about the rehabilitative success of imprisonment.
Imprisonment aims to prevent future crimes by removing offenders from society; however, if recidivism is high due to inadequate rehabilitation programs, the success of this sanction is debatable. Evidence shows more than 40% of prisoners reoffend within the first two years, indicating a need to assess the impact of correctional facilities on rehabilitation.
Step 2
Civil Remedies and Their Limitations
Answer
Civil remedies, such as damages and injunctions, aim to restore a plaintiff to their original position. However, they may not always achieve their purposes, particularly in intangible cases like emotional distress or psychological harm. These situations are challenging to quantify and may leave victims without adequate redress. Moreover, the implementation of civil remedies is often contingent upon the resources and willingness of the parties involved, which can limit their effectiveness.
Step 3
Comparative Analysis
Answer
While criminal sanctions can have a more immediate impact through punishment and deterrence, they are not infallible; their success depends on various factors including the nature of the crime and the offender's circumstances. On the other hand, civil remedies are integral to addressing harm but may fall short in achieving their goals consistently. The effectiveness of both systems highlights the need for a balanced approach—criminal sanctions while punitive require more focus on rehabilitation, while civil remedies need to improve their effectiveness to better restore individuals affected by harm.