Legal Studies - Current Criminal Justice Issue - Mandatory Sentencing

The use of authorization sentencing practices in the Union Territory from 1997 to 2001, and the industry of similar laws in Western Australia, light-emitting diode to considerable free-and-easy controversy and outcry. These laws, known colloquially as three strikes laws, whitethorn have hindered the effectiveness of discretionary sentencing, the application of mitigating circumstances, and the prison form in achieving justice, through the application of inappropriate penalties which have conduct to effects more adverse than would exist in a just situation. In a legal sense, mandatory sentencing is the running(a) procedure whereby judicial discretion regarding veritable crimes and in certain cases is restricted by law. In an Australian context, it has been taken to confer to the procedures employ in the blue Territory, under the governments of Shane St adept(a) and Denis Burke, whereby mandatory sentences from one month to one year for the third offence relating to seat and theft were introduced. These matters gained national attention after the death in custody of Johnno [sic] Warramarrba in February 2001, who committed suicide after having stolen $90 worth of stationary. The outcry gained a dismissive response from Northern Territory Chief Minister Denis Burke, who claimed there will forever and a day be deaths in custody.

However, this populist response ignores the answer that reducing judicial discretion in minor cases in like manner reduces the capability to introduce just solutions for reclamation and prevention. The prison trunk has been accused of encouraging criminal behaviours in the past, as its inma! tes pose alienated from society and, through differential coefficient association with some other criminals, develop criminal behaviours at a faster rate. This seems short at odds with the relatively minor crimes most often punished by mandatory sentencing, especially juveniles, and can atomic number 82 to tragic consequences wholly unbefitting the nature of their actions. Peter Andren has verbalize that: a crime should be punished...If you want to get a adequate essay, order it on our website: OrderCustomPaper.com

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