This is a sample for the HSC Legal Studies Crime package by HSC Apps. Just click Download and it's all yours to do what you want with it! All of the resources have been updated for 2014-15 to include the latest laws, cases and media reports. You'll see that this presentation includes the Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014, ‘Mandatory minimum sentences are a legal and judicial muddle’ (SMH, 2014), Lessons from the Kieran Loveridge Sentence (SMH, 2014), the Crimes (Sentencing Procedure) Amendment (Standard Non-parole Periods) Act 2013 and much more. To order, download the order form from our facebook page or contact us at info@hsclegalstudies.com.
This is the entire Young Offenders topic from HSC Legal Studies. It's a tiny sample of 'The Crime App' (but without the explanations and videos included in the App). Copy the links and find out more. 'Like' us on facebook and you'll get all the latest media articles, cases and laws showing up on your newsfeed. Then you can stop your teacher from telling you that you should be "keeping up with the news" to improve your marks...
By the way - I've made it so that this file can be downloaded and printed it out. Enjoy.
The document provides an overview of the criminal trial process in New South Wales, Australia. It discusses the different courts' jurisdictions and the types of cases they hear. For example, it states that the Local Court hears summary offenses and conducts committal hearings, while the Supreme Court hears the most serious crimes. It also outlines key aspects of the criminal trial process like pleas and charge negotiation, the use of evidence, and the roles of legal personnel and juries. Overall, the document serves as a reference guide to the New South Wales criminal justice system.
Judges have considerable freedom in determining appropriate sentences for convicted criminals. They must consider precedents, circumstances of the offense and offender, and the goals of sentencing such as deterrence, rehabilitation, and retribution. More recently, there has been a focus on diversion programs as alternatives to imprisonment to reduce costs and prevent further criminal socialization. Conditional sentences allow offenders to serve time in the community under supervision for crimes with sentences under two years.
1. This document discusses sentencing and punishment in New South Wales, including statutory guidelines, judicial discretion, types of penalties like fines and imprisonment, and considerations in sentencing like aggravating/mitigating factors.
2. It also covers alternatives to prison such as bonds, community service, and circle sentencing for Aboriginal offenders. Post-sentencing issues are examined including security classification and parole eligibility.
3. Purposes of punishment like deterrence, retribution, and rehabilitation are outlined, as well as the role of victims in sentencing through victim impact statements. Appeals processes and other alternative methods to traditional sentencing are also summarized.
Offenders sentenced to imprisonment in New South Wales must undergo security classification to determine the appropriate prison based on the seriousness of their crime and past behavior. Those at risk of attack may be placed in protective custody. Parole eligibility is set at sentencing and requires proof of rehabilitation. Sex offenders must register with police and their information is tracked nationally. Non-citizens convicted of a crime can potentially be deported.
The document discusses various legal and non-legal responses to promoting world order. It covers the role of the UN and international law, describing treaties, the UNSC, and courts like the ICJ. It also discusses regional organizations like the EU and NATO, as well as the roles of NGOs, media, and powers like negotiation, persuasion, and force. The overall theme is the effectiveness of these approaches in maintaining international peace and security.
This is one of the 52 Powerpoints in the HSC Legal Studies Crime Package from HSC Apps. Every presentation also comes with a video version that can be shared with every student in the school (the video for this presentation can be found at http://youtu.be/vn7PN4o0Rh4). For more information about the packages (which also include the Human Rights, Consumers, Family and Shelter topics, as well as Prelim Legal and HSC Business Studies), just send us an email at info@hsclegalstudies.com and we'll get straight back to you.
This is the entire Young Offenders topic from HSC Legal Studies. It's a tiny sample of 'The Crime App' (but without the explanations and videos included in the App). Copy the links and find out more. 'Like' us on facebook and you'll get all the latest media articles, cases and laws showing up on your newsfeed. Then you can stop your teacher from telling you that you should be "keeping up with the news" to improve your marks...
By the way - I've made it so that this file can be downloaded and printed it out. Enjoy.
The document provides an overview of the criminal trial process in New South Wales, Australia. It discusses the different courts' jurisdictions and the types of cases they hear. For example, it states that the Local Court hears summary offenses and conducts committal hearings, while the Supreme Court hears the most serious crimes. It also outlines key aspects of the criminal trial process like pleas and charge negotiation, the use of evidence, and the roles of legal personnel and juries. Overall, the document serves as a reference guide to the New South Wales criminal justice system.
Judges have considerable freedom in determining appropriate sentences for convicted criminals. They must consider precedents, circumstances of the offense and offender, and the goals of sentencing such as deterrence, rehabilitation, and retribution. More recently, there has been a focus on diversion programs as alternatives to imprisonment to reduce costs and prevent further criminal socialization. Conditional sentences allow offenders to serve time in the community under supervision for crimes with sentences under two years.
1. This document discusses sentencing and punishment in New South Wales, including statutory guidelines, judicial discretion, types of penalties like fines and imprisonment, and considerations in sentencing like aggravating/mitigating factors.
2. It also covers alternatives to prison such as bonds, community service, and circle sentencing for Aboriginal offenders. Post-sentencing issues are examined including security classification and parole eligibility.
3. Purposes of punishment like deterrence, retribution, and rehabilitation are outlined, as well as the role of victims in sentencing through victim impact statements. Appeals processes and other alternative methods to traditional sentencing are also summarized.
Offenders sentenced to imprisonment in New South Wales must undergo security classification to determine the appropriate prison based on the seriousness of their crime and past behavior. Those at risk of attack may be placed in protective custody. Parole eligibility is set at sentencing and requires proof of rehabilitation. Sex offenders must register with police and their information is tracked nationally. Non-citizens convicted of a crime can potentially be deported.
The document discusses various legal and non-legal responses to promoting world order. It covers the role of the UN and international law, describing treaties, the UNSC, and courts like the ICJ. It also discusses regional organizations like the EU and NATO, as well as the roles of NGOs, media, and powers like negotiation, persuasion, and force. The overall theme is the effectiveness of these approaches in maintaining international peace and security.
This is one of the 52 Powerpoints in the HSC Legal Studies Crime Package from HSC Apps. Every presentation also comes with a video version that can be shared with every student in the school (the video for this presentation can be found at http://youtu.be/vn7PN4o0Rh4). For more information about the packages (which also include the Human Rights, Consumers, Family and Shelter topics, as well as Prelim Legal and HSC Business Studies), just send us an email at info@hsclegalstudies.com and we'll get straight back to you.
Once a person is found guilty of a criminal offense, the court must impose a sentence. Sentences can range from prison time to fines to unconditional discharges. Judges consider factors like the offense committed, the offender's background, and the aims of sentencing which include punishment, deterrence, rehabilitation, protection of the public, and reparations. Sentencing also depends on things like whether the offender has a criminal record or mental health issues. Different types of sentences include custodial sentences, community sentences, fines, and discharges. Special considerations are made for young or mentally ill offenders.
The document provides an overview of key concepts and issues in Australian family law. It discusses traditional and modern family structures, the role and influence of international law, and legal rights and responsibilities of parents and children. Key points of discussion include changing social values, compliance with the law, and using legal and non-legal approaches to achieve just outcomes for families.
The document discusses the meaning and development of world order over time. It defines world order as the legal, political and economic framework governing relationships between states. A new world order emerged following the Cold War characterized by increased globalization and interdependence. Key events and organizations that shaped world order include the Treaty of Westphalia, League of Nations, United Nations, and Gulf War. Access to resources is discussed as a potential source of future conflicts.
Responses to Problems in Family Relationships 2015Mr Shipp
This document discusses Australian family law, including legislation governing divorce, children, property, and domestic violence. It outlines the key features and reforms of the Family Law Act 1975, Family Law Reform Act 1995, and subsequent acts. These aimed to establish no-fault divorce, recognize international law, support shared parenting and parenting plans, and broaden definitions of domestic violence. The document also examines dispute resolution methods outside courts, such as mediation and family relationship centers, as well as the roles of non-government organizations and media.
This document discusses four key issues in Australian family law: 1) Same-sex relationships and marriage equality, noting that same-sex marriage is currently excluded but civil unions are recognized; 2) Changing parental responsibility which now emphasizes both parents rather than just mothers; 3) Surrogacy and birth technologies which raise legal questions around parental rights; and 4) Care and protection of children from domestic violence which several government acts have addressed but reports of violence continue to increase.
The document discusses young offenders in the criminal justice system. It outlines several key points:
1. It identifies common reasons why young people engage in criminal behavior such as poor parental supervision, drug/alcohol abuse, and negative peer influences.
2. Young people are treated differently than adults in order to protect their welfare and prevent exploitation, as well as protect others from unfair treatment due to their minor status.
3. The minimum age of criminal responsibility in NSW is 10 years old based on the presumption of doli incapax, though there are debates around possibly lowering this age. Alternative diversionary programs and a focus on rehabilitation over punishment are emphasized for young offenders.
This document discusses legal defences to criminal charges. It explains that defences allow the accused to argue they had reduced liability and did not have the necessary intent to be found guilty. Defences help achieve justice. Complete defences result in acquittal, while partial defences may reduce charges or sentences. Complete defences include insanity, involuntary behaviour, mistake, self-defence, duress, and consent. Partial defences are provocation and diminished responsibility. Several relevant cases are listed that demonstrate these defences.
Capital punishment has existed since ancient times. It was brought to America in 1608. Support reached a low in 1966 amidst changes to capital punishment laws and procedures in the 20th century. Proponents argue it deters crime, saves lives, and provides closure for families. However, others argue it is more costly than life imprisonment, risks executing innocent people, and fails to allow for rehabilitation. Both sides present compelling arguments on this complex issue.
Crime data can come from four main sources: police records, court records, victim reports, and offender reports. Each source has advantages and limitations in providing information about crime rates and characteristics. The document then reviews several key data collection systems, including the Uniform Crime Report (UCR), National Incident Based Reporting System (NIBRS), Offender-Based Transaction Statistics (OBTS), National Crime Victimization Survey (NCVS), Drug Use Forecasting (DUF), and National Youth Study (NYS). It discusses the methods, strengths, and limitations of each approach.
This document discusses international crime and efforts to address it. It defines key terms like state sovereignty, international crime, and transnational crime. International crimes can be divided into two categories: crimes against the international community like genocide and war crimes, and transnational crimes that cross borders like drug trafficking and terrorism. The document examines challenges in prosecuting international crimes and discusses domestic and international approaches. Domestically, countries sign agreements, ratify them in domestic law, and fund enforcement agencies. Internationally, ad hoc tribunals and the International Criminal Court have been established but face issues with effectiveness, bias perceptions, and political barriers to referrals.
The document discusses the history and justifications of criminal punishment including retribution, deterrence, incapacitation, and rehabilitation. It then covers sentencing alternatives and factors considered in sentencing such as felony vs misdemeanor crimes, presentence reports, and truth-in-sentencing laws. Finally, it briefly outlines probation, parole, the growth of the US prison population, and characteristics of those incarcerated.
Criminology is the interdisciplinary scientific study of crime causes, prevention, and rehabilitation. It examines the social, economic, psychological, and biological factors that may contribute to criminal behavior. Common explanations explored include media violence, poverty, abuse, and mental illness. While some deviant behaviors are not criminal, criminology aims to understand crime and reduce offenses through the criminal justice system, which must balance the rights of victims and defendants.
This document provides an overview of criminal law in India. It discusses key topics such as the definition of a crime, categories of crimes, elements of a crime including actus reus and mens rea, investigation and trial procedures outlined in the Code of Criminal Procedure, and special laws dealing with certain crimes. The three main sources of criminal law in India are identified as the Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act.
The document discusses the death penalty and its use in the Philippines. It begins by stating that the death penalty violates fundamental human rights and is a cruel punishment. It then lists the crimes that can receive the death penalty in the Philippines, including aggravated murder, terrorism, and drug trafficking. The document also discusses how the death penalty was abolished in the Philippines in 1987 under the constitution but later reinstated in 1993 to address rising crime rates, before being abolished again in 2006. It concludes by stating there is little evidence the death penalty deters crime more than life imprisonment.
The document discusses various approaches to statutory interpretation in English law, including:
- The literal rule, which focuses on the plain meaning of the words used. This can sometimes lead to absurd results.
- The golden rule, which gives effect to the clear words used but will not arrive at an absurd decision.
- The mischief rule, which looks at the purpose or "mischief" that the statute aimed to remedy by considering factors like the common law before the Act.
- The purposive approach, influenced by EU law, which interprets statutes in line with their overall purpose rather than a strictly literal meaning. Extrinsic evidence like Hansard may be considered under this approach.
The
Punishment is a penalty given for committing a crime or offense. There are several purposes of punishment including: deterrence, rehabilitation, retribution, incapacitation, and restitution. Deterrence aims to prevent future crimes through specific deterrence of the individual criminal and general deterrence of the wider public. Rehabilitation seeks to reform criminals and prevent recidivism through education and treatment programs. Retribution imposes suffering on the criminal proportional to their offense to achieve a sense of justice or vengeance. Incapacitation prevents future crimes by removing the criminal from society through incarceration or execution. Restitution financially compensates victims for harm caused by the crime.
The document provides an overview of several key issues relating to world order:
1. The Responsibility to Protect norm which challenges the concept of state sovereignty by holding states responsible for protecting human rights and allowing international intervention when they fail.
2. Regional and global security threats like nuclear weapons which some states still possess despite treaties aiming to reduce them.
3. Examples of both successful and unsuccessful achievements of world order through international courts and treaties, using cases like East Timor and Libya.
4. International Humanitarian Law and the Geneva Conventions which regulate conduct during war but have been breached at times, such as by the United States in the Iraq war.
Khadija Jones - Death Penalty Thesis PresentationChavez Schools
Khadija Jones is a senior graduating from Chavez Capitol Hill High School with a 3.1 G.P.A. She was awarded the “Outstanding Achievement” award from Legal Services Corporation and won the 3rd Place Speaker award in the Urban Debate League. Her volunteer and work experience include, New Orleans and Back, The Spirit of Black D.C. and a fellowship at the U.S. House of Representatives with Rep. Jared Polis. Miss Jones is interested in pursuing an undergraduate degree in history and a master’s degree in education. Khadija will be attending Coppin State College in the fall.
1. The document discusses various laws that treat children and young people differently, including defining their ages and recognizing their rights.
2. Key instruments that shape children's rights discussed are the Convention on the Rights of the Child (CROC) and domestic laws like the Family Law Act.
3. The document examines how the law has improved children's rights historically but also discusses ongoing challenges in fully implementing children's rights.
The document discusses Australian family law regarding children and property in the event of separation or divorce. It outlines that:
1. Australian family law since 1975 has focused on the best interests of the child, considering their welfare, wellbeing, and developmental needs. Amendments in 2006 and 2011 aimed to encourage shared parenting and protect children from harm.
2. Couples can develop parenting plans through mediation or have courts issue parenting orders outlining child custody and visitation. Consent orders can also be filed if couples agree but have animosity. Non-compliance can result in penalties.
3. Property ownership and division is also addressed, with courts making "just and equitable" distributions considering contributions and needs.
The document discusses sentencing and punishment in criminal justice. It outlines four philosophical reasons for sentencing - retribution, incapacitation, deterrence, and rehabilitation. It also contrasts determinate versus indeterminate sentencing and explains why the actual time served often differs from the sentence imposed. Key factors in sentencing decisions and recent reforms to address disparities are described. The bifurcated process for death penalty sentencing and main issues in the debate are summarized.
The document discusses crime and legislation in the UK. It provides information about key acts like the Crime and Disorder Act 1998, which created partnerships between agencies to reduce crime. It also discusses sentencing and orders that courts can issue to offenders, including community orders, financial penalties, and restorative justice. The purposes of sentencing are outlined as punishment, crime reduction, reform, protection of the public, and making reparations.
Once a person is found guilty of a criminal offense, the court must impose a sentence. Sentences can range from prison time to fines to unconditional discharges. Judges consider factors like the offense committed, the offender's background, and the aims of sentencing which include punishment, deterrence, rehabilitation, protection of the public, and reparations. Sentencing also depends on things like whether the offender has a criminal record or mental health issues. Different types of sentences include custodial sentences, community sentences, fines, and discharges. Special considerations are made for young or mentally ill offenders.
The document provides an overview of key concepts and issues in Australian family law. It discusses traditional and modern family structures, the role and influence of international law, and legal rights and responsibilities of parents and children. Key points of discussion include changing social values, compliance with the law, and using legal and non-legal approaches to achieve just outcomes for families.
The document discusses the meaning and development of world order over time. It defines world order as the legal, political and economic framework governing relationships between states. A new world order emerged following the Cold War characterized by increased globalization and interdependence. Key events and organizations that shaped world order include the Treaty of Westphalia, League of Nations, United Nations, and Gulf War. Access to resources is discussed as a potential source of future conflicts.
Responses to Problems in Family Relationships 2015Mr Shipp
This document discusses Australian family law, including legislation governing divorce, children, property, and domestic violence. It outlines the key features and reforms of the Family Law Act 1975, Family Law Reform Act 1995, and subsequent acts. These aimed to establish no-fault divorce, recognize international law, support shared parenting and parenting plans, and broaden definitions of domestic violence. The document also examines dispute resolution methods outside courts, such as mediation and family relationship centers, as well as the roles of non-government organizations and media.
This document discusses four key issues in Australian family law: 1) Same-sex relationships and marriage equality, noting that same-sex marriage is currently excluded but civil unions are recognized; 2) Changing parental responsibility which now emphasizes both parents rather than just mothers; 3) Surrogacy and birth technologies which raise legal questions around parental rights; and 4) Care and protection of children from domestic violence which several government acts have addressed but reports of violence continue to increase.
The document discusses young offenders in the criminal justice system. It outlines several key points:
1. It identifies common reasons why young people engage in criminal behavior such as poor parental supervision, drug/alcohol abuse, and negative peer influences.
2. Young people are treated differently than adults in order to protect their welfare and prevent exploitation, as well as protect others from unfair treatment due to their minor status.
3. The minimum age of criminal responsibility in NSW is 10 years old based on the presumption of doli incapax, though there are debates around possibly lowering this age. Alternative diversionary programs and a focus on rehabilitation over punishment are emphasized for young offenders.
This document discusses legal defences to criminal charges. It explains that defences allow the accused to argue they had reduced liability and did not have the necessary intent to be found guilty. Defences help achieve justice. Complete defences result in acquittal, while partial defences may reduce charges or sentences. Complete defences include insanity, involuntary behaviour, mistake, self-defence, duress, and consent. Partial defences are provocation and diminished responsibility. Several relevant cases are listed that demonstrate these defences.
Capital punishment has existed since ancient times. It was brought to America in 1608. Support reached a low in 1966 amidst changes to capital punishment laws and procedures in the 20th century. Proponents argue it deters crime, saves lives, and provides closure for families. However, others argue it is more costly than life imprisonment, risks executing innocent people, and fails to allow for rehabilitation. Both sides present compelling arguments on this complex issue.
Crime data can come from four main sources: police records, court records, victim reports, and offender reports. Each source has advantages and limitations in providing information about crime rates and characteristics. The document then reviews several key data collection systems, including the Uniform Crime Report (UCR), National Incident Based Reporting System (NIBRS), Offender-Based Transaction Statistics (OBTS), National Crime Victimization Survey (NCVS), Drug Use Forecasting (DUF), and National Youth Study (NYS). It discusses the methods, strengths, and limitations of each approach.
This document discusses international crime and efforts to address it. It defines key terms like state sovereignty, international crime, and transnational crime. International crimes can be divided into two categories: crimes against the international community like genocide and war crimes, and transnational crimes that cross borders like drug trafficking and terrorism. The document examines challenges in prosecuting international crimes and discusses domestic and international approaches. Domestically, countries sign agreements, ratify them in domestic law, and fund enforcement agencies. Internationally, ad hoc tribunals and the International Criminal Court have been established but face issues with effectiveness, bias perceptions, and political barriers to referrals.
The document discusses the history and justifications of criminal punishment including retribution, deterrence, incapacitation, and rehabilitation. It then covers sentencing alternatives and factors considered in sentencing such as felony vs misdemeanor crimes, presentence reports, and truth-in-sentencing laws. Finally, it briefly outlines probation, parole, the growth of the US prison population, and characteristics of those incarcerated.
Criminology is the interdisciplinary scientific study of crime causes, prevention, and rehabilitation. It examines the social, economic, psychological, and biological factors that may contribute to criminal behavior. Common explanations explored include media violence, poverty, abuse, and mental illness. While some deviant behaviors are not criminal, criminology aims to understand crime and reduce offenses through the criminal justice system, which must balance the rights of victims and defendants.
This document provides an overview of criminal law in India. It discusses key topics such as the definition of a crime, categories of crimes, elements of a crime including actus reus and mens rea, investigation and trial procedures outlined in the Code of Criminal Procedure, and special laws dealing with certain crimes. The three main sources of criminal law in India are identified as the Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act.
The document discusses the death penalty and its use in the Philippines. It begins by stating that the death penalty violates fundamental human rights and is a cruel punishment. It then lists the crimes that can receive the death penalty in the Philippines, including aggravated murder, terrorism, and drug trafficking. The document also discusses how the death penalty was abolished in the Philippines in 1987 under the constitution but later reinstated in 1993 to address rising crime rates, before being abolished again in 2006. It concludes by stating there is little evidence the death penalty deters crime more than life imprisonment.
The document discusses various approaches to statutory interpretation in English law, including:
- The literal rule, which focuses on the plain meaning of the words used. This can sometimes lead to absurd results.
- The golden rule, which gives effect to the clear words used but will not arrive at an absurd decision.
- The mischief rule, which looks at the purpose or "mischief" that the statute aimed to remedy by considering factors like the common law before the Act.
- The purposive approach, influenced by EU law, which interprets statutes in line with their overall purpose rather than a strictly literal meaning. Extrinsic evidence like Hansard may be considered under this approach.
The
Punishment is a penalty given for committing a crime or offense. There are several purposes of punishment including: deterrence, rehabilitation, retribution, incapacitation, and restitution. Deterrence aims to prevent future crimes through specific deterrence of the individual criminal and general deterrence of the wider public. Rehabilitation seeks to reform criminals and prevent recidivism through education and treatment programs. Retribution imposes suffering on the criminal proportional to their offense to achieve a sense of justice or vengeance. Incapacitation prevents future crimes by removing the criminal from society through incarceration or execution. Restitution financially compensates victims for harm caused by the crime.
The document provides an overview of several key issues relating to world order:
1. The Responsibility to Protect norm which challenges the concept of state sovereignty by holding states responsible for protecting human rights and allowing international intervention when they fail.
2. Regional and global security threats like nuclear weapons which some states still possess despite treaties aiming to reduce them.
3. Examples of both successful and unsuccessful achievements of world order through international courts and treaties, using cases like East Timor and Libya.
4. International Humanitarian Law and the Geneva Conventions which regulate conduct during war but have been breached at times, such as by the United States in the Iraq war.
Khadija Jones - Death Penalty Thesis PresentationChavez Schools
Khadija Jones is a senior graduating from Chavez Capitol Hill High School with a 3.1 G.P.A. She was awarded the “Outstanding Achievement” award from Legal Services Corporation and won the 3rd Place Speaker award in the Urban Debate League. Her volunteer and work experience include, New Orleans and Back, The Spirit of Black D.C. and a fellowship at the U.S. House of Representatives with Rep. Jared Polis. Miss Jones is interested in pursuing an undergraduate degree in history and a master’s degree in education. Khadija will be attending Coppin State College in the fall.
1. The document discusses various laws that treat children and young people differently, including defining their ages and recognizing their rights.
2. Key instruments that shape children's rights discussed are the Convention on the Rights of the Child (CROC) and domestic laws like the Family Law Act.
3. The document examines how the law has improved children's rights historically but also discusses ongoing challenges in fully implementing children's rights.
The document discusses Australian family law regarding children and property in the event of separation or divorce. It outlines that:
1. Australian family law since 1975 has focused on the best interests of the child, considering their welfare, wellbeing, and developmental needs. Amendments in 2006 and 2011 aimed to encourage shared parenting and protect children from harm.
2. Couples can develop parenting plans through mediation or have courts issue parenting orders outlining child custody and visitation. Consent orders can also be filed if couples agree but have animosity. Non-compliance can result in penalties.
3. Property ownership and division is also addressed, with courts making "just and equitable" distributions considering contributions and needs.
The document discusses sentencing and punishment in criminal justice. It outlines four philosophical reasons for sentencing - retribution, incapacitation, deterrence, and rehabilitation. It also contrasts determinate versus indeterminate sentencing and explains why the actual time served often differs from the sentence imposed. Key factors in sentencing decisions and recent reforms to address disparities are described. The bifurcated process for death penalty sentencing and main issues in the debate are summarized.
The document discusses crime and legislation in the UK. It provides information about key acts like the Crime and Disorder Act 1998, which created partnerships between agencies to reduce crime. It also discusses sentencing and orders that courts can issue to offenders, including community orders, financial penalties, and restorative justice. The purposes of sentencing are outlined as punishment, crime reduction, reform, protection of the public, and making reparations.
This document discusses the goals of punishment and sentencing. It outlines several goals of punishment, including general deterrence, incapacitation, specific deterrence, retribution, rehabilitation, equity/restitution, and restoration. It then discusses different sentencing models like determinate vs indeterminate sentencing and factors that affect sentencing decisions. It finishes with an overview of capital punishment, including current execution numbers, DNA evidence challenges, and arguments for and against the death penalty.
This document discusses various topics related to criminal sentencing, including the main goals of sentencing (retribution, deterrence, incapacitation, rehabilitation), different sentencing models (determinate vs. indeterminate sentences), appropriate models for different crimes, constitutional protections for defendants, the death penalty debate, and the role of victims. It provides details on sentencing guidelines, capital punishment statutes and Supreme Court rulings, arguments for and against the death penalty from a Christian perspective, and considerations regarding fairness and victims' rights in sentencing.
This document provides an overview of the Australian legal system for a Year 10 Commerce class. It discusses several key points:
1. It explains the need for laws in society to provide protection, freedom, and to resolve disputes. The main roles of laws are to protect citizens, allow certain freedoms, and settle disagreements.
2. It outlines the structure of the Australian legal system, including the institutions of parliaments, courts, and prisons. It also discusses the professionals involved like judges, lawyers, and police officers.
3. It examines different types of laws including public law, private law, and family law. It also explores how laws are made through statutes and common law, and how they can
This document provides an overview of the objectives and content covered in a Criminal Law course. It begins by outlining the study skills and legal abilities students will develop, such as effective reading, note-taking, and legal reasoning. Major topics covered include substantive criminal law, offenses and defenses. The document explains why a proper legal analysis is important given the consequences of a criminal conviction. It also distinguishes between civil and criminal law and their different burdens of proof. The methodology of identifying the actus reus and mens rea of offenses is demonstrated using the example of theft. Finally, the document provides tips for how to effectively study and approach analyzing criminal law.
The document discusses the problem of prison overcrowding in the United States and proposes abolishing mandatory minimum sentencing as a solution. It notes that prisons are overcapacity, overcrowding increases inmate stress and violence, and mandatory minimums contribute to excessive sentencing and costs. Abolishing mandatory minimums would give judges discretion over sentencing to consider individual circumstances instead of mandatory minimum punishments. This could help reduce overcrowding, costs, and racial disparities in the criminal justice system.
The document provides an overview of Indian law, including:
1) It discusses the nature, sources, classification and functions of law in India. Key points include that law affects most aspects of life and aims to maintain order and deliver justice.
2) It outlines the key features and provisions of the Code of Civil Procedure (CPC) and Code of Criminal Procedure (CrPC) which establish the processes for civil and criminal disputes respectively.
3) It discusses the roles and powers of different courts and tribunals in India, as well as the investigation process and types of sentences that can be passed under the CrPC.
To what extent is it possible to make the punishment fit the crime?honchau
The document discusses whether it is possible to make the punishment fit the crime. It notes that ancient lawmaker Hammurabi established one of the earliest legal codes based on the principle of "an eye for an eye." However, this code lacked provisions for circumstances and flexibility in punishment. The document argues that while rigid penal codes limit fitting punishment, discretionary systems allow judges to apply the law sensibly. It also discusses the purposes of punishment in deterring crime and reforming criminals, as well as the ongoing evolution of legal systems over centuries to refine fitting appropriate consequences to offenses. However, it acknowledges corruption and imperfections still exist, but with experienced judges and opportunities for appeal, society can generally ensure the punishment fits the crime.
Ehsan Kabir Solicitor is telling the Laws usually reflect societies values. Ehsan Kabir has past experience in dealing with civil litigation and advising on complex matters.
The document provides an overview of key concepts related to the Australian legal system and government. It defines important legal terms, explains the hierarchy of courts and distinction between different types of laws. It also discusses why laws are needed in society and how the legal system aims to be just, enforceable and acceptable to communities. The legal system is connected to the federal, state and local governments who are responsible for making and reforming laws in Australia's democratic system.
This is a powerpoint that contains basic information on Lay Magistrates, and it informs you on how you can become a magistrate for your local magistrates court. It also has a link at the end of the powerpoint so you can apply to be a magistrate.
This document discusses sentencing options for the case of State v. Stu Dents, in which the defendant was found guilty of homicide, assaulting a police officer, kidnapping, and drug-related crimes. The prosecution will argue for maximum sentences including the death penalty. However, the defense argues that death is too harsh and life imprisonment is more appropriate. The document also discusses plea bargains, intermediate sanctions, and how the Eighth Amendment prohibits cruel and unusual punishment.
This document provides an overview of the Foundation Law course for the 2013/14 academic year at UEA. It outlines the structure and content of the course, including weekly lectures, seminars, assignments and assessments.
The course is divided into two terms. Term 1 covers the English legal system, criminal law, legal research and the legal profession. Term 2 covers the law of torts, contract law, equity and land law. Assessments include a final exam, summative assignment and oral assessment. Students have access to learning materials and resources through the Foundation Law Moodle page. The document concludes with some basic classroom rules.
The document discusses various types of adult sentencing in the UK criminal justice system, including custodial sentences, community orders, fines, and discharges. It outlines factors that may be considered aggravating or mitigating at sentencing, such as previous convictions, expression of remorse, and vulnerability. Sentencing depends on the seriousness of the offense and the offender's circumstances and risk level. Community orders have various requirements like unpaid work, supervision, or curfews. Fines amounts consider the seriousness of the offense and the offender's ability to pay.
American Fork Criminal Defense Attorney / American Fork Criminal Defense Lawyer/ Ogden Criminal Defense Attorney/ Ogden Criminal Defense Lawyer/ Salt Lake City Criminal Defense Attorney / Salt Lake City Criminal Defense Lawyer
The document provides an overview and review of key concepts related to the 8th Amendment. It discusses the rights protected by the 8th Amendment regarding bail, fines, and punishment. It summarizes important Supreme Court cases related to bail, asset forfeiture, and what constitutes cruel and unusual punishment. The document also examines whether the death penalty violates the 8th Amendment's prohibition against cruel and unusual punishment. Finally, it reviews how the 8th Amendment applies to corrections and prisoner treatment.
ETHICS02 - Introduction to the Law for Computing Students.Michael Heron
This document provides an introduction to computer law and ethics in the UK legal system. It discusses why laws exist, the different types of laws, and how laws are formed and interpreted. Key points include:
- Laws exist to establish rules of acceptable behavior when moral codes disagree and to arbitrate disputes. They provide guidance, protection, and a sense of fairness.
- UK law includes statute law passed by Parliament and case law from legal precedents. European law also influences UK law.
- Criminal law deals with crimes against society while civil law resolves contractual disputes. Courts include magistrates, crown, high courts and appeals courts.
- New laws are introduced via government or private members' bills and must
This document examines the link between criminal penalties and prejudice in judicial decisions. The authors develop an economic model where individuals choose whether to commit crimes based on private benefits, and a jury decides convictions based on evidence and priors about defendants. They find that if convicted offenders face incarceration, poorer defendants face stronger priors of guilt and are convicted with less evidence. However, penalties like fines can eliminate this bias. The authors also discuss how prejudice against subgroups can become self-fulfilling through its effects on income and crime participation. Overall, the model shows how penalty structures and prejudice can interact to produce biased outcomes in the criminal justice system.
Similar to Statutory and Judicial Guidelines - Free Band 6 Resource (20)
Level 3 NCEA - NZ: A Nation In the Making 1872 - 1900 SML.pptHenry Hollis
The History of NZ 1870-1900.
Making of a Nation.
From the NZ Wars to Liberals,
Richard Seddon, George Grey,
Social Laboratory, New Zealand,
Confiscations, Kotahitanga, Kingitanga, Parliament, Suffrage, Repudiation, Economic Change, Agriculture, Gold Mining, Timber, Flax, Sheep, Dairying,
This presentation was provided by Racquel Jemison, Ph.D., Christina MacLaughlin, Ph.D., and Paulomi Majumder. Ph.D., all of the American Chemical Society, for the second session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session Two: 'Expanding Pathways to Publishing Careers,' was held June 13, 2024.
LAND USE LAND COVER AND NDVI OF MIRZAPUR DISTRICT, UPRAHUL
This Dissertation explores the particular circumstances of Mirzapur, a region located in the
core of India. Mirzapur, with its varied terrains and abundant biodiversity, offers an optimal
environment for investigating the changes in vegetation cover dynamics. Our study utilizes
advanced technologies such as GIS (Geographic Information Systems) and Remote sensing to
analyze the transformations that have taken place over the course of a decade.
The complex relationship between human activities and the environment has been the focus
of extensive research and worry. As the global community grapples with swift urbanization,
population expansion, and economic progress, the effects on natural ecosystems are becoming
more evident. A crucial element of this impact is the alteration of vegetation cover, which plays a
significant role in maintaining the ecological equilibrium of our planet.Land serves as the foundation for all human activities and provides the necessary materials for
these activities. As the most crucial natural resource, its utilization by humans results in different
'Land uses,' which are determined by both human activities and the physical characteristics of the
land.
The utilization of land is impacted by human needs and environmental factors. In countries
like India, rapid population growth and the emphasis on extensive resource exploitation can lead
to significant land degradation, adversely affecting the region's land cover.
Therefore, human intervention has significantly influenced land use patterns over many
centuries, evolving its structure over time and space. In the present era, these changes have
accelerated due to factors such as agriculture and urbanization. Information regarding land use and
cover is essential for various planning and management tasks related to the Earth's surface,
providing crucial environmental data for scientific, resource management, policy purposes, and
diverse human activities.
Accurate understanding of land use and cover is imperative for the development planning
of any area. Consequently, a wide range of professionals, including earth system scientists, land
and water managers, and urban planners, are interested in obtaining data on land use and cover
changes, conversion trends, and other related patterns. The spatial dimensions of land use and
cover support policymakers and scientists in making well-informed decisions, as alterations in
these patterns indicate shifts in economic and social conditions. Monitoring such changes with the
help of Advanced technologies like Remote Sensing and Geographic Information Systems is
crucial for coordinated efforts across different administrative levels. Advanced technologies like
Remote Sensing and Geographic Information Systems
9
Changes in vegetation cover refer to variations in the distribution, composition, and overall
structure of plant communities across different temporal and spatial scales. These changes can
occur natural.
ISO/IEC 27001, ISO/IEC 42001, and GDPR: Best Practices for Implementation and...PECB
Denis is a dynamic and results-driven Chief Information Officer (CIO) with a distinguished career spanning information systems analysis and technical project management. With a proven track record of spearheading the design and delivery of cutting-edge Information Management solutions, he has consistently elevated business operations, streamlined reporting functions, and maximized process efficiency.
Certified as an ISO/IEC 27001: Information Security Management Systems (ISMS) Lead Implementer, Data Protection Officer, and Cyber Risks Analyst, Denis brings a heightened focus on data security, privacy, and cyber resilience to every endeavor.
His expertise extends across a diverse spectrum of reporting, database, and web development applications, underpinned by an exceptional grasp of data storage and virtualization technologies. His proficiency in application testing, database administration, and data cleansing ensures seamless execution of complex projects.
What sets Denis apart is his comprehensive understanding of Business and Systems Analysis technologies, honed through involvement in all phases of the Software Development Lifecycle (SDLC). From meticulous requirements gathering to precise analysis, innovative design, rigorous development, thorough testing, and successful implementation, he has consistently delivered exceptional results.
Throughout his career, he has taken on multifaceted roles, from leading technical project management teams to owning solutions that drive operational excellence. His conscientious and proactive approach is unwavering, whether he is working independently or collaboratively within a team. His ability to connect with colleagues on a personal level underscores his commitment to fostering a harmonious and productive workplace environment.
Date: May 29, 2024
Tags: Information Security, ISO/IEC 27001, ISO/IEC 42001, Artificial Intelligence, GDPR
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This document provides an overview of wound healing, its functions, stages, mechanisms, factors affecting it, and complications.
A wound is a break in the integrity of the skin or tissues, which may be associated with disruption of the structure and function.
Healing is the body’s response to injury in an attempt to restore normal structure and functions.
Healing can occur in two ways: Regeneration and Repair
There are 4 phases of wound healing: hemostasis, inflammation, proliferation, and remodeling. This document also describes the mechanism of wound healing. Factors that affect healing include infection, uncontrolled diabetes, poor nutrition, age, anemia, the presence of foreign bodies, etc.
Complications of wound healing like infection, hyperpigmentation of scar, contractures, and keloid formation.
How to Setup Warehouse & Location in Odoo 17 InventoryCeline George
In this slide, we'll explore how to set up warehouses and locations in Odoo 17 Inventory. This will help us manage our stock effectively, track inventory levels, and streamline warehouse operations.
Temple of Asclepius in Thrace. Excavation resultsKrassimira Luka
The temple and the sanctuary around were dedicated to Asklepios Zmidrenus. This name has been known since 1875 when an inscription dedicated to him was discovered in Rome. The inscription is dated in 227 AD and was left by soldiers originating from the city of Philippopolis (modern Plovdiv).
The chapter Lifelines of National Economy in Class 10 Geography focuses on the various modes of transportation and communication that play a vital role in the economic development of a country. These lifelines are crucial for the movement of goods, services, and people, thereby connecting different regions and promoting economic activities.
2. Think of how hard it would be to be a judge and decide on a punishment for
someone…
How would you decide the punishments for these three armed robbery cases:
Less Serious Armed Robbery “Average” Armed Robbery More Serious Armed Robbery
Offender just turned 18, with
Offender is 22, with little
Offender is 40 with long
no criminal history
criminal history
criminal history
Weapon was a stick Weapon was a knife Weapon was a shotgun
Impulsive (he “just did it”
Some planning (the night
Weeks of planning and
without any planning)
before)
organising
Threatened violence, but
didn’t actually hurt anyone
Pushed someone over Shot someone
Victim was an armed guard Victim was a shopkeeper Victims included elderly
women
Only $10 taken $150 taken $5,000 taken
Decided to plead guilty (even
Decided to plead guilty
though there wasn’t much
because the prosecution had a
chance the prosecution could
very strong case.
have proved their case against
him).
Decided to plead not guilty,
leading to a long and
expensive trial.
3. The judge
STATUTORY AND
JUDICIAL GUIDELINES
can’t just pick ANY punishment.
There are GUIDELINES.
These guidelines come from
two different places:
1. Parliament (Statutory)
2. Previous cases (Judicial)
4. STATUTORY AND
JUDICIAL GUIDELINES
The really OLD way of choosing a sentence…
Judges used to hand down MASSIVE prison sentences that seemed
tough (e.g. 25 years), but then the offender would only serve 4 or 5
years.
This caused public and media outrage.
5. STATUTORY AND
JUDICIAL GUIDELINES
And THEN we had…
The NSW parliament passed the Sentencing Act 1989 (NSW) which
required people sentenced with imprisonment to serve a minimum
percentage (75%) of their sentence without getting parole. This was
called ‘truth in sentencing’.
6. STATUTORY AND
JUDICIAL GUIDELINES
And NOW we’ve got…
The Crimes (Sentencing Procedure) Act 1999 (NSW), which was
amended in 2003 to give us a very different, complicated system.
NSW Attorney-General Bob Debus
2nd Reading Speech for the
WHY???
Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Bill 2003 (NSW)
7. STATUTORY AND
JUDICIAL GUIDELINES
And NOW we’ve got…
The Crimes (Sentencing Procedure) Act 1999 (NSW), which was
amended in 2003 to give us a very different, complicated system.
1. MAXIMUM sentences for ALL crimes
STATUTORY guidelines
1. STANDARD Non-Parole Periods for SOME crimes
STATUTORY guidelines
1. GUIDELINE judgements for SOME crimes
JUDICIAL guidelines
1. MANDATORY life sentences for SOME crimes
STATUTORY guidelines
8. STATUTORY AND
JUDICIAL GUIDELINES
1. MAXIMUM sentences for ALL crimes
All crimes have a maximum
punishment.
Most of the crimes and their
maximum sentences are in the Crimes
Act 1900 (NSW)
Armed Robbery
maximum
= 25 years
9. STATUTORY AND
JUDICIAL GUIDELINES
But a judge isn’t just going to give the
MAXIMUM sentence ALL the time!
Every case is going to be different.
Some will be more serious.
Some will be less serious.
10. FACTORS AFFECTING
A SENTENCING
DECISION
-Aggravating circumstances
-Mitigating circumstances
F A C T O R S F A C T O R S
Looks at the actual CRIME/OFFENCE
Can make the punishment more
severe
e.g. The offence involved violence, the victim was
a police officer (or teacher…) who was doing their
job, etc
Looks more at the OFFENDER
Can make the punishment less
severe
e.g. The person is unlikely to re-offend, the
person is of good character, the person has
shown that he has taken responsibility for his
actions, etc
11. FACTORS AFFECTING
A SENTENCING
DECISION
-Aggravating circumstances
-Mitigating circumstances
DISCUSS factors that
affect sentencing
decisions, including the
purposes of punishment
and the role of the victim
FACTORS AFFECTING
A SENTENCING
DECISION
-Aggravating circumstances
-Mitigating circumstances
Discuss the issues
involved with having
aggravating and
mitigating factors
The NSW Law Reform Commission Report
139 – Sentencing looked into the problems
with having a big list of aggravating and
mitigating factors.
They found that s.21A (where the aggravating
and mitigating factors are listed) was
confusing a lot of judges.
There were:
1. Too many factors to consider; and
2. Most were completely irrelevant
12. FACTORS AFFECTING
A SENTENCING
DECISION
-Aggravating circumstances
-Mitigating circumstances
DISCUSS factors that
affect sentencing
decisions, including the
purposes of punishment
and the role of the victim
FACTORS AFFECTING
A SENTENCING
DECISION
-Aggravating circumstances
-Mitigating circumstances
Discuss the issues
involved with having
aggravating and
mitigating factors
Also, some crimes (like sexual
offences under the Crimes
Amendment (Serious Sexual
Offences) Act 2008) have NO
POSSIBLE MITIGATING FACTORS - it
doesn't matter if it's your first
offence, or you’re usually a good
person you're getting the
STANDARD NPP AS A MINIMUM!
13. STATUTORY AND
JUDICIAL GUIDELINES
2. STANDARD Non-Parole Periods for SOME crimes
There are TWO SEPARATE LAWS that the judge has to follow.
The Crimes Act tells the judge the MAXIMUM punishment.
e.g. 25 years max for Armed Robbery
e.g. 7 years SNPP for Armed Robbery
The Crimes (Sentencing Procedure) Act
tells the judge the ‘STANDARD Non-
Parole Period’. This is what parliament
says SHOULD be the “standard”
minimum punishment.
14. STATUTORY AND
JUDICIAL GUIDELINES
2. STANDARD Non-Parole Periods for SOME crimes
From the
Crimes Act
From the
C(SP) Act
But this isn’t for every crime! Just SOME!!!
From the
Crimes Act
From the
C(SP) Act
15. STATUTORY AND
JUDICIAL GUIDELINES
2. STANDARD Non-Parole Periods for SOME crimes
But do judges HAVE TO give these
‘standard’ non-parole periods?
NO!
Judges always thought they had to START from the SNPP
and then go up and down from there (based on the
aggravating factors and mitigating factors).
But the High Court decided in 2011 that
the SNPP for a crime is just a
‘guidepost’ or ‘marker’
(Muldrock (2011)).
So, the SNPP for a crime just gives the judge SOME DIRECTION
16. STATUTORY AND
JUDICIAL GUIDELINES
2. STANDARD Non-Parole Periods for SOME crimes
35 crimes with SNPPs
(set by statute law)
17. STATUTORY AND
JUDICIAL GUIDELINES
3. GUIDELINE judgements for SOME crimes
Not all judges think the same way.
They are humans, with their own ideas of what is important.
What’s the most important in choosing a partner? Sense of humour? Intelligence? Body?
Different people give different weight to different aspects.
18. STATUTORY AND
JUDICIAL GUIDELINES
3. GUIDELINE judgements for SOME crimes
To normal people, a judge’s
REASONS for deciding to give
someone 5 years in jail will look
like this (x 20 pages)
But other judges see it like this:
19. STATUTORY AND
JUDICIAL GUIDELINES
3. GUIDELINE judgements for SOME crimes
So, for 3 Armed Robbery cases, 3 different judges will come up with 3
different decisions with 3 different personal “systems” deciding what is
(and isn’t) important in working out a punishment.
Sentence: 5 years Sentence: 3 years Sentence: 8 years
20. STATUTORY AND
JUDICIAL GUIDELINES
3. GUIDELINE judgements for SOME crimes
But WE DON’T REALLY WANT THIS.
We want CONSISTENCY in our legal system (judges should be roughly
thinking the same way; giving the same amount of weight to the same
issues). We want the process to be PREDICTABLE.
Sentence: 5 years Sentence: 3 years Sentence: 8 years
22. STATUTORY AND
JUDICIAL GUIDELINES
3. GUIDELINE judgements for SOME crimes
The NSW Sentencing Council looks at
the way different sentencing
decisions have been made by judges.
They focus on the REASONING of the
judge in deciding on a specific
sentence.
They decide for some cases, on ONE
JUDGEMENT as being “the
CORRECT way to work out
the sentence in (this type
of) case”
23. STATUTORY AND
JUDICIAL GUIDELINES
3. GUIDELINE judgements for SOME crimes
e.g. The NSW Sentencing Council has
decided that the case R v Henry
(1999) was an excellent example of
how a judge SHOULD decide on the
punishment for someone in an
Armed Robbery case.
So NOW, every judge in an Armed
Robbery case MUST follow what the
judge did in R v Henry (or at least
provide good reasons why he/she
didn’t!).
24. STATUTORY AND
JUDICIAL GUIDELINES
3. GUIDELINE judgements for SOME crimes
So, R v Henry is now a
guideline judgement.
“best example” judgement
“should be followed” judgement
25. STATUTORY AND
JUDICIAL GUIDELINES
4. MANDATORY life sentences for SOME crimes
The NSW government passed the
Crimes Amendment (Murder of Police
Officers) Act 2011.
This means that if a person is found
guilty (by a jury) of murdering a police
officer, the judge has NO DISCRETION in
sentencing the defendant – the judge
must hand down a mandatory LIFE
SENTENCE.
26. STATUTORY AND
JUDICIAL GUIDELINES
4. MANDATORY life sentences for SOME crimes
This was popular, but it created serious justice issues:
1. ‘Is a policeman’s life worth more?’, SMH (2011)
2. Parliaments are not legally allowed to take over the
role of the courts (e.g. by setting an exact sentence,
rather than a range). Get-tough laws erode functions
of justice, SMH, 2011
And in Queensland, they brought in mandatory life sentences for
repeated child sex offenders, which they deserve, but might give the
paedophile an incentive to kill their victim (to prevent being caught and
sent to prison for life).
Queensland child-sex law 'may lead to murder’, The Australian (2012)
27. STATUTORY AND
JUDICIAL GUIDELINES
4. MANDATORY life sentences for SOME crimes
A lot of people argued that this would lead to more mandatory sentences in the future.
They were right.
After the death of Thomas Kelly, and the inadequate sentence given for his killing (R v Loveridge (2013), 4
years non-parole, increased to 7 on appeal), the NSW government passed the Crimes and Other Legislation
Amendment (Assault and Intoxication) Act 2014 to force a mandatory minimum sentence for assaults
causing death while the defendant is intoxicated.
There were supposed to be 9 more offences with mandatory minimums, but the government brought it back
to 6, then the Premier got busted for that wine, so it kind of got lost there in the whole transition (the Bill
was called the Crimes Amendment (Intoxication) Bill 2014, though some version might have passed
whenever you’re reading this).
But it’ll make a comeback any day now, keep checking the facebook page…
Anyway, there are SO many reasons why mandatory sentences are ridiculous, ESPECIALLY those given to
people who are heavily intoxicated and wouldn’t be thinking about the s25B(1) of the Crimes Act at the
time. The government just gave in to public pressure and made permanent changes without even waiting for
the Loveridge appeal. And the law was announced, written and passed in a week because they specifically
wanted the law to apply that weekend. And now we’re stuck with it.
28. STATUTORY AND
JUDICIAL GUIDELINES
4. MANDATORY life sentences for SOME crimes
Success Tip 1 (out of 1): quote Nicholas Cowdery.
Nick Cowdery used to be the DPP in NSW and now he’s a regular commentator for the SMH and
the Legal Studies Association, so all the markers know who he is.
He’s particularly passionate about how shit the idea of mandatory sentencing is, so he’s done
lots of speeches and written lots of articles about it.
So, if you’d like an incredibly in-depth look at mandatory sentencing, and you want to impress
the markers, just find any (or all) of these articles (or just quote the names and say you read
them…):
‘Mandatory Sentencing’, Sydney Law School Distinguished Speakers Program (2014)
Lessons from the Kieran Loveridge Sentence (SMH, 2014)
There’s also an article you can quote from Richard Ackland called ‘Mandatory minimum
sentences are a legal and judicial muddle’ (SMH, 2014).
29. STATUTORY AND
JUDICIAL GUIDELINES
So, our sentencing system is now:
ALL crimes have a maximum punishment (set by statute law)
There are 35 crimes with SNPPs (set by statute law)
There are 22 possible aggravating factors
and 13 possible mitigating factors
that have to be looked at
There are 7 cases (from common law)
that are used as ‘guideline’ judgements
There are some crimes with a mandatory sentence (set by statute
law) (life imprisonment for murdering a police officer + 8 years for
assault causing death while intoxicated)
+
30. SEEM
STUPID
TO
YOU?
Judges
agree!
“You’re almost inviting judges to run the court
like a checklist, ‘Oh, he’s got one, two, three,
four aggravating factors there – he’s only got
three mitigating ones’”
Justice Conlon
‘Putting the Truth into Sentencing’, SMH, 2010
“The gradual increase in ‘law and order’
measures have forced judges to impose higher
sentences for some crimes”
‘Putting the Truth into Sentencing’, SMH, 2010
The legislation setting standard non-parole
periods should be overturned
Justice Reg Blanch
‘Putting the Truth into Sentencing’, SMH, 2010
STATUTORY AND
JUDICIAL GUIDELINES
31. STATUTORY AND
JUDICIAL GUIDELINES
The IMPACT of the SNPP sentencing scheme
on sentencing patterns in NSW
Judicial Commission of NSW, 2010
What effect has this new sentencing system (since 2003) had on
sentencing in NSW?
Did it REALLY make sentencing more consistent?
Or did it just INCREASE penalties?
32. STATUTORY AND
JUDICIAL GUIDELINES
4. SENTENCING AND PUNISHMENT
EVALUATE the effectiveness of sentencing and punishment as a means of achieving justice
STATUTORY AND
JUDICIAL GUIDELINES
Is the system of having SNPPs and guideline judgements for
certain crimes (an increasing number of crimes – increasing each
time a terrible individual crime happens and is on the news) the
best way to achieve justice?
You should have a very good answer for this, because it is a
good tip for the exam.
33. STATUTORY AND
JUDICIAL GUIDELINES
Lucky the NSW Law
Reform Commission’s
wrote a 450-page
report on Sentencing
(Report 139)
34. The big guide to the NSW Law Reform Commission’s 450-page report on Sentencing (Report 139)
The Crimes (Sentencing Procedure) Act 1999 NSWLRC’s recommendations for a NEW Crimes (Sentencing) Act
There are 22 aggravating and 13 mitigating factors in s.21A (difficult to apply
properly; leads to lots of mistakes)
Just have 6 GENERAL factors that the court should look at (e.g. the nature,
circumstances and serious of the offence; the extent of the harm caused; the
offenders character, background and offending history; the extent of any
remorse shown; and the offender’s prospects of rehabilitation)
We have discounts for guilty pleas Keep the discounts and make sure the judge says exactly how much of a
discount was applied
We have a completely ridiculous process for deciding how long someone
should be imprisoned
Go back to the “top down” approach (set the TOTAL sentence first and THEN
decide on the non-parole period, which should be presumed to be 2/3 of the
total sentence – this is like the old ‘Truth in Sentencing’ law from 1989!).
We use standard non-parole periods (which has been controversial, because
they’ve been pretty inconsistent, especially as a % of the maximum sentence
available)
Keep the system of SNPPs, but add more offences (according to which offences
the community wants included)
Short sentences (six months or less) are a pain in the arse because they often
increase re-offending and don’t have any rehabilitative value.
… but we should keep them (???). However, the courts should try to use
community based options instead of imprisonment
A ‘life’ sentence means ‘FOR LIFE’ (no parole ever) We should ALLOW judges (but not require them) to set non-parole periods for
people who get life sentences (just in case they change dramatically). THIS
HAS ALREADY BEEN RULED OUT BY THE ATTORNEY-GENERAL.
‘Home Detention’ and ‘Intensive Correction Orders’ (the things that replaced
period/weekend detention) are underused.
Replace these with a NEW ‘Community Detention Order’ (like a mix between a
good behaviour bond, community service order, treatment/counselling and
possible home detention).
‘Suspended Sentences’ are shit. Replace these with a NEW ‘Community Detention Order’
People are sometimes struggling to pay fines and end up with more serious
penalties because of this
We should allow for ‘suspended fines’.
There are over 10,000 people in NSW prisons We should use imprisonment as a last resort
Aboriginal people are massively overrepresented in Australian prisons Courts should consider whether the person’s Aboriginality is something that
should be taken into account (Talkback radio hosts like Ray Hadley have
already lost their shit about this idea)
We have guideline judgements for a couple of offences The NSW Sentencing Council should be better funded so it can decide on more
guideline judgements
35. The big guide to the NSW Law Reform Commission’s 450-page report on Sentencing (Report 139)
The Crimes (Sentencing Procedure) Act 1999 NSWLRC’s recommendations for a NEW Crimes (Sentencing) Act
There are 22 aggravating and 13 mitigating factors in s.21A (difficult to apply
properly; leads to lots of mistakes)
Just have 6 GENERAL factors that the court should look at (e.g. the nature,
circumstances and serious of the offence; the extent of the harm caused; the
offenders character, background and offending history; the extent of any
remorse shown; and the offender’s prospects of rehabilitation)
We have discounts for guilty pleas Keep the discounts and make sure the judge says exactly how much of a
discount was applied
We have a completely ridiculous process for deciding how long someone
should be imprisoned
Go back to the “top down” approach (set the TOTAL sentence first and THEN
decide on the non-parole period, which should be presumed to be 2/3 of the
total sentence – this is like the old ‘Truth in Sentencing’ law from 1989!).
We use standard non-parole periods (which has been controversial, because
they’ve been pretty inconsistent, especially as a % of the maximum sentence
available)
Keep the system of SNPPs, but add more offences (according to which offences
the community wants included)
Short sentences (six months or less) are a pain in the arse because they often
increase re-offending and don’t have any rehabilitative value.
… but we should keep them (???). However, the courts should try to use
community based options instead of imprisonment
A ‘life’ sentence means ‘FOR LIFE’ (no parole ever) We should ALLOW judges (but not require them) to set non-parole periods for
people who get life sentences (just in case they change dramatically). THIS
HAS ALREADY BEEN RULED OUT BY THE ATTORNEY-GENERAL.
‘Home Detention’ and ‘Intensive Correction Orders’ (the things that replaced
period/weekend detention) are underused.
Replace these with a NEW ‘Community Detention Order’ (like a mix between a
good behaviour bond, community service order, treatment/counselling and
possible home detention).
‘Suspended Sentences’ are shit. Replace these with a NEW ‘Community Detention Order’
People are sometimes struggling to pay fines and end up with more serious
penalties because of this
We should allow for ‘suspended fines’.
There are over 10,000 people in NSW prisons We should use imprisonment as a last resort
Aboriginal people are massively overrepresented in Australian prisons Courts should consider whether the person’s Aboriginality is something that
should be taken into account (Talkback radio hosts like Ray Hadley have
already lost their shit about this idea)
We have guideline judgements for a couple of offences The NSW Sentencing Council should be better funded so it can decide on more
guideline judgements