Life Sentencing In Australia Essay

The Australian Criminal Justice system has an intricate and diverse structure that makes it one of the most unique systems in the world. The Commonwealth of Australia was approved by the British Parliament in 1900 and came into existence on January 1, 1901. The federal constitution combined British and American practices, with a parliamentary government, but with two houses - the popularly elected House of Representatives and Senate representing the former colonies. This began the start of a new era of policing. (Findlay, Odgers, Yeo). The Commonwealth of Australia is a federalist government composed of a national government and six State governments. There are nine different criminal justice systems in Australia - six states, two territories, and one federal. The eight States and Territories have powers to enact their own criminal law, while the Commonwealth has powers to enact laws. Criminal law is administered principally through the federal, State and Territory police. (Chappell, Wilson, Heaton). In this essay an in depth analysis of the Australian criminal justice system will be given, along with a comparison to the United States criminal justice system throughout the essay. As well as an evaluation of the effectiveness of the system and finally a brief summary of how the Australian criminal justice system structure could be improved to better suit the evolving society. Australia has a complex and very intuitive system of policing that

The purposes of sentencing are set out in the Crimes (Sentencing Procedures) Act 1999 (NSW) and fundamentally include deterrence, retribution, rehabilitation and incapacitation as the purposes by which a judge may impose a sentence. Deterrence intends to

Rehabilitation is intended to shift the offender from being a cost to society to being a contributing member of society. I like the idea of some judges sentences in regard to give back to taxpayers, this judges sentence less

For example there have been amendments in under provision of crimes amendment act 1982 in New South Wales and section 8 of the crimes amendment act 1986 in Victoria to enable judges to impose less severe sentencing. Also in Victoria and South Australia life sentencing prisoners can apply for minimum set terms in court. Of course it relies on their good behaviour, but punishment does not help in changing their criminal attitude or behaviour. Though abolition of prison is not something can be achieved overnight, of course it is a very long term goal. We have example of Sydney siege, the worst offenders should be behind the bars to protect society. An article by Carol Lawson outlines the strategies for reducing recidivism by focusing on reforming prisons conditions and to turn them into more rehabilitative place, encourage prisoners’ transition to society that is to support ‘throughcare programs’ and to divert offenders from prisons to alternative punishment. Self- report also helps to measure the level of stress and discomfort of prisoners in

Indefinite detention is an extremely controversial issue consisting of valid arguments on both sides of the debate; however, Queensland’s Dangerous Prisoners (Sex Offenders) Act 2003, including the amendment made to it in 2009 and part 10 of the Penalties and Sentences act 1992 (Qld) all provide a desirable outcome. These laws are scrutinized by many but evidently all contribute to the equitable way that this system functions. Although on the face of it, indefinitely detaining a prisoner may be perceived by some as infringing the fundamental rules of law, in reality extensive measures are taken through the legislative processes of these laws to ensure that a just decision is made in respects to the continuation of a detention order. By doing

Did you know Australia use to be a big prison? Australia is the 6th largest continent. Australia is the only continent covered by a single country. In Australia there are more kangaroo’s than people. A person in Australia hasn’t died from a spider bite since 1987. The top ten deadliest snakes live in Australia. There are over 200 different languages which are spoken in Australia. This includes 45 languages, as well non-English languages like Greek, Italian, Cantonese, Vietnamese, Mandarin, and Arabic. A desert area known as the outback covers much of the land.

No one has been executed in Australia since the 2nd of February in 1967. The last incident of execution was when a man named Ronald Ryan was found guilty of shooting a prison guard in an attempt to escape the jail. He was hung in Melbourne. Queensland put an end to the death penalty in 1922. Tasmania did the same in 1968, The federal government ended the death penalty in 1973. Some countries still have the death penalty, the top three countries with the highest execution rate are: China, United states and Pakistan. In South Australia, forty-four hangings took place in the Adelaide Gaol. The society agreed that the death penalty wasn’t the right way to go so in 1976 the Criminal Law Consolidation Act was modified, changing the death penalty

What has society done about reforming sentencing laws in order to reduce the incarceration population? The fair sentencing Act which was signed by president Obama has helped reduce the number of inmates impacted by mandatory minimum sentencing by “reducing the disparity in the amounts of powder cocaine and crack cocaine required for the imposition of mandatory minimum sentences and eliminates the mandatory minimum sentence for simple possession of crack cocaine, it also increases penalties for major drug traffickers” (White House 2010). What the Act did was changed the ratio of Crack cocaine v Cocaine from 100:1 to 18:1 (U. S. Department of Justice 2010). This Act is beneficial because it

Mandatory sentencing is not anything new. It began in the 1970s. The main purpose for mandatory sentencing was to try to get rid of the drug lords and to eliminate most of the nation’s street drug selling. It was to impose that the same crime would have the same sentence all over the nation. Some of the negatives that rose from mandatory sentencing were nonviolent drug offenders and first time offenders who were receiving harsh sentences. Inmate populations and correction costs increased and pushed states to build more prisons. Judges were overloaded with these cases, and lengthy prison terms were mandated to these young offenders. Mandatory sentencing is an interesting topic in which I would like to discuss my opinions in going against

Various scholars have determined that, “life without parole is examined as a form of death penalty, namely, death by incarceration as distinct from death by execution” in order to determine the difficulties that juveniles face when not given the option to serve their sentence through probation or parole (Johnson, Mcgunigall-Smith 2008, p.

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 the resolve of criminal sentencing. “While such discretion theoretically allows judges to tailor sentences to the circumstances of individual crimes and criminals, thereby achieving a sort of ex post fairness, it also permits variation in sentences that may not be warranted by the observable facts of the case, reflecting instead the judge’s own preferences” (Miceli, 2008, p.207). The punishment

Each year in America many people received prison sentences for crimes that pose little if any danger or harm to our society. Mandatory Minimum Sentencing in the American Justice System has long been argued by both Lawmakers and the public. We will go over some of the history of mandatory minimum sentences as well as the many pros and cons to these types of sentences. Some examples of pros and cons are the overall effect on public safety, the effect on the offenders, the cost to taxpayers, the lack of discretion for Judge’s, and whether the law should be repealed.

     Capital punishment should be viewed as the stripping away of humanity from a person. The death penalty itself should be "executed" because of racial inequities, the concept of murder, the possibility of error, lack of deterrence, the cost, and an overwhelmed legal system. "The goal of capital punishment is revenge" (Introduction 1). Capital punishment is simply an outlet for the bloodlust of the American people (Introduction 1).

One aspect of rehabilitation is the use of individualised sentences - penalties aimed at the individual needs of the offender. This is in direct contrast to the concept of set sentences seen in the aim of retribution. One of the criticisms of this approach is, therefore, that it leads to inconsistency in sentencing. Incapacitation means that in some way the offender is made incapable of re-offending.

In my mind, a life sentence means that you sit in a prison for the rest of your life because of the crime you committed. That is also where it gets its name from. Of course, there are cases where people have been able to turn their life around after prison, even though this rarely happens. Here in Finland we don't have that many serial killers or murderers, which means that there isn’t necessarily any need for a lengthened life sentence.