Legal Factors A legal factor is when you can be prosecuted. Statutory law: If you break the statutory law it is a crime. * A law passed by parliament. A new government can bring in new laws – this means that if there is a new government they have the rights to allow a law to pass or can turn down it‚ but it has to be decided through the parliament. * This involves the police‚ if the rule is broken – this is saying that if you break the legislation the police have the right to enter
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Goals of Sentencing There are five goals of sentencing: punishment‚ deterrence‚ incapacitation‚ rehabilitation‚ and restitution. Punishment‚ also called retribution is society’s way of getting revenge on a criminal for the harm they have caused. Retribution is society’s way of getting revenge or feeling like they got even with a criminal. In society a crime not only harms the victim of a crime‚ but society as well. A criminal’s injurious actions may outrage society as a whole. This creates the
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The Sentencing of Juveniles Today‚ we live in a society faced with many problems‚ including crime and the fear that it creates. In the modern era‚ juveniles have become a part of society to be feared‚ not rehabilitated. The basis of the early juvenile justice system was to rehabilitate and create safe havens for wayward youth. This is not the current philosophy‚ although the U.S. is one of the few remaining countries to execute juveniles. Presently‚ our nation is under a presidential administration
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Task Four Outline the power of the courts in sentencing offenders by using one example of a summary offence and indictable offence. There are two main courts - Magistrates and Crown Court. Magistrates have less power than Crown. magistrates can sentence up to six months in custody. Crown Courts can sentence longer up to life in prison. An indictable offence is one tried by a jury in the Crown court. When a magistrates court feels that the offence is so serious they cannot sentence accordingly i/e
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Prison sentences are too soft in New Zealand to the criminals who commit serious crimes and need to be harsher. In New Zealand criminals who commit serious crimes are handed a prison sentence. I strongly oppose the sentencing of criminals currently. I believe justice should be served more harshly. Presently the New Zealand court system is too soft on criminals who commit serious crimes. In 2012‚ there was approximately 376‚000 recorded offences. This resulted in 196‚000 convictions. That’s just
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Determinate vs. Indeterminate Sentencing Sentencing is and has long been a crucial phase within the criminal justice process. Sentencing is what occurs post-conviction following an offender’s guilty plea or a trial by jury in which the offender is found guilty. The philosophy of sentencing is that of punishment for a crime committed. This punishment can include incarceration‚ rehabilitation‚ probation‚ fines‚ and community service. In order to prevent crime from occurring or re-occurring‚ a deterrent
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Variation in Sentencing with Armed Robbery Antwanette Billingsley St. Leo University 10/13/2011 There are many questions surrounding the sentencing process in the State of Georgia surrounding several crimes. Why is there a variation in the process depending on where the crime was committed‚ who committed it‚ who the victim was‚ how many cases are on back log? Why do we allow these factors to play a part in the decision making process? Serious violent crimes are subject to
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Every victim looks forward to fair trial‚ conviction and sentencing. Money‚ time that the lawyer has with the client and other motivating factors determine whether the accused will receive fair or unfair sentence. However‚ this has not always been true for many suspects in the court of law within US. According to Death Penalty Washighton Center‚ (2003) victims race‚ the defendant or both elements play a fundamental role in deciding whether death penalties or death sentences are imposed on victims
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Sentencing Proposal The last stage of a criminal trial is known as sentencing. During sentencing the convening authority over the criminal court proceedings makes a determination of how the guilty party should be punished. Prior to that determination being made both the defense attorneys and prosecutors may make their arguments as to why or why not the defendant should be punished to the fullest of the law. The judge taking these arguments into consideration makes his or her decision on what
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This paper is written in an attempt to comprehend the sentencing philosophy and purpose of criminal punishment through a review of the historical parameters concerning how sentencing and punishment serve society. Sentencing is the application of justice and the end result of a criminal conviction which is applied by the convening authority; followed by the sentence‚ or judgement of the court on a convicted offender. What makes punishment unique to our society is the application of our moral or
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