Punishment and the state based on Australian law

Moreover, it examines the possible advantages and disadvantages of privatizing gaols. It also explains why community correction orders may be a more suitable sentence option for non-dangerous offenders than a sentence of time in gaol. Additionally, it identifies aspects of Foucault's theories applied in the NSW Drug Court, and limitations inherent in the NSW Drug Court. In conclusion, it provides answers to the ten multiple choice questions. New Right criminological thinking requires ‘tough on crime’ policing practices and laws to be adopted and followed. M. Home detention is a much cheaper option for incarcerating an offender than prison. However the price the offender pays in the loss of their human rights and liberty is too high a price for the offender to pay.

Discuss the possible advantages and disadvantages of home detention. Advantages of home detention include: flexibility, cost-effectiveness as it is a cheaper alternative to Prison. To the contrary, there are a number of issues and concerns that arise as a result of privatizing gaols. They include: prisoners serve increased sentence, don’t accommodate costly prisoners, can led to loss of investment of local communities when they close down as they are operated on a contractual basis, they are more violent because of low staffing level, prisoners can be separated from family, encourage corruption, and have zero cost sharing advantages (Roberts, Julian V, 2004). Explain why community correction orders may be a more suitable sentence option for non-dangerous offenders than a sentence of time in gaol.

Community correction orders may be a more suitable sentence option for non-dangerous offenders than a sentence of time in gaol because of the following reasons; they offer an opportunity of promoting the community’s best interests as well as those of the offender; with this the offenders continue performing their normal activities such as meeting family obligations and employment. The orders can be remolded to cater for different offenders at the same time minimizing the re-offending risk by facilitating the rehabilitation of the offenders (Dölling, D. It provides a twelve month program for treatment of drug dependence before conviction and sentence. The program combines judicial supervision with bail conditions such as home detention and curfews, urine testing and treatment for drug dependence.

During program participation, the court adopts therapeutic language and concepts consistent with addressing drug dependence with the focus on ‘the provision of treatment rather than the imposition of blame and punishment’ for offending behaviour (Jason Payne. There are inherent limitations in the NSW Drug court, some of them include: NSW Drug court seeks to use the power of certainty and consistency inherent in the process to bring about reform of the participant, Offences must fall within a specific category which excludes persons charged with offences such as drug trafficking, sexual offences and violence. For NSW Drug court eligibility, one must not be suffering from any mental condition, be dependent on a prohibited drug, and should willingly participate in the program. In order to evaluate ‘quality’ we must consider what is a ‘good prison’.