Discuss Factors That Affect Sentencing Decisions, Including the Purposes of Punishment and the Role of Victims.

Preventing judges from taking relevant factors of a case into account when it comes to sentencing defies proportionality. Although two people can commit the same offence, the circumstances that lead to that offence can differ for an almost unlimited number of factors. It is up to judges take these factors into consideration when determining a proper sentence. It takes careful weighing to ensure all cases involving the same offences have similar sentencing and, at the same time, to treat two unique cases differently (8 Wright, pg 4). MMS remove this fundamental feature from our judicial system and allocate the power of sentencing to the Crown. This also gives the Crown leverage over the defence and the accused. Because punishments from MMS can

Within the criminal justice system discuss the effectiveness of legal and non-legal measures in achieving justice. The criminal justice system within Australia is the means through which those who break rules stipulated within legislation and legal regulations are brought to justice in the form of punishment. The legal and non-legal measures

Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), and is intended to allow for the exercise of professional judgement, Justice Campbell utilised his discretion to put forth a lessened sentence that would not be “crushing”, as his sentence focused largely on the rehabilitation of Loveridge rather than the level of punishment this is in accordance to section 3A of the Crimes (sentencing procedure) act 1999 (NSW). The questionable "lenient" sentence has been put in place with the expectation that throughout the duration of his sentence Loveridge can ‘pay’ for the results of his offences, and furthermore work towards correcting his conduct, in order to be discharged back into the community. This sentence sparked an enormous outcry from members of Thomas Kelly’s family and friends the public and the legal community, as it does not reflect the morals of society.

In the United States there are four main goals when it comes to punishment which are retribution, deterrence, incapacitation, and rehabilitation (DeJong, 2016, p. 288). The main goals for these punishments are to maintain order over society and to prevent recidivism (DeJong, 2016, p. 288). This ties into the Ecology perspective. By maintaining order over society and preventing recidivism, it ties into all of the issues regarding the Ecology perspective which requires for each issue to address the individual, family, community and society. Maintaining order over society and preventing recidivism strives toward making a safer environment for the individual, family, community and society. There is no universal agreement for making the severity of punishment just or fair (DeJong, 2016, p. 288). When it comes to retribution the person who is getting punished deserves the punishment (DeJong, 2016, p. 289). Retribution refers to when an individual commits a certain crime then that person must receive a punishment proportionate to that crime or suffering that they may have caused towards the victim (DeJong, 2016, p. 289). Regarding deterrence there are two types, general deterrence and specific deterrence (DeJong, 2016, p. 289). General deterrence focuses on the society in general and wants to scare everyone away from committing crimes (DeJong, 2016, p. 289). Specific deterrence focuses on criminals that have already been convicted and wants to prevent them from

Statutory and judicial guidelines inform the exercise of judicable discretion in the area of sentencing. They aim to provide greater uniformity in sentencing matters and enhance the integrity of the process. Judicial guidelines are set by the NSW Court of Criminal Appeal. They are not binding but their aim is to structure discretion. For example, for the offence of culpable driving the court has indicated that in the normal course a custodial sentence should be imposed unless exceptional circumstances exist. In terms of statutory guidelines a number of acts inform the exercise of judicial discretion. For example, the Crimes Act 1900 NSW prescribes the maximum sentence that may be imposed for various offences. The Crimes (Sentencing Procedure) Act 1999 NSW also prescribes general guidelines in relation to sentencing. For example it

When a defendant is found guilty of a crime, it is the court’s role to decide upon a sentence that should be given to the offender. Typically, Magistrates and Judges are the main people that decide on sentences in the legal system. During the sentencing phase, there are specific rules by government that have to be followed when deciding on penalties and sentences. Every crime is given a maximum sentence, which is set based upon the type of crime committed. The four categories of sentencing are: custodial sentences, community sentences, fines and probation. There are also noncustodial sentences set in place as well. Furthermore, I will go into depth about the different sentencing that is used by the

The offender must have some type of punishment for the action he or she chose. Deterrence is a type of sentencing that prevent future actions of crimes. There is a general deterrence and specific deterrence. Specific deterrence is punishment that prevents the criminal to commit additional crimes by enforcing fear. "Back in the day", depending on the crime, the criminals would get parts of their body removed. For example, rapist were castrated. General deterrence is when examples are shown to prevent someone, that is contemplating on committing crimes, to change their minds. Sometime's when a person is put in jail it does not change their criminal minds.

Mandatory sentencing is a set penalty approved by parliament for committing a criminal offence. This sentence can involve any type of consequence, it normally refers to prison sentencing. All Australian states and territories have mandatory sentences, most of them introduced life imprisonment for murder after the death penalty’s abolition but,

Intemediate sanctions: Sanctions such as house arrest with electronic monitoring, or intensive probation supervision by parole agency.

Prior to the amendment of the Sentencing Reforming Act, Federal Judges had the freedom of imposing different length of sentence for each criminal. This resulted in a disparity among inmates on the length of time served. To prevent this, the sole purpose of the Sentencing Reform Act of 1984 was

Judicial discretion was prevalent over the first half of the last three decades, but has been regulated by legislature since 1984. Discretion by definition is the authorization of deciding as one thinks fit, absolutely or within limits (Ntanda, 1999). Indeterminate sentencing, traditionally, has afforded judges considerable discretion over

Sentencing models are plans or strategies developed for imposing punishment for crimes committed. During the 19th century these punishments were normally probation, fines and flat sentences. When someone was given a flat sentence, he or she had to serve the entire sentence without parole or early release. However, by the end of the 19th century the new models were developed. These new models include indeterminate, determinate, advisory/voluntary guidelines, presumptive and mandatory minimum sentencing (Schmalleger & Smykla, 2011).

"Any court dealing with an offender in respect of his offense must have regard to the following purposes of sentencing" retribution, denunciation, incapacitation, deterrence, rehabilitation and reparation which will all be discussed in this essay.

Deterrence is a further purpose that needs to be highlighted. The aim of punishment is also to warn people from crime committing under the fear of being punished and it might be reached through the well-developed criminal justice system, one of the main aim of which is to ensure that every wrongdoer will be punished for the criminal acts. There are two kinds of deterrence. They are general and specific deterrence. Ferris defines specific deterrence as deterrence which attempts to persuade the individual before the court not to commit further offences, while general deterrence is defined as the process of persuading others who might be inclined to offend not to do so. Deterrence has its own pros and cons as well. One of the main deterrence benefits is that it may reduce crime rate significantly and sharply. For instance, there is a three strikes policy in most states of USA, which means that if an individual has already been in jail two times and if this person commits a third crime, she would be automatically sentenced for 25 years regardless of crime seriousness. On the other hand, the main drawback is that criminals usually think that they will not be caught, so they continue committing crimes.

The Penalties and Sentencing Act (Qld) 1992, has also been applied in regards to the final sentencing punishment of the defendants of the following cases.