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Sentencing in the criminal justice system
Sentencing in the criminal justice system
Judicial system in australia and more
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Criminal law attempts to balance the rights of individuals to freedom from interference with person or property, and society’s need for order. Procedural matters, the rights of citizens and powers of the state, specific offences and defences, and punishment and compensation are some of the ways society and the criminal justice system interact.
As a Judge it may be challenging to be unbiased when sentencing convicted offenders especially on high profile cases such as the Daniel Morcombe one. As a stakeholder, the judge considers many perspectives when sentencing the convicted offender. The trial beginning on the 10th of February 2014 under Justice Roslyn Atkinson with the prosecution closing the case on the 7th of March (ABC, 2014).
Magistrates
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Brett peter Cowan being a serial sex offender shows to the judge his capability of committing such a crime again in the further and for this they have sentenced him for 20 years of jail time (Queensland Consolidated Acts, …show more content…
Depending if the case meets the community’s expectations. The punishment theories are put in place to help the court decide which punishment would best fit the description of the case while making sure the case is just and equitable. The judge was unbiased in this case as the punishment theories apply to all offenders. The public supported the voice of Daniel Morcombe parents and understood there suffering and pain through this investigation as the public thought that Brett needed to be punished in Queensland. The outcome of the case was that Cowan was taken into custody and charged with Morcombe murder and other offences, including child stealing, deprivation of liberty, indecent treatment of a child under 16 and interfering with a corpse.
Just and equitable legal outcomes to evaluate the case include of many expectations that may be met, the outcome of the case was discovered by fair trial which includes correct punishment theories and procedures, Justice Roslyn Atkinson met these through the trial also making it equitable because the punishment theories were applied to the offender Brett Peter Cowan. Punishment options and procedures in Queensland met the current needs of the society throughout this
On 14th September 1984, he was convicted of provoked burglary, three murders and rape at Sheffield crown court. The applicant was sentenced to a term of life imprisonment by the trial judge and recommended a minimum tariff of 18 years to the secretary of state for
In July of 2008, one of the biggest crime cases devastated the United States nation-wide. The death of Caylee Anthony, a two year old baby, became the most popular topic in a brief amount of time. Caylee’s mother, Casey Anthony, became the main suspect after the child supposedly was kidnapped and went missing. To this day, the Casey Anthony case shocks me because justice, in my opinion, wasn’t served. I feel as if the criminal conviction system became somewhat corrupted in this case. The entire nation, including the court system, knew that Casey Anthony was behind this criminal act, but yet she escaped all charges. I chose this case not only because it’s debatable, but also to help state the obvious, this case was handled the wrong way. Clearly the legal system was biased, which worked in Casey Anthony’s favor, freeing a murderer.
The New York Times bestseller book titled Reasonable Doubts: The Criminal Justice System and the O.J. Simpson Case examines the O.J. Simpson criminal trial of the mid-1990s. The author, Alan M. Dershowitz, relates the Simpson case to the broad functions and perspectives of the American criminal justice system as a whole. A Harvard law school teacher at the time and one of the most renowned legal minds in the country, Dershowitz served as one of O.J. Simpson’s twelve defense lawyers during the trial. Dershowitz utilizes the Simpson case to illustrate how today’s criminal justice system operates and relates it to the misperceptions of the public. Many outside spectators of the case firmly believed that Simpson committed the crimes for which he was charged for. Therefore, much of the public was simply dumbfounded when Simpson was acquitted. Dershowitz attempts to explain why the jury acquitted Simpson by examining the entire American criminal justice system as a whole.
Syme, D. (1997). Martin Bryant's Sentence- What the judge said, Retrieved 5 July, 2003, from http://www.geniac.net/portarthur/sentence.htm. 7. The Australian Encyclopaedia.
The basis of criminal justice in the United States is one founded on both the rights of the individual and the democratic order of the people. Evinced through the myriad forms whereby liberty and equity marry into the mores of society to form the ethos of a people. However, these two systems of justice are rife with conflicts too. With the challenges of determining prevailing worth in public order and individual rights coming down to the best service of justice for society. Bearing a perpetual eye to their manifestations by the truth of how "the trade-off between freedom and security, so often proposed so seductively, very often leads to the loss of both" (Hitchens, 2003, para. 5).
The criminal trial process is able to reflect the moral and ethical standards of society to a great extent. For the law to be effective, the criminal trial process must reflect what is accepted by society to be a breach of moral and ethical conduct and the extent to which protections are granted to the victims, the offenders and the community. For these reasons, the criminal trial process is effectively able to achieve this in the areas of the adversary system, the system of appeals, legal aid and the jury system.
Peirce, Gleen L. and Michael Radelet “Monitoring Death Sentences Decisions: The Challenges and Barriers to Equity”. 34.2. n. pg. Web. 26 Jul 2014.
In every society around the world, the law affects everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities. Within the legal system, there is the Canadian criminal justice system, which is meant to guarantee the safety of citizens within the country and is used to sustain social control and deliver justice for a society.
A contentious issue in current debate is the death penalty and its application in society. The death penalty, also known as capital punishment, occurs when a individual is punished by execution as a consequence of an offence they committed (Taylor, 2014). Although Australia does not practice the death penalty, many countries continue to employ it as a means of justice and uphold its value in society. The death penalty debate is a multifaceted issue, encompassing many aspects of society including ethics and morality, the judicial system, and politics and the economy. It will be argued that the death penalty is a morally dubious and obsolete practice that is no longer relevant in modern judiciary, as it breaches the inviolable human right to life. Ethics and morality are primary arguments for both supporting and opposing the death penalty, as some individuals believe that the death penalty is a immoral practice and others consider that it can be morally justified when prolific crimes are committed. Punishment is fundamental element to any legal system as a means of justice and ensuing that the offender is unable to commit additional crimes; however, in the case of the death penalty there can be dire consequences if the legal system is wrong. Politics and the economy are also greatly influenced by the death penalty as they determine if the practice is maintained. The death penalty breaches a number of human rights laws and some individuals support that it is immoral; however, others consider it to be justifiable due to the heinous actions of the offender.
The Australian Legal System has a rich and detailed history dating from 1066. Law is made in Parliament. We have four sources of law and three courts with different jurisdictions that interpret the law when giving out justice. Important doctrines act as the corner-stones of our legal system. There is a procedure in the courts for making appeals. Separation of powers exists between officials in the courts, the parliament and the Executive. Everyone in Australia is treated equally under the Rule of Law, no matter their office or status. The Law is always changing as society changes, but it can never be perfect and cannot please everyone.
There are several types of punishment that can be inflicted upon an offender including, fines, community sanctions and imprisonment (The Judicial Conference of Australia, 2007). Punishment is described as a sanction which inflicts a certain amount of pain and loss on the offender, used for payback and deter (The Judicial Conference of Australia, 2007; Carlsmith, Darley, & Robinson, 2002). There are three ways society justifies punishing offenders, through the
When you think of an extreme crime you think of murder. When you think of an extreme punishment you think of the death penalty. Crimes of such severity sometimes deserve an equal punishment and we as a society accept this. However, Supreme Court Justice William Brennan argues that society seriously questions the appropriateness of the death penalty. It is true that over the years since the death penalty was first implemented it has undergone some changes but this does not suggest that we believe that the death penalty is unacceptable.
Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to protect, serve, and limit human actions and to help guide human conduct. Also, laws provide penalties and punishment against those who are guilty of committing crimes against property or persons. In the modern world, there are three choices in dealing with criminals’ namely criminal punishment, private action and executive control. Although both private action and executive control are advantageous in terms of costs and speed, they present big dangers that discourage their use unless in exceptional situations. The second purpose of criminal law is to punish the offender. Punishing the offender is the most important purpose of criminal law since by doing so; it discourages him from committing crime again while making him or her pay for their crimes. Retribution does not mean inflicting physical punishment by incarceration only, but it also may include things like rehabilitation and financial retribution among other things. The last purpose of criminal law is to protect the community from criminals. Criminal law acts as the means through which the society protects itself from those who are harmful or dangerous to it. This is achieved through sentences meant to act as a way of deterring the offender from repeating the same crime in the future.
Offenders are protected today by both the rule of law, ensuring that all offenders are treated equally, regardless of their age, sex or position in the community, and due process, which ensures that all offenders are given a fair trial with the opportunity to defend themselves and be heard (Williams, 2012). Beccaria’s emphasis on punishment being humane and non-violent has also carried through to modern day corrections. It is still the case today that offenders must only receive punishment that is proportionate to the crime they have committed and the punishment is determined by the law. The power of the judges and the magistrates to make decisions on punishment is guided by the legislation and they do not have the power to change the law (Ferrajoli,
These family members feel like justice has been served if the person who murdered their loved one receives a fitting punishment; it can also be seen as retribution.... ... middle of paper ... ... Works Cited http://www.justice.gov.uk/downloads/statistics/prison-probation/prison-probation-performance-stats/prison-costs-summary-10-11.pdf.