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Why Is Sentencing Effective

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In most cases, sentencing and punishment are effective in the criminal justice system because the victim, offender and society usually all achieve justice by the sentence that is handed down. A sentence is a decree of punishment which forms the final explicit act of a judge-ruled process. The Crimes (Sentencing Procedure) Act 1999 (NSW) is the primary source of sentencing law in New South Wales which outlines the purposes of punishment, types of penalties and the mitigating and aggravating factors that must be considered when determining an appropriate sentence. For the sentence to be an effective method of achieving justice, the judiciary must balance the rights of the offender, the needs of the victim and the interests of the community. …show more content…
The Crimes (Sentencing Procedure) Act 1999 outlines three main types of punishments given against an offender convicted of a crime, being ‘Custodial sentences’ such as imprisonment, home detention and intensive correction orders, ‘Non-custodial alternatives’ such as community service orders, good behaviour bonds and suspended sentences, and lastly ‘Fines’. While many believe that punishment is an effective means of achieving justice, Nicholas Cowdery (formed NSW DPP) states the opposing view that an individual cannot be “punished into goodness.”

Section 21A of the Crimes (Sentencing Procedure) Act 1999 (NSW) provides the sentencing process in which judges must use their discretion to consider aggravating and mitigating factors and Victim Impact Statements. These help to determine the appropriate punishment that is both appropriate for each individual case as well as aiding in achieving a just outcome for offenders and

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