This website uses cookies to ensure you have the best experience. Learn more

The Role Of Discretion In Prosecution Saint Charbel College/Legal Studies Essay

803 words - 4 pages

Assess the role discretion plays in sentencing and punishment of offenders
Discretion involves the power of judges and magistrates to determine the most appropriate sentence for a case. Discretion allows aid judicial officers to decide the proper sentence to various cases and to take to account the multiple different circumstances. Multiple factors alter the role of discretion during a case such as statutory guidelines, mandatory sentencing, aggravation and mitigating circumstances. The guide lines, the purpose for which types of penalties may be imposed, when the can be used and a general way of how a case should be carried out is all imbedded in the (Crime Case Procedure) Act 1999 (NSW) thus making it a vital factor in sentencing in NSW.
A judge or magistrate has discretion of which punishment or sentence an offender should receive given the circumstances of the case, and balancing out the rights of the offender, victim and society. There are some cases where there isn’t complete discretion or none at all. Punishment is just one of the many purposes behind imposing a sentence. The crimes (sentencing procedure) Act 1999 (NSW) states allowable purpose of sentencing; ensure offenders adequately punished, prevent crime by deterring offenders of the law, to protect the community, promote rehabilitation of offenders, make offenders accountable for their actions and recognize the harm they’ve done to victims of their actions and to the community. A judge is given this type of discretion assuming he knows the right punishment for the right type of offense is to deter future crimes, set an example of the offender and to send a message to the community and to punish said offender from redoing his crime again. Community and parliament trust judges, public officials and private parties to make the right decisions on various matters on their opinions within general legal guidelines. It is a public officials power to act in certain circumstances according to personal judgment yet in some cases there are mandatory sentencing and maximum penalties. The maximum sentence is rarely handed down; an example of maximum sentence is (the Crimes act 1960 NSW) max penalty for murder is life imprisonment. Mandatory sentence removes judicial discretion by legislation, by setting a minimum or mandatory sentence for particular crimes. It removes a judge’s discretion from a case. Ethnic and low socio economic people are disadvantaged and some some indigenous over represented in prison. Judicial...

Other Essays On The role of discretion in prosecution - Saint charbel college/legal studies - Essay

The Detainment of Terrorists Suspects: Does it breach Human Rights - Trinity Anglican School / Legal Studies - Essay

1229 words - 5 pages Commission, n.d.). According to the ‘Universal Declaration of Human Rights’ (UDHR), each person is born free and equal in dignity and rights[footnoteRef:1]. In concurrence with Article 3 of the UDHR, ‘Everyone has the right to life, liberty and security of person’. In regards to Article 9 of the UDHR, no one shall be subjected to arbitrary arrest, detention or exile. The Australian Security Intelligence Organization (ASIO) Legislation Amendment

Adversarial & Inquisitorial System Of Trial - Legal Studies - Essay

911 words - 4 pages struggle to afford legal representations stated by the ACT Aid Commission, according to a Media Report [ (‘Legal system overhaul proposal pushes inquisitorial role for judges’) (A.C.T) (01/22/14) ]. However on the negative side of the inquisitorial system, having the lack of people involved in the investigation of the case provides an opportunity for bribery leading to an inequitable trial. For instance in the Silvio Berlusconi case. Italian ex

Examination of the Queensland criminal law on abortion - legal studies - legal studies

1089 words - 5 pages equipment for the procedure, with knowledge of its intended purpose, is guilty of a misdemeanor and is liable for up 3 years imprisonment. Although the Criminal Code Act of 1899 outlines several punishments for unlawful abortion, prosecution is rarely carried out. With the McGuire ruling in the District Court ruling in 1986 declared abortion to be legal if necessary to preserve the woman from a serious danger to her life or health, beyond the normal

Legal essay about Australian law reform with regards of current issues - Legal studies - Essay

1466 words - 6 pages role in reporting major events currently happening in our society, it also reports on major inconsistences present in our legal system. The media can play a forward role in bringing changes to the law, the main impact of media on society is the fact that it can heavily change and influence the publics opinion on the issue of king hits. Considering that every household currently obtains some sort of technological device the media can easily

Assess the effectiveness of the criminal investigation process as a means of achieving justice - Legal Studies - Essay

947 words - 4 pages the death of young Brazilian student Roberto Laudiso Curti · The 21-year-old man died within minutes of being tasered up to 14 times · This highlights a breach of police powers · However after facing trial, a magistrate only found one of the officers guilty, Senior Constable Damien Ralph and his assault charge related to the use of capsicum spray, not a taser. · An estimated of 1.2 million in legal fees was used to represent the four officers at

Is Racism in the Justice System - saint leo university - essay

2668 words - 11 pages blacks that wear sagging pants is a thug with criminal intent? The second issue is legal representation. Many of these young men are appointed public defenders that have far too large case loads, and no experience under their belts. Their representation is poorly executed, and in most cases the black defendants are told to plead guilty, even if they are not. They were not properly informed of what is happening, nor do they fully comprehend their

The struggle of family income in college - Persuasive essay - Essay

715 words - 3 pages Nohely dela Rosa Duncan Hasell Enlish 1301 11 February 2018 The struggle of family income in college Every parent dream it’s for their son or daughter to go to college but, unfortunately is not everyone is lucky enough to be able to afford it and is not as easy as it seems when it comes to it. There are many obstacles to overcome and conquer throughout the experience and one of the biggest obstacle is money. Of course, money isn’t free and a

Discuss The Role Of Media Studies In Making Sense Of The Political, Economic, And Cultural Meaning Of Everyday Life

1250 words - 5 pages , as of a country, household, or business enterprise (The Australian Oxford Dictionary). The Frankfurt/Marxist School has contributed understandings of economic meanings, as too has the Political Economy. In terms of the economic realities which limit and organise other considerationsCultural studies is an Australian tradition that is heavily influenced by British Cultural studies and helps us to understand what role culture plays in our society

The Unjust Prosecution of Socrates - Ave Maria University, Western Civilization Honors, Sugrue - Short Essay on trial of Socrates

548 words - 3 pages Western Civilization Honors 17 October 2017 The Unjust Prosecution of Socrates In 399 BC, Socrates, arguably the founder of western philosophy, was put on trial by the Greek Assembly. He was accused of impiety against the gods of Athens and corrupting the youth of the city. Socrates is well-known for questioning every detail of every argument. Indeed, he was a social gadfly, a term he created himself that means a person who upsets the status quo

Legal Studies essay - Law reform concerning Indigenous Land rights - Legal studies - essay

1221 words - 5 pages bauxite mining company. In the follow up case, Milirrpum v Nabalco Pty Ltd, although the court recognised the “religious relationship with the land” and the presence of “Aboriginal laws” they were not willing to overturn terra nullius on the grounds of these being “extinguished under common law.” Henceforth the people were denied the right to their land, and the preferences of non-Indigenous people continued dominate this legal realm. However, in

‘Post Feminism’ has become one of the most fundamental, yet contested notions in feminist studies - Cultural studies - Essay

2004 words - 9 pages ‘Post Feminism’ has become one of the most fundamental, yet contested notions in feminist and cultural studies. Post feminism has no fixed meaning, and the term is used variously and more frequently contradictorily to signal a historical shift towards the female gender. Post feminism is mainly located in the academic context of television and cultural studies, in the media context of popular culture and within consumer culture. Post feminism is

Similar Papers

Legal Studies Australian Articles Research Thomas Hassall Anglican College Research

632 words - 3 pages 21/11/17 13-year-old boy facing trial over Australia Day murder: · One of the youngest murder that Australia has ever seen. · Child admitted to unlawfully killing a man following Australia Day celebrations in Perth in 2016. · The state did not accept the plea. · The now 13 year old boy has gone on trial in Perth Children’s Court charged with murdering the 26 year old man, Patrick Slater near Elizabeth Quay Station in the early hours of January

Perspective Of Daisy Buchanan In The Great Gatsby Saint Lucas College Assignment

1214 words - 5 pages . He vanished five years ago and now five years later he has totally changed with the identity he has created, the parties the wealth, where did it come from? I am in love with a memory it seems, Jay is not the man I fell in love with; but at the least it is clear his love for me is unprecedented. The past is irreversible, now I am a legal chattel of Tom, I have become an animal without wisdom in this torturous reality, and it must remain this way

The Role Of Wealth In The Hobbit Gilson College Year 9 Essay/Text Response

1308 words - 6 pages subject that induces toxic desires, envy and conflict as it changes the way certain characters behave and interact with one another; however, one specific character is not affected by this greed and longing for useless golden trinkets, and his actions differ vastly compared to his comrades as the book endorses his viewpoint around his very being. The role of wealth in The Hobbit was what made the plot, essentially, move. This desire for riches and

Role Of Managers In Future Organizations Mission College Essay

563 words - 3 pages labor than you did...And when your own people started deserting in order to live with them, it was too much...So you killed the Indians, tortured them, burned their villages, and burned their cornfields. It proved your superiority, in spite of your failures. And you gave similar treatment to any of your own people who succumbed to their savage ways of life. But you still did not grow much corn... Meaning: In this quote from chapter 2 of the book