Sentencing Courts Have Given Enhanced Credit For Time Spent On Pre Custody

This paper will be focusing on the controversial issue of mandatory minimum sentences in Canada. There has been much debate over this topic, as it has quickly become implemented for the sentencing of drug offenders, drug-related crimes and banned firearm offences. I will argue that every case that comes through the criminal justice system is different and deserves a fair trial with a sentence that is not already determined for them. There have been many cases where the judge has no discretion in the sentence due to the mandatory minimum sentences pre-determined for the case, no matter what the aggravating or mitigating factors were. I will argue that the mandatory minimum sentences in Canada should be reduced or eliminated as

Ever since the first prison opened in the United States in 1790, incarceration has been the center of the nations criminal justice system. Over this 200 year period many creative alternatives to incarceration have been tried, and many at a much lower cost than imprisonment. It wasn’t until the late 1980’s when our criminal justice systems across the country began experiencing a problem with overcrowding of facilities. This problem forced lawmakers to develop new options for sentencing criminal offenders.

Preventative Detention Orders serve as a viable alternatives to judicial trials, by allowing Police to ‘detain or restrict the movement of individuals without charge or conviction’. External reviews of PDO’s by the Law Council of Australia has deemed these measures ‘justifiably balance security and civil liberties’ by prioritizing community safety over the presumed innocence of terror

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

Prior to 28th January 2015, bail laws posed significant loopholes in the system and are deemed to be ineffective to achieve justice. Accused offenders may get away with bail based with evidence in the case if it does not seem to pose a threat to the community. The problem persists within the conditions set for their bail, as responsibility lies upon the magistrate or police to impose appropriate conditions. However, though conditions do vary, it possesses a significant risk if the conditions enforced were not strict enough, opening vulnerabilities for the accused to commit another crime, slipping through their enforced conditions.

The U.S. corrections system, a subdivision of the criminal justice system, continues to undergo change. From its beginnings as laws written in stone, the corrections system has sought to punish offenders. The origin of the corrections system dates back several thousand years and has witnessed various perspectives and goals. The best method of administering punishment to these prisoners has remained an issue of dispute for many years. Events through history, such

One of the causes of prison overcrowding comes about because of the expansion rate of arrest and more noteworthy utilization of detainment. The criminal justice system is detaining more individuals to prison for a more drawn out period than the prison limit permits. The prison populace relies on upon the quantity of admissions and the quantity of release in a watched period. As indicated by admission and release information, drifts in the length of sentencing can be watched. Therefore, the reason behind the expansion in prison populace can be distinguished by breaking down each of the three patterns, the quantity of admissions, the quantity of releases, and the length of prison sentences (Novak, 2009). A large proportion of the prison populace is comprised of past convicts with new wrongdoing after they are discharged just to end up detained again. The offenders also may have committed a new crime that was recently established by the penal code while serving on parole. The expansion of criminal offenses to the penal code implies that offenders can

The Canadian Criminal Justice System is, for the most part, reflective of the Charter of Rights and Freedoms and various Supreme Court of Canada case-law. Everyone who finds themselves on the opposing end of the Criminal Justice System is entitled to certain protections every step of the way, beginning even before the arrest; laws protect us from unreasonable investigative techniques, guarantee certain rights at point of arrest, and provide us with the right to counsel. The bail court departs from the ‘beyond reasonable doubt’ standard in that the crown only needs to prove on a balance of probabilities (Kellough, 1996, p. 175) in order to take away a person’s freedom. It is for this reason I decided to limit the scope of my

At the beginning of the semester our Professor gave a speech on her personal accomplishment and to start she asked us how many of us knew someone who either was or had been incarcerated. Most of us in the class raised our hands in the affirmative, including myself. This may not seem like much in a classroom with roughly 25 students, but it does have some merit. The United States of America accounts for “5% of the world’s population, but 25% of the world’s prison population” (DuVernay, 13th). Within the last year California legislators have introduced Senate Bill 10 or the Bail: pretrial release bill, which seeks to eliminate pretrial detention and bail requirements for accused individuals who meet public safety criteria ("SB-10 Bail: pretrial release", 2017-2018). I argue that SB 10 doesn’t go far enough and should include that low level non-violent first offenders be offered alternative methods to incarceration. A policy such as SB 10 would allow California to serve as a model, reducing the effects of mass incarceration, creating a fairer system and eliminating coerced plea deals.

The United States Department of Corrections is currently suffering from a problem of overcrowding of inmates within its prison system resulting in a racial, ethical and administrative challenges. In an effort to address and diminish overcrowding, the Department of Corrections has enacted major policy changes relating to inmate early release credit programs. Therefore, the Department of Corrections through policy changes and the reinstatement of early release credit programs has provided both positive and negative public reception and renewed calls for further analysis on other alternatives to reduce prison overcrowding.

Through bail, the accused is granted provisional release pending a trial, if refused, the individual is placed on remand. The legislation governing the processes of bail is the Bail Act 2013 (NSW) - commencement as of the 20/5/14, reforming the Bail Act 1978 (NSW), which was repealed. The reform was prompted due to the tension the Bail Act 1978 (NSW) raised, becoming so complex, through the several amendments modifying the presumption for bail, that legal practitioners were sometimes not able to comprehend it, limiting is accessibility, with almost 25% of the prison population being held in remand. This figure is highlighted through the 2011 NSW law reform commission. To respond, the Bail Act 2013 (NSW) was implemented, which replaced the presumption

I am the director and danger administrator for the Texas Department of Criminal Justice jail frameworks. I needed to converse with you about the issues concerning ex-cons and detainees. Our jail frameworks are not giving detainees a chance to enhance themselves. I have looked into the issues concerning our jail frameworks, which are absence of instruction, legitimate preparing, expanded populace, living conditions, and emotional wellness sicknesses. There is an expanding pattern with these issues.

Mandatory sentencing has been a big driver in the large population of incarcerated individuals in the United States. District attorneys are more aggressive in how they file charges against the arrestee. While the country has seen a decline in crime, new

From its early inception as a necessary aspect of modern society to its broken state that can be seen today, the American penal system has changed radically in recent history from an institution that performed the duty of safeguarding the public from those too dangerous to be left unsupervised to a business model concerned more with generating a profit for shareholders. With a 500% increase in inmates that is rivalled by no other country, the United States leads the world in imprisoning a fast-growing portion of its population. It is without a doubt that adverse changes in policy regarding imprisonment along with the formation and privatization of the prison industrial complex contributes substantially to the state of mass incarceration in the United States and will continue to shape its future for the years to come.

The role of the custody officer was created by the Police and Criminal evidence act 1984 (PACE act). Throughout this essay I will be discussing the role of the custody officer and exploring the stages that must be undertaken when a person is detained and processed through custody post arrest. I will also discuss the various sections of the Human Rights Act 1998 that are affected when a person is detained, the limits of a persons detention, and the processes that must be undertaken if the custody officer wishes to extend the time that a person is kept in custody. I will be exploring the duties of the custody officer and what the job role entails on a day to day basis. Whatever is done by the custody officer is to be undertaken in a certain