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Past, present and future of parole
Past, present and future of parole
Importance of parole and probation
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Examine the impact of post sentencing considerations on the achievement of justice (600-800 words)
When an offender is sentenced to imprisonment, post sentencing considerations must be made based on an evaluation of the individual and this will determine the manner in which the prison sentence is served. Post sentencing considerations include security classifications, parole and continued detention orders. These offer different levels of incapacity, accessibility of rehabilitation programs and incentives for good behaviour, and are implicated in order to achieve justice through upholding the rights of the victim, the offender and the wider community.
Security classifications are considered by Corrective Services NSW in order to determine which
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This is offered to provide an incentive for “good behaviour” and ultimately rehabilitation during a sentence. The granting and restriction of parole is outlined in the Crimes (Sentencing Procedure) Act 1999 (NSW), and allows those with sentences of more than three years to be released after they have served their minimum sentences. The encouragement of rehabilitation upholds the rights of the community and offender, as the offender’s rights are not undermined by through excessively restricting their freedoms and the reintroduction of the rehabilitated offender into society minimises the threat of reoffending. However, the reward of parole for some offenders has resulted in community dissatisfaction. The Age article “Adrian Bayley should not have been on parole” represents a social concern regarding the leniency of parole for violent sexual offenders. The release of the evidently non-rehabilitated offender resulted in a breach of parole and the sexual assault and murder of Jill Meagher, a 29 year old Melbournian woman. As a result of the injustice of the lenient decision and subsequent community retaliation, new parole laws were introduced in Victoria during 2014. This legislation is outlined in the Corrections Amendment (Parole) Act 2014, and the penalty for breaching parole includes up to three months jail and/or a $4200 fine. Thus, there is greater justice for the victim and especially the community through the discouragement of crime for offenders who may not be rehabilitated and are released on
Do you remember the first time we met? I do as I cannot shake the memory. It was love at first sight. I’ll never forget the feeling I had. A warmth overcame my body as you stoked a fire in my heart. It was like I had spent my life drowning in the sea around me and you were that breath of fresh air as I pulled myself out. My cares and concerns melted away. I was complete. You were exactly what I had been missing in my life. My better half you completed me you made me whole. Your touch, your scent, your glistening radiance I took it all in. I felt its force enter my body working its way to the very center of my soul. It felt like a real living breathing thing coalescing within my life force touching parts of me I never knew existed. You awakened some innate primal desire and I needed you at all times.
But as will be discussed, there are major flaws in the Australian criminal justice system with issues focussing on three main concerns: (i) lenient sentencing in the criminal justice system particularly with white-collar and blue-collar crimes (i) recidivism and lack of support for offenders (iii) public safety concerns. This essay will examine issues with the Australian prison system, and explore the punishment of shaming and if it is an effective method in preventing general and specific deterrence using sociological frameworks and theories.
Offenders are, at times, ordered to do all of these. Intermediate sanctions can be implemented in several ways. It can be implemented during arraignment or the initial sentencing, after the offender agrees to treatment and has shown improvement in compliance, or it can be implemented as a means to reduce the population in the correctional system (textbook, 131). This brings up the question of whether intermediate sanctions should be used and at what cost to the government. There are many reasons why intermediate sanctions are used and should be used.... ...
I’ve often wondered what it would be like to be on academic probation. The College of Liberal Arts and Sciences reviews all students at the end of both the fall and spring semester and summer term to determine their academic standing. Students in the College of Liberal Arts and Sciences must maintain a 2.0 cumulative KU GPA in order to be in good academic standing. Students below the cumulative KU GPA of 2.0 are placed on probation (KU.edu). Freshman and sophomores on Probation (between 0 – 59 completed hours)
This type of legislation has been devised to allow for the detention of people based upon assessments of risk of re-offending, this essay will explore the concerns with these practices. This essay further aims to explore the moral and practical implications of such sentencing provisions and the impact it has on the whole Justice System. The writer will also address the conflicting goals of Corrections and the purpose and impact of indefinite sentencing while exploring the justifications against such legislation. This essay also aims to show that even though we may feel disgust for these types of offences we must remember the fundamentals of the Criminal Law system and understand that people are entitled to equality and fairness in the eyes of the law.
The aims of sentencing include punishment, deterrence, rehabilitation, denunciation and protection. Punishment is used to punish the offender for their wrong conduct to an extent and in a way that is just in all circumstances and is intended to show public abhorrence from the offence. An example of a sentencing option that may be used to punish an offender includes imprisonment. A recent sentence imposed in the Tasmanian Supreme Court aimed at punishing an offender is the case of Michael Robert Keeling v State of Tasmania in which the judge needed to balance the need to punish the offender and the need to deter him and others from such conduct while keeping the best interests of the community in mind. Deterrent sentences are aimed at deterring not only the offender from further offences but also potential offenders. Specific deterrence is concerned with punishing an offender in the expectation they will not offend again whereas general deterrence is related to the possibility that people in general will be deterred from committing crime by the threat of punishment. An example of ...
Mandatory minimum sentencing is the practice of requiring a predetermined prison sentence for certain crimes. The most notable mandatory minimums are the ones implemented in the 70’s and 80’s, hoping to combat the rising drug problem. Mandatory minimum sentencing has existed in the United States nearly since its very birth, with the first mandatory minimums being put into place around 1790. Recently, as the marijuana laws of many states have scaled back in severity, the issue of mandatory minimums has caused controversy in the US. There are two distinct sides to the argument surrounding mandatory minimum sentencing. One group believes we have a moral obligation to our country requiring us to do no less than lock up anyone with illegal drugs
When it comes to criminal justice there are several other options to punish someone rather than incarceration, any of these options can be used in place of incarcerating someone based on the individual needs. Does the person who drinks habitually need to go to jail for their fifth DUI, or do they need alcoholism classes? At the same time sometimes incarceration is the only option. Incarceration is a very costly process, and leaves the person who is incarcerated “institutionalized” where all they know is the system, and do not know how to survive outside of it. It is all a cost versus benefit battle.
for youngsters who have a long history of convictions for less serious felonies for which the juvenile court disposition has not been effective” (qtd. in Katel).
In the United States there are two types of sentencing a judge can give a person when they are proven guilty of a crime and these two sentencing are determinate and indeterminate. Now each one of these sentences are put in place in order to determine if a person is going to spend a few months or several months in prison or several years in prison. Now a determinate sentence is considered a type of sentence where an offender has received a fixed term in prison or jail and it cannot be changed by a parole board or any other agency but they can get out for earn time. Fortunately, this sentence gives the judge a mandatory minimum sentencing guideline where they can consider some individual circumstances. Unlike, determinate sentencing indeterminate
This essay has identified sanctions imposed on offenders including imprisonment and community corrections. Described how punishment is justified with the just desert and deterrence theory. Discussing the rate of individuals being imprison comparted to community, provided rates for assault which shows crime being maintained and community member feel safe enough to allow for this to
Expunging Criminal Convictions: An Overview Convictions and arrests can be an embarrassment and may limit options in a career, employment or education. Many state laws give persons with arrest and conviction records a remedy – they may be removed or "expunged" if certain legal requirements are met. State Expungement Laws "Expungement" generally means the removal and isolation, and sometimes destruction, of records concerning a person's arrest, detention, investigation, trial or other disposition relating to certain criminal offenses. However, the laws and procedures for expunging criminal records are the creation of states, and sometimes even counties or municipalities. Disparity therefore exists in the principles, procedures and effects.
There should be fairly sentenced times for criminals who commit the same crime, and there should be a clear reason that someone is being put into the parole system (e.g. “time served” – the time served. These issues include the ineffectiveness of parolees meeting with their supervising parole officers, courts letting prisoners out prematurely due to non-parole related reasons, and lastly, after the prisoner is put on parole they are set up for failure when they enter the parole system. The causes of these problems range from unpreparedness, lack of clarity, and mistreatment of parolees. These problems can be easily solved by partaking in systems that will fix the parole system from the inside out. The solutions to these problems may seem unattainable, however, they can be fixed since there is a need to help the people who have been lost in the struggle of dealing with a broken parole system.
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,
The New South Wales Criminal trial and sentencing process is adequate in balancing the rights of the victims, offenders and society however like any legal system is does have its faults. The options in the trial and sentencing process are stipulated in the Criminal Procedure Act 1986, the Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 and the Crimes (sentencing procedure) Act 1999 which features the use of charge negotiation, rehabilitation, mitigating factors and intensive corrective orders.