Advantages And Disadvantages Of Sentencing

The recognition of aboriginal customary laws under the Australian Criminal justice system is just confined to acknowledgement of just the traditional physical punishments at the stage of sentencing. It all depends upon the interpretation and readings of individuals who play a role in the Criminal justice system in the capacity of judicial officers, officers of the court, lawyers and police officers etc. (Aboriginal Law& criminal justice,Law Reform Commission,W.Australia)

1. Mandatory minimum sentencing is a protocol made to provide accurate sentencing for a crime. The purpose is to provide a standard where judges cannot reduce sentences, in order to encourage a fairer judicial system.

This essay looks at Indigenous Australians in relation to the institution of ‘Criminal Law’. In this context, criminal law refers to legal processes such as police questioning, investigation and detainment as well as arrest, custody and bail. It also encompasses associated court procedures up to the point of sentencing. The focus will be to first outline the importance of criminal law to Indigenous Australians and then provide a critical analysis of the unique experiences and barriers that this group encounter in accessing criminal law in a positive way. Following this analysis, the development of possible ways to improve Indigenous access to criminal law will be discussed. Particular attention will be given to the way in which Indigenous Australians are affected by the transition of our modern justice system toward broader social justice concepts that incorporate risk management of potential criminal behaviour. From this discussion a conclusion will be drawn as to whether or not Indigenous Australians enjoy equality of criminal law and whether the structural elements of the law itself perpetuate Indigenous injustice and disadvantage.

We are learning that when genuine 'Indigenous' Justice is hiding under the cloak of Western paradigms, we continue to see the rising population of Indigenous peoples--especially Indigenous women--in prisons. Our programs and rehabilitative initiatives remain under Western paradigms, even when painted with the brush of 'restorative' or 'indigenous'

The sentencing and punishment of offenders is a complex legal process in which many different factors influence the final decision. Discretion plays quite a large role in this process due to its humanising aspect, as it allows for each case to be taken on its own merits. This is evident in the areas of Indigenous people and sentencing, factors affecting a sentencing decision, and in mandatory sentencing. The sentencing and punishment of offenders is a complex process and therefore themes such as issues of compliance and non-compliance as well as the extent to which the law reflects moral and ethical standards are extremely pertinent. Discretion is a core component of the criminal justice system, and it is extremely important in Indigenous

The mandatory minimum sentencing is about a fixed ruling of a crime that a judge is expected to deliver. Congress has enacted mandatory minimum sentencing laws. It was to impose the mandatory sentencing an offender would receive for crimes that were committed. The mandatory minimum punishment guidelines would require for judges to hand down judgement for a certain length of time. This would mean that for crimes that are committed there are criminal sentencing guidelines, this would give judges a certain discretion on how to proceed in sentencing an offender. These minimum sentencing apply to many of the crimes committed on society, such as violent, drug-related crimes and for those habitual offenders. In cases where the offender commits a crime and is a repeat offender then it should be left up the presiding judge to serve out justice. People who commit low level crimes should be punished but not to the extent of going to prison for a long period of time. Congress has enacted these guidelines so that the criminal justice system would not be burden with smaller crimes or be overwhelmed. Lengthy sentencing hearings seldom are necessary, the disputes about sentencing elements must be resolved with sensitivity concern and carefulness. A dispute exists about any factor important to the sentencing determination then a judge will use his discretion to hand down equal and fair judgement. Legislator statements during debates on mandatory

Gladue, 1999), essentially offers an Aboriginal offender the possibility to ask for a report written about the circumstances that help explain why the offender acted the way she. The Gladue report is a provision which provides the history of the offender and takes into consideration the events in their life which led them to their disadvantage. The Gladue report requires that Aboriginals be presented with viable sentencing alternatives to imprisonment that may play a stronger role “in restoring a sense of balance to the offender, victim, and community, and in preventing future crime” (R v. Gladue, 1999, para. 65). The Gladue decision gives the courts the information as to why they are in that particular system and how they got there in the first place.

The Bureau of Justice Statistics reported 6.7 million people were supervised by adult correctional systems in the United States at year end 2015. President Obama has conveyed tax payer pay $80 billion dollars to house incarcerate individuals yearly. The Sentencing Reform Act of 1984 limited federal judge sentencing discretions. In 1980 the USA had 500k people incarcerated, the population of prisoners has more than doubled the last two decades. The United States Mandatory sentencing requires offenders receive a predetermined minimum sentencing for some offenses. Since the implementation of mandatory sentencing, prison populations have risen sharply with sky rocking costs. On certain offenses, Federal judges no longer have discretion on the sentence length. Mandatory sentencing laws have shifted the power of punishment to the prosecutor as they have the discretion of charges brought against offenders. According to Peter Wagner and Bernadette Rabuy in their article “Mass Incarceration: The Whole Pie 2017,” the United State criminal justice leads the world in the percentage of its citizens incarcerated. Mandatory minimum sentencing has led to large prison populations, skyrocketing costs and social family challenges.

The United States is home to five percent of the world population, but 25 percent of the world’s prisoner. There must be a change to the current prison system which is doing more harm than good in American society and must be reformed. Reasons for this claim are that American prisons are too overcrowded with inmates, which creates a dangerous and unhuman environment. The cost to run a prison has gotten too expensive for tax payer pockets, and lastly the prison system is more as a punishment instead of rehabilitation with about sixteen percent of inmates most serious offence being drug charges. Prisons fall short of reforming criminals and the government is obligated to completely reform the prison systems in the United States.

To map the development and recognition of disadvantage stemming from Aboriginality as a mitigating factor when sentencing Indigenous offenders in Australian courts.

Criminal justice programs around the world face various challenges especially in rehabilitating the behavior of inmates within correctional facilities. The purpose of this research paper will be to assess the various issues that exist in rehabilitative programs within prison systems. Basically, rehabilitation programs are used to correct and rehabilitate criminal offenders so that they can emerge as useful members of society once they complete their prison sentences. Some of the rehabilitation programs that are commonly used to reform inmates include counseling, health and fitness programs, transcendental meditation, academic programs and religious programs. These rehabilitative programs are usually based on the assumption that criminal

Provision [SCRGSP], 2005; Jeffries and Bond, 2012). It is also widely discussed that there is an overrepresentation of Indigenous Australians in the criminal justice system itself (Jeffries and Bond, 2009), representing up to one quarter of prisoners in Australia (Makkai and Payne, 2003; Payne, 2005). This essay will address the current issues that Indigenous Australians face within the criminal justice system, particularly, with courts. The aim of this essay besides addressing these issues will also be to provide suggestions or alternatives that may help resolve the presented issues and improve the experience for Indigenous Australians in court.

Mandatory minimum sentences are court decisions where judicial discretion is limited by law. Usually when people are convicted of certain crimes they must be punished with at least a minimum number of years in prison. The article I picked to review is an article on mandatory minimum sentences. The article reviews the pros and cons of mandatory sentencing. I will go over the pros and cons described in the article and give my opinion on how I feel about them.

William Shakespeare made London his home by making his mark as a writer and actor, he traveled back and forth between the city and the town where he was born, Stratford. His London was a small and theatrical world where everyone knew each other. Famous playwrights, poets, and actors contributed to his lifestyle. It helped him shape characters in his play to perform starting off at the Globe Theatre. To go above and beyond, he became the acquaintance of superior courtiers to publicize himself as well as his writing. After his plays gained recognition throughout the city, he performed them before Queen Elizabeth at the Whitehall

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