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To what extent do fines achieve two purposes of sanctions? - VCE - SSCE Legal Studies - Question 4 - 2020 - Paper 1

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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

Purpose 1: Punishment

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Fines serve primarily as a form of punishment for offenders. They are designed to penalize individuals for their wrongful conduct, which can serve to dissuade them from future offenses. The effectiveness of this purpose largely depends on the severity of the fine relative to the offender's financial situation. For instance, a substantial fine imposed on an affluent individual may be perceived as merely a minor inconvenience, whereas a lesser fine may have a more significant impact on someone with limited financial resources. Therefore, the effectiveness of fines as a punishment can vary significantly based on the circumstances of the offender.

Step 2

Purpose 2: Deterrence

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Answer

Fines are also intended to deter both individuals and the wider community from committing offenses. This is particularly effective when the fines are perceived as significant and necessary to discourage harmful behavior. However, the deterrent effect can diminish if offenders view the fines as manageable or trivial compared to the potential benefits of the offense. Therefore, the extent to which fines achieve deterrence is influenced by factors such as public awareness of the consequences and the overall enforcement of the law. In cases where the fines are consistently applied and the community recognizes the potential for consequences, fines can be an effective deterrent.

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