Question about Crime (1 Viewer)

[jonnathann]

I found this q from excel and it's those typical trial ones with the scenario then a few q's that follow it. Well the first q. was "Explain the process that occurs when Samantha is sentenced" (6 marks). What should i talk about here? I don't think it's really necessary for me to type the whole scenario so yeh =p

 

[wallid]

in the sylabus ul c the sentencing process.. just follow those headings

 

[goan_crazy]

in the sylabus ul c the sentencing process.. just follow those headings

reporting crime
investigation
arrest and charge
plea, hearing
appeals

 

[mercury-chic]

You don't have to go far back as to the reporting of the crime, investigation, arrest and charge.

I think basically:

Plea --> Hearing --> Factors affecting decision (objective, aggravating etc) --> Suitable punishment

I may have got plea/hearing mixed up :S

 

[= Jennifer =]

reporting crime
investigation
arrest and charge
plea, hearing
appeals

you forgot bail and personell and joe you have listed the criminal process not the sentencing process

the sentencing process is under the legal issues and remedies

 

[goan_crazy]

o crap...
shows i havent been studying

 

[= Jennifer =]

o crap...
shows i havent been studying

dont worry once you get it you will never forget it.

 

[goan_crazy]

so whats the sentencing process then?

 

[goan_crazy]

is this the sentencing process?

i have this in my notes...
• THE SENTENCING PROCESS:•
THE HEARING:
After the verdict, and reports concerning, the accused’s mental health, addictions and prior behaviour on parole, the court will determine a sentence.

*EVIDENCE:
 Judges can only consider evidence played before them in open court. They cannot consider anything the accused was not charged with. Defence counsel has to be present at all times.
 Judges use pre-sentence reports; including social background of the accused (usually contain an interview by the accused with a psychologist). Heresay evidence may be admitted.

*THE ROLE OF THE PROSECUTOR:
• It is the duty of the prosecutor to ensure that the court has all relevant information. Will include:
• Full details of the offence
• Relevant prior convictions
• Victim impact statements, sell out the effects of the crime on the victim and family. Provided for serious crimes involving death or assault by sections 27 and 28 of the Crimes (Sentencing Procedure) Act 1999 (NSW)
• Put forward arguments on an appropriate sentence, including a number of years if a prison term may be involved.
*THE ROLE OF THE DEFENCE COUNSEL:
The right of defence counsel to put a case for the most appropriate sentence is a basic right and if denied, is grounds for review of the sentencing decision. Witnesses can be called to testify to the good character of the accused.

*THE VICTIM:
The Victim impact statement allows the court to be told of the injury the victim has suffered. A representative of the victim’s family may make the statement.
A study showed victims welcomed the right to have a say (but two thirds still think the sentence is too lenient), and there was no increase in penalty or sentencing patterns.
• the individual has minimal input (usually just a witness) as the crime is committed against the State
• Victim Impact Statements (established 1996): full account by the individual on how the crime affect them

 

[= Jennifer =]

yes what you have there as well as factors affecting the decision

 

[goan_crazy]

Factors affecting the decision

• FACTORS AFFECTING THE DECISION:•
*THE PURPOSE OF PUNISHMENT:
(See notes on punishment)

*CIRCUMSTANCES OF THE OFFENCE: (OBJECTIVE FEATURES)
Things surrounding the crime itself. These will have an influence on the actual punishment of the offender E.g. drink driving.

*CIRCUMSTANCES OF THE OFFENDER: (SUBJECTIVE FEATURES)
• Covers things that the judge will consider about the offender in general. E.g. age, remorse, previous convictions

*AGRAVATING AND MITIGATING FACTORS:
• Where other factors surrounding the crime, which could have impacted any part of it, are taken into account by the judge. Includes victim impact statements.

*JUDICAL DISCRETION AND LIMITS ON DISCRETION:
The Crimes Act 1900 (NSW) and other statutes set a maximum punishment but judges have the final say as to the actual punishment. However judges have discretion to fix punishment according to the “circumstances” presented to the court.

*MANDATORY SENTENCING:
Some acts set mandatory (compulsory) sentences. E.g. section 431B of the Crimes Act. Provides mandatory life sentences for certain offenders convicted of murder or drug trafficking (commercial quantities). This restricts judicial freedom.

*MAXIMUM PENALTIES:
Statute law sets a maximum punishment which is not always given by the judge but can be given. Judges are often criticized for giving lenient sentences. The Sentencing Act 1989 (NSW) now sets a minimum sentence for some offences

FACTORS AFFECTING THE DECISION…
• judges use discretion and consider:
- offender’s circumstances and character
- prior convictions
- mitigating circumstances/factors (E.g. drug addiction, effect of the sentence etc)
- likelihood of rehabilitation

• discretion is limited by:
- mandatory sentencing requirements
- maximum penalties
- guidelines
- legislation
• Sentencing Act 1989 NSW:
- truth in sentencing
• must serve ¾ of sentence
• no parole for terms of < 6 months
• life imprisonment: generally no release (no licenses)

YOUNG OFFENDERS:
• mandatory sentencing in WA + NT in 1999/2000 raised issues re: CROC
• child: 10-15, young person: 16-18, <10: no liability, 10-14: must prove they knew what they were doing and they knew it was wrong
• Children (Criminal Procedures) Act 1987 NSW: offenders should be in their own homes where possible
• Young Offenders Act 1997 (NSW) aims to divert young people from the court system
• juvenile offender options: warnings, caution, conferencing, court

 

[= Jennifer =]

well done

 

[goan_crazy]

thanks jennifer