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NCJRS Abstract

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NCJ Number: 147744 Find in a Library
Title: COMMUNITY SAFETY AND SERIOUS VIOLENT OFFENDERS (FROM SERIOUS VIOLENT OFFENDERS: SENTENCING, PSYCHIATRY, AND LAW REFORM, 1991, P 129-133, SALLY-ANNE GERULL AND WILLIAM LUCAS, EDS. - SEE NCJ-147734)
Author(s): P Mullaly
Date Published: 1993
Page Count: 5
Sponsoring Agency: Criminal Justice Press/Willow Tree Press
Monsey, NY 10952
Sale Source: Criminal Justice Press/Willow Tree Press
P.O. Box 249
Monsey, NY 10952
United States of America
Type: Survey
Language: English
Country: Australia
Annotation: The fundamental purpose of sentencing law is protection of the public.
Abstract: In a general sense, protection of society refers to the overall aim of sentencing law. However, when used in relation to individual offender, protection of society takes on the more limited meaning of incapacitating an offender, thus preventing him from committing future crimes. The role of the sentencing judge in this process is to determine the facts, apply the relevant rules of law, and exercise judicial discretion in imposing a proportionate and appropriate sentence. However, the role of the sentencing judge is not to transgress the bounds of the judicial function by attempting to remedy situations he perceives to be inadequately provided for the legislature, executive, or other institution. The guiding principle of sentencing law is proportionality. Sentencing in Australia is based on the concept of just deserts, which holds that punishment for a crime should be just and not exceed what is deserved. The justification for the just deserts theory is moral rather than utilitarian. 3 references
Main Term(s): Courts
Index Term(s): Australia; Criminology; Foreign courts; Foreign sentencing; Just deserts theory; Sentencing guidelines; Violent offenders
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=147744

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