Mandatory sentencing occurs when a crime is committed and a required sentence must be provided from the magistrate or judge. Normally, a required sentence sets a minimum sentence. If it deems it appropriate, a court can still impose a sentence that is longer than the maximum penalty and sometimes, it is also mandatory for a court to order that prison sentences be served one after the other (cumulatively), and not at the same time (concurrently). In Queensland serious repeat child sex offenders receive a mandatory sentencing of life imprisonment, this means if a child sex offender has previously been convicted and is caught again after their 1st sentence is over, they must receive a minimum sentence of life imprisonment.
1.2 Purpose
The
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By analysing case laws, current features, concepts, principles and processes including current legislation, case law, punishment and processes and the views of stake holders and their consequences it can be determined if mandatory sentencing is fair and present 2 legal alternatives. In the end on 1 reform for the current legislation can be decided.
2.0 Nature and scope
A child sex offence occurs when a child is used by an adult or an older adolescent for sexual stimulation. ‘The Australian Child Maltreatment Study (ACMS), the first nationally representative study of child maltreatment rates, found that 28.5% of Australians experienced child sexual abuse’(Bravehearts, 2023). Obviously, the percentage in Queensland is not as high but it is still a good chunk of that percentage. This legal issue is significant because it effects such a high percentage of Queenslanders, sexual assault against a child is a serious crime especially as children do not know how
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This still holds the offender accountable while giving the judge judicial discretion. It allows for a fair and just outcome for everyone.
5.2 implications
The positive outcomes from this recommendation would be the fact that it takes society’s need for order and allows for the rights of the victims, accused, individual and society. The consequences involved could be an unfair sentence. Although the minimum sentence would be enough for a minor offence, if the judge has a bias an offender could get of a lot easier even with the circumstances. This could happen because it has occurred previously in courts before. Consider the fact that this is a recommendation not a solution. The offender, the victims, society, and previous offenders could all be impacted.
6.0
“There is no greater problem in family law today than the problems of adequately addressing child protection concerns in proceedings under the Family Law Act.” (Family Law Council, 2009, p. 15). Over the past decade there has been two main reforms which are reducing the overall number of child abuse related reports in Australia (AIFS, 2014). One of these is improved intake and referral pathways into family support services for vulnerable and at-risk families (AIFS, 2014). The primary assumption supporting this contemporary reform regarding child protection agendas has been credited to families being able to access “the right services at the right time” (Adamson, Bromfield, Edwards, Gray, Hilferty, Katz, et al., 2010).
This case also shows the effectiveness of the legal system in protecting individuals rights to not be tried or punished more than once under section 26. This is shown as the NSW Director of Public Prosecutions had urged that it would be oppressive as he already served 11 months of his sentence therefore the acquittal remained the
Policy Analysis: Megan’s Law Sexual violence, particularly against children, is a significant issue all around the world. In the early 1990’s in the United States, there were multiple well-publicized cases of sexual violence against children. From kidnappings, to rapes, and everything in between, violence was being committed against children and something needed to be done about it. In 1996, Megan’s Law was passed in response to the sexual assault and death of Megan Kanka, a seven-year-old from New Jersey (Corrigan, 2006).
Mandatory minimum sentences are sentences mandated by law for
A final criticism is that it subjects sex offenders to indefinite punishments (Levenson,
No research to date has indicated that applying harsher penalties or mandating national registries has reduced the recidivism rates among sex offenders, reduced sex trafficking against minors, nor child pornography. Despite the ongoing efforts of The Adam Walsh Act alongside other child safety acts as well, children in the United States are still perishing from sexual and physical abuse each day. According to data from the National Child Abuse and Neglect Data System (NCANDS), “49 States reported a total of 1,585 fatalities. Based on these data, a nationally estimated 1,670 children died from abuse or neglect in FFY 2015, which is 5.7 percent more than in 2011. This translates to a rate of 2.25 children per 100,000 children in the general population and an average of nearly five children dying every day from abuse or neglect”.(www.childwarefare.gov) Human Rights Watch shares that “the real risks that children face are quite different: government statistics indicate that most sexual abuse of children are committed by family members or trusted authority figures, and by someone who has not previously been convicted of a sex offense.
As we know, there are many ways criminals can be punished. When sentencing happens, the defendant is usually sentenced to the following punishments, listed from minor to extreme: Fines Community service Diversion programs Probation GPS monitoring Jail Prison Death penalty (Rio Salado, 2022). Most of these punishments can be listed under either the utilitarian or retributive theory of punishment. The utilitarian theory seeks to punish offenders to 'deter' future wrongdoings.
By abiding with this type of sentencing there is a bigger slack of discretion I can use. I can base more on the individual as a person. If the individual doesn’t have a prior criminal record this will benefit him in my sentencing. Mitigating Circumstances
Mandatory minimums have long been a controversial topic in regard to the United States criminal justice system. Many people who are little to no threat to the public have received long and harsh sentences because of the mandatory minimums. The purpose of these laws was to help prevent future crime, deter people from drug use, and give violent offenders longer sentences. These legislative changes have caused the lengthening of sentences, truth in sentencing laws, and three-strike laws. Mandatory minimums require convicts to serve a minimum amount of time for certain crimes or because of their recidivism.
House bill 3994 was written by Geanie Morrison who is the Representative of Victoria. She said, “The intent of this bill is to improve the protection of the minor girl and ensure the parental rights are protected”. The whole intention of this
Smarter Sentencing can reduce the amount of incarcerations with better sentencing so there are not people getting years in prison and holding up cells so we get new criminals
Introduction Crime, its punishment, and the legislation that decides the way in which they interact has long been a public policy concern that reaches everyone within a given society. It is the function of the judicial system to distribute punishment equitably and following the law. The four traditional goals of punishment, as defined by Connecticut General Assembly (2001), are: “deterrence, incapacitation, retribution, and rehabilitation.” However, how legislature achieves and balances these goals has changed due to the implementation of responses to changing societal influences. Mandatory minimum sentences exemplify this shift.
Sentencing Sentencing occurs after a defendant has been convicted of a crime. During the sentencing process, the court issues a punishment that involves a fine, imprisonment, capital punishment, or some other penalty. In some states, juries may be entitled to determine a sentence. However, sentencing in most states and federal courts are issued by a judge. To fully understand the sentencing phase of criminal court proceedings, it is important to examine how sentencing affects the state and federal prison systems, learn the meanings of determinate and indeterminate sentencing, and understand the impact Proposition 57 has had on sentencing in California.
The main principle of the recently updated Children’s Act (2004) is to protect children and make sure their health and well-being is paramount. The Act was updated due to mistakes made in the Victoria Climbe case as well as various other reasons. The Victoria Climbe case involved an eight year old girl who was failed by local authorities she later died from her injuries in February 2000 after being tortured and starved to death by her great auntie and her boyfriend. Victoria was brought to London, England for a better life from the Ivory coast by her aunty and the abuse started once she moved in with her boyfriend Carl.
By giving juveniles short or no sentences can cause people to not feel comfortable about