...certain aspects that may impact legal sentencing, and they differ by authority; but many legal systems contain a set of suggestions for sentencing, including a least and highest possible punishment that may be added. Within that range, information of the legal offenses are often taken into consideration when figuring out what treatment might comprise sensible sentencing. Different people might suggest different punishments for the same legal offenses, and the same legal offenses carried out by different criminals might cause different punishments. Criminal sentencing is a summary practice, not a process that can be in the past motivated. First up, the type of legal offenses committed impacts legal sentencing. Almost always, more serious violations result in more serious punitive measures. Chaotic violations are often tried more severely than violations like control of medication or thievery, although there are some conditions (Cullen et.al 1997). Truth about how the legal offenses were dedicated might impact legal sentencing. Crimes that position little risk to people whether or not actual assault was involved are usually tried as severely as those where assault isn’t. It is worth noting that different idol judges might be harder than others, and different areas are more likely to discipline certain violations more severely. Current activities, nation-wide politics, and even the feelings of the judges can all be aspects that impact sentencing in a roundabout way. In some cases,...
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...crime. This retributive approach to crime is further explained in an article titled “What is Crime?” which found that “deterrence through criminal law varies according to the context, and critics suggest criminal law has failed to prevent people from committing certain crimes.” As a result, the nature of this paper is not to completely change the criminal justice system to a restorative justice system but to bring light to the biases and the issues a punitive approach to crime brings. Plus, implement the tools used in restorative approaches in sentencing, to make the criminal justice system more efficient. Furthermore, it’s important to recognize that not all crimes can fall under restorative such as heinous crimes like homicide and murder. Nonetheless, in circumstances of youth delinquents, first time offenders, summary offences and drug related offences should be approached through a restorative approach in sentencing, with the intention of...
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...War on Drugs and Prison Overcrowding Thomas K Anderson University of Memphis Prison overcrowding has been a social phenomenon that has led to a variety of reforms. One of the major causes for overcrowding in the prison systems today began back in the early 1970’s, when President Nixon declared War on Drugs. There were dramatic increases in the prison population in the 1980’s and 1990’s. These increases were projected due to trends of harsh punishments. Political leaders were influential in these trends as they created mandatory sentencing guidelines. Currently 50.1% of all offenders that are incarcerated in the Federal Prison System are due to drug offenses. That total accounts for 98,554 individuals, many of whom are serving time for a nonviolent offense or first time offenses. The second largest cause for overcrowding in the prison are immigration related crimes, which still only accounts for 10.6% or 20,862 of the individuals. In June of 1971, President Nixon declared a war on drugs, which did not go over too well because he and everyone else had differing views on how to handle the problems being created due to the increase of drug use. Because of the increasing of the prison population, a reform was created to offer treatment for drug abuse; of course this did not take place since it was a contradiction of current drug policies. Unfortunately, the end result of Nixon’s plan did not stop the problem of drugs, but only caused...
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...Juvenile Sentencing Alternatives to Incarceration David Schuster Oakland Community College Abstract There are many different ways to punish a juvenile for a crime that they have committed. The most common is incarceration, otherwise known as jail or prison. This option has many disadvantages. I will explore the different aspects of incarceration: how it affects the juveniles, and if, over all, it is an effective way to punish young criminals. I will then present several alternatives to incarceration, now being used, such as: community diversion, counseling, education, behavior management, probation, as well as other methods that not only punish the juvenile, but also provide an opportunity for rehabilitation. For this paper, when talking about incarceration and community alternatives as sentencing options, I intend for them to be applied to the not as serious juvenile crimes. Status offenses, minor in possession, breaking and entering, and minor burglary charges would fall into this category. However, I think for more serious, violent crimes there is less discretion as to punishment options, and therefore most community alternatives may not apply to them. Keywords: Incarceration, community alternatives, juvenile delinquents Juvenile Sentencing Alternatives to Incarceration Incarceration for juveniles in this country is largely based upon our criminal justice system for adults. As Jeffery Fagen (2010) states in his article, there are many similarities between...
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...Judicial Review | * Trial by jury * Legal representation is provided to assure equal protection under the law * Sentences are based upon guidelines | * Cases are tried before Magistrate and jurors * Tried under an indictment or summary conviction * The Crown bears the responsibility for proof beyond a reasonable doubt * Magistrates referees the proceedings | Civil Law | France | * Rely on written detailed codes of law * Judges have less power than those in Common Law * Judges only interpret the legal codes * Judges are expected to follow a series of decisions that agree on the interpretation of a code provision * Judges are restricted by the provisions of the written law | * All crimes are brought before the instructing judge prior to court hearings * The judge controls the coordination of the investigation including gathering facts, preparing it for trial and questioning witnesses * The judge rules on the case based upon the codified laws. | * Cases are brought by the public prosecutor’s office to the instructing judge prior to any court hearing * Instructing judge’s mission is to search for the “manifestation of truth” * Delits, that include theft are offences that are tried by three magistrates * Sentencing is determined by the Penal Code. | Theocratic Law | Saudi Arabia | * Religious law or a system of law heavily dependent on religious beliefs | * There are no jury trials * Courts observe few formalities mostly ignoring the...
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...Year 12 Legal Studies Notes Focus Study: Crime Key Legal Concepts and Features of the Legal System Crime - a violation of a law in which there is injury to the public or a member of the public and a term in jail or prison, and/or a fine as possible penalties Types of Crimes Offences against the person Offences against the person are defined as acts that intend to cause harm or injury to the victim Homicide Definition: is the unlawful killing of one person by another * Murder is the killing of one person by another “with malice aforethought”(mental component) * Manslaughter is the killing of someone in circumstances less culpable than murder. (generally given a lighter sentence than for murder) Degrees of awareness | Murder | Voluntary Manslaughter | Involuntary manslaughter | Non-criminal Killing | Intention to killReckless indifference of life Constructive murderDeath during intention to commit grievous bodily harm | Where the intention to kill or cause the act is mitigated by other factors, such as provocation or diminished responsibility | Non-reckless indifference to life or manslaughter by criminal negligenceReckless indifference to grievous bodily harmManslaughter by an unlawful and dangerous act | Death by non-criminal negligenceDeath by an unlawful act that is not dangerousAccidental deathSelf-defence | Stats: Murder: * In 2001 of the 340 homicides in Australia, 306 were murder * Maximum penalty is life imprisonment ...
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...Criminal law report REGINA V. SORRELL [2003] NSWSC 30 (7TH February 2003) 1.0 Introduction This report is about Michael Furlong who was shopping for an electronic part at a shop in Smithfield. As he left the store, Sorrell approached him and fatally stabbed Michael Furlong with a hunting knife. Sorrell was found to be not guilty of murder on the grounds that he was mentally ill when he committed the crime. Sorrell suffered from paranoid schizophrenia. 2.0 Procedures of the case This Act is the Crimes Act 1900. PARTIES INVOLVED: Regina v. Sorrell, Michael Peter At about 4pm on 3rd June 2002, Michael Furlong, the victim and his brother Glen went to R.S. Components, an electrical retailer, at Smithfield to purchase electrical components. The accused was then present. He left the store shortly after. The victim and his brother had left the store and went to another electrical store in Smithfield. They were followed by the accused. When they returned to their vehicle having entered the store, the accused approached them, and, after speaking to the victim, killed the victim with a knife and chased the victim’s brother. The following day at about 3:20am the accused was apprehended asleep in his vehicle with a large hunting knife present with him, presumably the knife with which the offence was committed. He was in possession of the victim’s wallet which enabled the police to link the accused to the offence. 3.0 Court Proceedings In the R...
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... many steps must be taken to begin prison reform and to begin living in a country in which the way we punish our criminals makes more sense and is more effective than how it is today. Everyone seems to know someone that is in prison these days, whether the person has committed a serious, violent crime, or just got caught up in the wrong place at the wrong time, they still end up in some sort of prison facility. In fact the U.S.’s rate of incarceration is 455 people per every 100,000 people (Smolowe, 1994). To put that in perspective, it is the highest rate of incarceration compared to any other country in the world. Even South Africa, our close second, only imprisons 311 people per ever 100,000 (Smolowe, 1994). Due to the harsh punishment of imprisonment for even the most minor of crimes, the United States has been facing a difficult issue of overcrowding in our prisons. Overcrowding in prisons is linked to several different causes, but the overall ignition of the overcrowding links specifically to the “War on Drugs” that began in the 1970’s (“What Causes Overcrowding,” 2011). Overcrowding in prisons has some very negative outcomes not only for the prisoners, but...
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...but looked older. Huddled around him were eight lawyers from his defense team. Outside, television-satellite trucks were parked up and down the block. "We are here this afternoon," Judge Simeon Lake began, "for sentencing in United States of America versus Jeffrey K. Skilling, Criminal No. H-04-25." He addressed the defendant directly: "Mr. Skilling, you may now make a statement and present any information in mitigation." Skilling stood up. Enron, the company he had built into an energy-trading leviathan, had collapsed into bankruptcy almost exactly five years before. In May, he had been convicted by a jury of fraud. Under a settlement agreement, almost everything he owned had been turned over to a fund to compensate former shareholders. He spoke haltingly, stopping in mid-sentence. "In terms of remorse, Your Honor, I can't imagine more remorse," he said. He had "friends who have died, good men." He was innocent—"innocent of every one of these charges." He spoke for two or three minutes and sat down. Judge Lake called on Anne Beliveaux, who worked as the senior administrative assistant in Enron's tax department for eighteen years. She was one of nine people who had asked to address the sentencing hearing. "How would you like to be facing living off of sixteen hundred dollars a month, and that is what I'm facing," she said to Skilling. Her retirement savings had been wiped out by the Enron bankruptcy. "And...
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...CRIME, PROCEDURE AND EVIDENCE IN A COMPARATIVE AND INTERNATIONAL CONTEXT This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška’s work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor...
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...Topic Two: Human Rights Rights The nature and development of concepts of human rights. State sovereignty, ‘natural law’ doctrine, historic constitutional documents, movement for slavery abolition, trade unionism, universal suffrage and universal education Human Rights Human rights are the basic rights to which all human beings are entitled to. The most recognized document in modern human rights is the Universal Declaration of Human Rights, created by the UN. Human rights can be said to come from the idea of ‘natural law’. Natural Law Doctrine is the idea that some laws come from God or higher reasoning whether they have been written down or not. State sovereignty State sovereignty refers to the power of a state to have control over its territory and its subject. It’s important for protecting human rights because it means someone whose rights are being abused can flee to a safe country for protection. Because it restricts the actions of neighbours and other concerned states, also allows human rights abuses to go unpunished within the boundaries of a state. Movement for the Abolition of Slavery Slavery is the state of being under the control of another person. Trade Unionism Trade unionism is the collective organisation of workers formed to protect the rights of individuals from the power exercised by employees. The benefits of trade unionism include: * Prevention of child labour * Prevention of forced labour * Fair treatment of workers ...
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...A Baptist policy on immigration and asylum seekers The world currently faces a global refugee crisis with up to 40 million displaced people (the majority of whom are women and children). Australia currently accepts around 13,750 refugees each year as part of total planned annual immigration of around 182,000 people. This paper identifies social and political problems relating to asylum seekers and refugees. It examines the biblical teaching on a responsible Christian approach to asylum seekers and refugees, and discusses some of the ways in which Australian Baptists have responded to the challenges of immigration and asylum seekers. It concludes with a new policy proposal for the consideration of Australian Baptist Ministries, the various State and Territory Baptist Unions, and local churches. There is also a guide to further information. The situation facing Australia today Immigration policy is one of the two most bitterly contested issues in Australian politics, and has been for more than ten years. People who seek asylum by boat, and various policy instruments designed to deter both asylum seekers and people smugglers, have been at the heart of an increasingly contentious public and political discussion in Australia for more than a decade. The debate has polarised large sections of the Australian community and prevented many politicians from engaging in a constructive policy dialogue. With little to differentiate their product, especially on economic and employment...
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...Disparate Impact of SOX on Large and Small Firms Andrew Rubin St. John’s University I. Introduction During the early 2000’s there was a series of scandals involving many large, multinational firms. Among these firms were Enron, Tyco and WorldCom, all of whom had been costing investors and stakeholders millions, if not billions, of dollars through fraud. Following the scandal, the downturn in investor confidence was enormous. Looking back, there appeared to be a culture of fraud and deceit inside corporate America that had been hurting the average investor. After uncovering these scandals Congress wanted to take immediate action. It passed the Sarbanes – Oxley Act (SOX) shortly after in an attempt restore faith in the country’s capital markets. Between 2000 and 2002 there appeared to be a new, large fraud every few months being covered in the news. Investors were drawing their money out of the markets and some of the largest corporations in America were going bankrupt. Congress quickly looked for answers as to how this could happen and discovered a myriad of factors. Many factors combined to create a culture where small changes to the financials were overlooked and over time those small changes accumulated into larger changes, and bigger issues. Eventually the once small changes became too large to ignore any longer and resulted in collapse. One major factor uncovered by Congress was the effect of auditor conflicts of interest might be having...
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...i) Upon Julie’s arrest, she would first be taken to the custody sergeant, whose job it is to ensure that her initial detention is authorised, then the officer who arrested her would give brief details for the reason for her arrest. Then the custody sergeant will ask Julie questions such as her date of birth, or her height or address, by law Julie can refuse to answer these questions, but giving false details could result in obstructing a police officer. After this her rights will be detailed by the custody officer, these are the right to inform someone of her detention, the right to free legal aid before answering any questions, and the right to consult the code of practice. Julie would then be asked to sign a form confirming she has been read these rights. After the above steps have taken place, Julie would be searched to ensure that she is not carrying or concealing weaponry. This search would be carried out by an officer of the same sex, and would consist of a simple pat down; it is unlikely that Julie would be searched more thoroughly given the situation. The police could potentially ask to retain some clothes if it is felt that by retaining said clothes, it would provide evidence to the case, if this were the case, Julie must be provided alternate clothing. This incident is an example of an either way offence, as it could be trailed in the magistrate’s court, or the crown court, as a result of this, the police would have authority to conduct a search of Julie’s address or...
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...01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Step 7 A Judge Is Assigned to Hear the Case ❖ 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 N 30 L In the previous two chapters, we learned about the two attorneys in the courtroom drama, the prosecutor and the defense attorney. In this chapter, we turn our attention to the third member of the courtroom work group, the judge. We will learn what judges do and how they become judges. Then, we will look at judges’ discretion and how it affects their relationships with others. INTRODUCTION Judges are by far the most easily recognized member of the courtroom work group, both by their conspicuous robes and by their prominent position in the courtroom. They are also the subject of many stereotypes because the public wants to believe that judges combine patience, wisdom, and compassion to arrive at fair decisions, while they eschew the character flaws that sometimes form the basis of decisions by others, including prejudice, intolerance, favoritism, and hostility. Unfortunately, judges are human and their decisions occasionally reflect such a reality. One West Virginia judge, for example, became so enraged at a defendant who began cursing at him in court that he jumped down from his bench, tore off his judicial robe, and bit the tip off the defendant’s nose (Smith, 1998). He served five days in jail on state assault...
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