Analysis Of The One Punch Law

Changing social values: The values of societies change over time. Society is forever changing values which then place’s pressure onto the law to change and adapt over time. What is seen as as acceptable may not be considered acceptable at another time. The urge for tougher sentencing in law reform may satisfy the deserved aspects of punishment, but harsher penalties are not statistically shown to reduce crime rates. Thus in seeking to promote social values for tougher penalties it undermines our social value for fairness and the concept of justice for the individual.

“Abuse is still seriously under reported. I was told by leading British social worker that when they hold training courses for employees, they find that a third of the females and slightly less of the males come forward to talk about their childhood experiences of being abused. Over ninety percent of parents as some time hit their children – and some people hit them several times a week – so there is a great deal of emotional hurt, fear and physical pain in the world today” (Davis 251). For this reason alone it makes perfect sense why violent crime rates are so frighteningly high.

The criminal justice system plays a fundamental role in achieving justice, as the system aims to protect all members of the community fairly and equally. However, in the criminal case of R v Loveridge, it is evident that the justice system fails to apply the law to equally balance the needs of the victims and the community. In this case, the offender Kieran Loveridge pleaded guilty to five counts of offences; three charges of common assault, one charge of assault occasioning actual bodily harm and one charge of manslaughter by an unlawful and dangerous act, the victim being Thomas Kelly, Loveridge received 4 years’ non-parole for manslaughter, Loveridge’s total effective sentence therefore is 7 years and 2 months with an effective

Assault defines it self as the direct infliction of force, injury or violence upon a person, including attempts or threats. According to the Australian Institute of Criminology, there were 176,427 recorded assaults in Australia in 2007 (AIC, 2015). The Australian Institute of Criminology states that assault is the most common form of violent crime and that assault rates have been on a steady incline over the last 10 years with aggravated assault being more prominent that non-aggravated assault (AIC, 2015). There are several characteristics behind an assault offender, some being that there has been a history of abuse, low Socio-Economic

Other punitive measures, that have developed out of the just deserts mentality, such as three-strikes laws, which required life sentences for those with three convictions, as well as Scared Straight programs and boot camps, have negligible or detrimental effects to recidivism (Andrews & Bonta, 2010). Studies have repeatedly shown that long prison sentences and lack of rehabilitation actually increases the likelihood of reoffending (Canadian Civil Liberties Association [CCLA], 2011). While using punitive measures in the name of retribution may make those in society feel safe, there is no evidence to support this approach.

It is believed that punishment works to protect people from their criminals as it used to be seen as a fear in people’s mind to avoid inappropriate behaviour against other people, harming other people in certain ways and breaking the laws set by society or government. Punishment is a common view of human beings and they choose to behave appropriately towards their duty to follow rules set out by government laws to avoid fines or sentences. Sentencing is categorised n various degrees depending on the type and severity of crime committed, and imprisonment is considered as most common way to protect communities from its offenders and deterrent to re-offending all over the world. As Murray (1997) claims that punishment reduces crime

In the 1990s, states began to execute mandatory sentencing laws for repeat offenders. This statute became known as “three strike laws”. The three strikes law increases prison sentence for people convicted of a felony. If you have two or more violent crimes or serious felonies, it limits the ability that offenders have to receive a punishment other than life sentencing. By 2003 over half of the states and federal government had enacted the “three strike laws”. The expectation behind it was to get career criminals off the street for the good of the public. However, the laws have their connoisseurs who charge sentences that are often excessive to the crimes committed and that incarcerate of three strike inmates for 25 years to life. Nevertheless, the US Supreme Court has upheld three strike laws and had rejected the fact that they amount to cruel and unusual punishment.

However the government have not just been attempting to raise awareness about the effects of drink driving but also putting in place stricter measures for offenders so that people are deterred even more from driving whilst they are under the influence of alcohol. At present the maximum penalty for being caught drinking and driving is a £5000 fine, a ban on the individual’s driving licence and 6 months imprisonment. If the individual causes a road collision whilst they are under the influence of alcohol and cause a fatality, they can be sentenced to a maximum of 14 years in prison. Apart from the initiatives in place to prevent drinking and driving, there have been other government initiatives used in order to stop people from using their phones when they are driving, to wear their seatbelt whilst they are driving and to prevent road rage by raising awareness.

What used to be a private issue has significantly reformed to be punishable by law highlighting society’s changing values. The main victims of domestic violence are usually women and children who are subjected to extreme abuse by the spouse. The Family Law Act 1975(Cth) established the Family court which attempted to address issues of domestic violence. However, the imposition of this legislation has reflected societal concerns where the law does not effectively deal with domestic violence as cases are continually unreported. Also, police are not adequately investigating the issue. For example, in the case of Swan, Wayne v D.P.P (2008) an indigenous woman was reluctant in reporting abuse until she was caught wandering the streets, heavily affected by alcohol. Due to cultural barriers, indigenous woman are compelled endure intense abuse in the household. The enactment of Crimes Amendment (Apprehended Violence) Act 1999(NSW) made it mandatory for police to investigate breaches of apprehended domestic violence orders (ADVOs) and arrest perpetrators if necessary. Greater use of ADVOs and investigation has reduced the amount of verbal abuse, physical violence and harassments. However, the case of Jean Majdalawi (1996) forced legislations to take further actions as the victim was shot in the head by her husband outside Parramatta Family Court even though an ADVO had been filed against him. Consequently, the event

“One punch” assaults known as “The King Hit” have cost over 90 lives since the year 2000. New South Wales have had the largest number of one punch assaults which is 28, followed by Queensland and Victoria who have recorded 24 cases each. Picture this, imagine a teenage boy who is having fun with his mates, and he gets “King Hit” by a stranger in which had taken his life. You would think that the killer would receive a very harsh prison sentence right? Well that isn’t always the case. One person who was a victim in a situation very similar to this. Thomas Kelly. Thomas Kelly is an 18 year old boy who was “King Hit” in Kings Cross in New South Wales. All it took was one punch to end his life. The attacker received a 4 year

A society that presumes a norm of violence and celebrates aggression, whether in the subway, on the football field, or in the conduct of its business, cannot help making celebrities of the people who would destroy it, (Lapham, 1985). Unfortunately, such acts of rampage have become a prevalent factor in the Canadian culture. As a result of endless media coverage, Canadians now are constantly bombarded with countless images of violence. Many of which often portray a victim avenging their opponent by force. Thus, indoctrinating individuals to believe that it is only through aggression that problems are resolved. Rather than being punished for acts of violence, those who commit such offenses are often praised for their “heroism”. In addition,

We live in a world of laws, statutes, and regulations. This society has to enforce all of it in order to keep this country from going into complete chaos. Some laws can cause a large amount of controversy and debate over it. Specifically speaking, the Three Strikes and You’re Out Law. This one law has many people arguing for and against it. Statements from many saying that it is unjust and unfair, while others say that is what our society needs in order to keep this world safe from those career criminals. I strongly agree with the Three Strikes Law; although, the law should be altered in order for fit the different situations of individuals.

To formulate the law, it was decided that the most valuable approach to reduce violent crimes was through a mandated policy decision requiring identification through past behavior of those who demonstrated clear conduct to participate in violent criminal and whose conduct was not discouraged by the usual concepts of punishment. Reed (2004) stated, “The overall purpose of punishment within the criminal justice system is to prevent the commission of crimes to deter recidivism. For this objective to be successful, punishment must be effective in addressing the problems and solutions for the entire system, not just in individual cases” (p. 502). In reducing crimes, various methods and theories are taken into account. Some of these methods are additional police, additional courts, mandatory sentencing, and increased prosecutorial resources (Reed, 2004). Because the Three Strikes Law varies from state to state, this leads to the many problems it causes in the criminal justice system.

One of the most controversial laws in the efforts to reduce crime has been the "three-strikes" laws that have been enacted. This law, which is already in twenty-seven states, requires that offenders convicted of three violent crimes be sentenced to life in prison without chance of parole. The law is based on the idea that the majority of felonies are committed by about 6% of hard core criminals and that crime can be eliminated by getting these criminals off the streets. Unfortunately, the law fails to take into account its own flaws and how it is implemented.

POLITICAL1.Government campaigning against drinking and drivingHard-hitting campaigns and stiffer penalties have helped to reduce the number of roads accidents, deaths, injuries and damage. Campaigns have aimed to raise awareness of the legal situation and the dangers of driving while intoxicated. In most international jurisdictions, anyone who is convicted of injuring or killing someone while under the influence of alcohol or drugs can be heavily fined, as in France, in addition to being given a lengthy prison sentence.