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The effects of punishment and sentencing essay

Hire Writer The judge or magistrate has discretion as to which purpose of punishment is the most appropriate, given the circumstances of the case, providing balance between the rights of offenders, victims and society.

Specific and General Deterrence

Mandatory sentencing removes discretion, In some circumstances, based on the changing values of society and to deter others from committing crime. Statutory guidelines can be seen to hinder the amount of discretion given to Judicial officers. However, Mandatory sentencing completely removes discretion by setting a minimum or mandatory sentence for a particular offence or type of offender.

Sentencing and punishment essay in achieving justice Essay

In this respect, discretion does not have a role in the sentencing and punishment of offenders and is instead left up to an automatic sentence set by parliament.

In the case of R v Dean, the offender Roger Dean 2013 was sentenced to life imprisonment under section 61 of the Crimes Sentencing Procedure Act 1999 NSWafter he pleaded guilty to eleven counts of murder. Discretion, therefore plays no role in mandatory sentencing, however it is removed to keep trials fair and consistent, as with statutory guidelines and guideline judgements. Ultimately adding to the effectiveness of the criminal trial process in the sentencing and punishment of offenders.

The system of precedent guides the exercise of judicial discretion with reference to previous decisions. In determining the appropriate sentence for an offence, the court must take into account the aggravating and mitigating factors in the case.

Aggravating and mitigating factors can inform the exercise of discretion, leading to either harsher or lenient penalties. Aggravating factors are those particular to the offence, the victim or the defendant which may warrant a higher penalty.

  • There are two forms of deterrence;
  • Purpose of Sentencing There are four basic philosophical reasons for sentencing retribution, deterrence, incapacitation, and rehabilitation.

Mitigating circumstances differ in the fact that they offer more lenient penalties. Both circumstances have various factors to be considered in relation to the offender and the victim, and in turn give the judge the power of discretion, referring to relevant precedent guides, under section 21 A of the Crimes Sentencing Procedure Act 1999 NSW. The Charter also introduces victim impact statements, which is allows the victim an opportunity to participate in the process by letting the court know how the crime has affected them.

Criminal Punishment: Sentencing Essay

The judge has a discretion to hear and to take into account a victim impact statement in determining the sentence. Victim impact statements are only permitted for serious offences and are presented after the offender is found guilty, before the sentence is passed.

Victim impact statements have thus proven an effective method of restoring justice to the victim and the community, by taking into account the impact the crime had on the victim. Discretion in relation to victim impact statements has ultimately had the role of considering the victim in the case and how it has impacted upon their lives, in turn affecting the sentencing and punishment given to offenders.

The role discretion plays in the sentencing Essay

On the whole, discretion can be seen to be relatively effective in the role it plays in the sentencing and punishment of offenders. Although it does not have a role in mandatory sentencing and is limited by statutory guidelines and guideline judgements in the role it does play within the justice system.

Effects of Punishment

It is limited and removed to reduce the amount of deviation in cases with similar circumstances. Aggravating and mitigating factors along with the use of victim impact statements, see an effective use of discretion in the role of the sentencing and punishment of offenders. This is done allowing the judicial officer to consider all the facts in the case, including the impact the crime had on the victim, and determine the most appropriate sentence.

  • Punishment has five recognized purposes;
  • During the heyday of Jails and Prisons Comparison 1010 words - 4 pages justice system is a process that takes time and money from society;
  • The final philosophy is rehabilitation;
  • The purposes of sentencing are to punish the offender retribution.

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