Turkey And Its Judicial Procedures

The first section is for the mandatory minimum sentence of life in prison for first and second-degree murder and treason. The second section deals with firearms offences. The third section of mandatory minimum sentences address repeat offenders in seven distinct categories, which involve impaired driving and possession of unauthorized weapons (Canada, 2013). The last category of MMS in Canada deals with hybrid offences. These were implemented in the Canadian legislation in 1995. If an offender commits a crime that has been determined to result in a mandatory minimum sentence within the Canadian Legislation, the judge must implement that sentence no matter what the aggravating or mitigating factors are. Due to this sentencing legislation, many innocent people are serving time in prison due to a false conviction and the lack of judicial discretion in their individual case. Even though mandatory minimum sentences offer more costs then rewards, some politicians, community members and victims of crime still support it due to the proposed retributive and deterrent effects. There have been many cases and arguments against mandatory minimum sentences especially due to the fact that it restricts the judge’s discretion during the sentencing process. These will be discussed in more depth throughout this paper.

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.

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

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

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, over time, most jurisdictions adjusted the minimum penalty. (Roche, 1999)

Court and process: Constitutional Court ruled that the law is the prerogative of the federalism, not only reconciliation state governments. The state of government did not agree that would be their responsibility for repaid Mr. Barron. The chief justice John Marshall thought that this is not the states problem, and there is nothing to do in the side of the city of Baltimore. Mr. Barron insists that is in the faith amendment and it should be until the bill of right of the state government, and the federal government were unsure of the faith amendment was so clear. However, after the civil war the state of government made the fourth amendment that the state can’t take any bill of rights from the citizen.

In the discourse of criminal justice system bail is one of the arenas which not only generates a huge adherence but also a significant assumption. There are lot considerations take into place when the question of enlarging bail is comes into existence. The court or the police as a matter of fact are regulated by some principles, and it is obvious that not all persons who are engaged with an offence will be entitled to get bail. Bail is broadly used to refer to the release of a person charged with an offence,

The Crimes (Sentencing Procedure) Act 1999 sets out the purposes for which a sentence may be imposed, the types of penalties that can be imposed and when they can be used. The maximum penalty that an offender can receive for an offence is outlined within statutory legislation created by the Australian Government. No judicial officer can pass a sentence higher than the maximum penalty, with the imposed sentencing guidelines differing according to the offence. Within the legislation, it is stated that “A court must not sentence an offender to imprisonment unless it is satisfied, having considered all possible alternatives, that no penalty other than imprisonment is appropriate.”. Judicial discretion is removed with the implementation of mandatory sentencing, as it forces them to disregard aggravating and mitigating factors which may lead to lighter or harsher sentence than the ones outlined, respectively.

Prison sentences may vary based on the type of crime was committed. The length of the sentence will vary according to the severity of the crime and will be imposed by the judge. Worrall indicates, “there are four type of noncapital prison sentences which include indeterminate sentencing, determinate sentencing, mandatory sentencing, and sentencing guidelines”[ 2 ]. Capital crimes which usually include murder carry the death penalty. For the death penalty to be imposed, constitutional standards must be followed according to federal and state guidelines and law.

In this paper we will be giving a small overview and some insight on our presentation which is on criminal trials, appeals, post-conviction remedies, and habeas corpus. The paper will also contain a few key points. In this chapter we learned about the “judicial process used during criminal trials, appeals, post-conviction proceedings,” including habeas corpus (Fredico, Fradella, & Totten, 2013). At first glance it may look like criminal trials and appeals are the most important part of the judicial proceedings, but criminal trials and appeals are mainly based upon the investigation of the police. A defendant can be guilty, but if the police don’t do a good job of collecting evidence and investigating, then the defendant can win and

3) “It was not until after 9/11 that democratic countries introduced legislation that criminalised an ‘act of terrorism’” (O’Hare, 2011) To aid police in their fight against terrorism, the Australian Government has made a significant number of changes to current legislation, as well as introducing a number of new counter-terrorism laws to assist law enforcement in responding to terrorist threats. “The states and territories have referred legislative powers to the Commonwealth to allow the creation of a single set of terrorism offences under the Criminal Code Act 1995 (the Criminal Code).” (Counter-Terrorism White Paper, 2010, p. 55) These amendments, and additional legislation, have been instrumental in allowing law enforcement to respond to terrorist threats. In addition to new criminal offences, new powers include; more effective detention and questioning powers; the ability to declare terrorist organisations illegal; and the ability to exercise more control over people’s movements. The new counter-terrorism “offences are aimed at individuals who engage in, train for, prepare, plan, finance or provide support for terrorist acts.” (Counter-Terrorism White Paper, 2010, p. 55) Other tools within the Criminal Code available are ‘control orders’ and ‘preventative detention’. “Control orders are protective measures that can restrict a person’s movements and activities.” (Counter-Terrorism White Paper, 2010, p. 57) Whereas

The criminal justice system is an essential aspect of American society as well as the Constitution and the Bill of Rights. The purpose of laws is to protect society from harm, ensure everyone’s safety, and equally treated. The criminal justice system works to protect the innocent and punish the guilty without violating the rights the criminal suspect to avoid any injustices. As society evolves the criminal justice system needs to evolve so it is important to create new laws to keep up with the evolution and new trends. As new trends and contemporary issues develop in society, they can have a direct impact on the different functions of the criminal justice

First, custodial sentences are set for the most serious punishment that the court system may issue. The age of the offender depends on what type of custodial sentence given. The main custodial sentences are: Mandatory and discretionary life sentences, fixed term sentences, custody plus (short term sentence) and Intermittent custody. There are three different types of imprisonment that the judge can order: mandatory, maximum, and minimum sentences. Prison sentences are used as retribution when punishing an offender for his/her actions regardless of the type of crime or the length of the sentence served. When sentencing an individual, it ensures that justice is being served for society. Custodial sentences are set for dangerous offenders to reassure

Since the beginning of the regime on criminal law, countries across the world have been focused on the rights of the accused and not those of victim. This is because of the consideration that the accused is alone and the government as well as the societal machinery is running against him.

Imprisonment can be a consequence, a sentence can be implied by the court but the actual length of the sentence is chosen by the government. A sentence will tend to be a short one in cases like this, long sentences will only be enforced when a very serious offence has been committed. The minister for justice can remit sentences and give prisoners temporary release if they have been on good