Mandatory Sentence
Mandatory Sentencing
Introduction
Mandatory testing refers to a special case of a court decision where by the judicial discretion is limited by the law. It is common knowledge that when people are convicted with crime they are punished by being sent to prison for a number of years. All the individuals who commit crime will be punished equally under a pre-determined minimum time in prison. The respective laws which guide mandatory sentencing differ from one country to another. The parliament passes laws specifying a minimum amount of sentencing that may be given by the judge. It can also be described as a situation where the judge has no legal powers to sentence and can therefore only rely on a set mandatory sentence, (Scheb, 2008). It follows that mandatory sentencing has both negative and positive sides thus the pros and cons that are yet to be discussed.
Pros of mandatory sentencing
Scheb (2008) reveals that mandatory sentencing is an effective tool for preventing repetitive offences since it acts to deter future crimes. Potential criminals are aware of the type of sentence that they are likely to face and therefore will try as much as possible to keep away or rather avoid committing the offence. The fear of being caught also contributes to an individual avoiding to commit an offence. A strong and clear message that heinous offenses will not be tolerated is usually portrayed.
The idea of putting in place a legal system that is harsh ensures that the vital element of democratic faith in the respective judicial system, (Robertson, 2002). By extension, the idea that relatively minor offenses will be easily reported is restored.
Mandatory sentencing is associated with an acceptable degree of consistency thus faith in the judicial system. In addition to consistency, mandatory sentencing may introduce aspects of transparency, predictability and accountability of judges relating to their decisions. The fact that juries are not aware of the defendant’s
Introduction
Mandatory testing refers to a special case of a court decision where by the judicial discretion is limited by the law. It is common knowledge that when people are convicted with crime they are punished by being sent to prison for a number of years. All the individuals who commit crime will be punished equally under a pre-determined minimum time in prison. The respective laws which guide mandatory sentencing differ from one country to another. The parliament passes laws specifying a minimum amount of sentencing that may be given by the judge. It can also be described as a situation where the judge has no legal powers to sentence and can therefore only rely on a set mandatory sentence, (Scheb, 2008). It follows that mandatory sentencing has both negative and positive sides thus the pros and cons that are yet to be discussed.
Pros of mandatory sentencing
Scheb (2008) reveals that mandatory sentencing is an effective tool for preventing repetitive offences since it acts to deter future crimes. Potential criminals are aware of the type of sentence that they are likely to face and therefore will try as much as possible to keep away or rather avoid committing the offence. The fear of being caught also contributes to an individual avoiding to commit an offence. A strong and clear message that heinous offenses will not be tolerated is usually portrayed.
The idea of putting in place a legal system that is harsh ensures that the vital element of democratic faith in the respective judicial system, (Robertson, 2002). By extension, the idea that relatively minor offenses will be easily reported is restored.
Mandatory sentencing is associated with an acceptable degree of consistency thus faith in the judicial system. In addition to consistency, mandatory sentencing may introduce aspects of transparency, predictability and accountability of judges relating to their decisions. The fact that juries are not aware of the defendant’s
References: Scheb J. (2008). Criminal Procedure. Stamford: Wadsworth Publishing Robertson D. (2002). Tears From Heaven: Voices From Hell: The Pros and Cons of the death penalty as seen through the eyes of the victims of violent crime and death row inmates throughout America. Indiana: iUniverse. Bryjak G. and Barkan S. (2010). Fundamentals of Criminal Justice: A Sociological View. Massachusetts: Jones & Bartlett Publishers. Corrigan R. et al. (2009). Formulaic Language, Vol. 2: Acquisition, loss, psychological reality, and functional explanations (Typological Studies in Language). Amsterdam: John Benjamins Publishing Company. Kirby G. et al. (2001). Critical Thinking (UOP Custom). New York: Pearson Custom Pub.