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NCJ Number: 64596 Find in a Library
Title: SENTENCING - REPRESENTATION ON PLEAS OF GUILTY, AND SENTENCING
Journal: QUEENSLAND LAW SOCIETY JOURNAL  Volume:8  Issue:1  Dated:(JANUARY 1978)  Pages:19-24
Author(s): J T GIBNEY
Corporate Author: Queensland Law Soc, Inc
Australia
Date Published: 1978
Page Count: 6
Sponsoring Agency: Queensland Law Soc, Inc
Brisbane, Australia
Format: Article
Language: English
Country: Australia
Annotation: THE INCREASED COMPLEXITIES OF SENTENCING PROCEDURES AND CONSIDERATIONS IN ENGLAND AND AUSTRALIA ARE EXPLORED; THE TWO MAIN JUDICIAL ATTITUDES ARE THE TRAFFIC SYSTEM AND THE INDIVIDUALIZATION APPROACH.
Abstract: JUDGES NOW HAVE AVAILABLE TO THEM A MUCH WIDER RANGE OF SENTENCES THAN THEY DID 10 YEARS AGO, AND THEY MUST BALANCE THE CONFLICTING GOALS OF PUNISHMENT AND ITS EFFECT ON THE OFFENDER WITH DENOUNCEMENT OF CONDUCT THAT IS PROHIBITED BY ACCEPTED COMMUNITY VALUES. EXPERTS SUCH AS SOCIAL WORKERS AND MEMBERS OF THE MEDICAL PROFESSION NOW TAKE A MORE ACTIVE PART IN THE SENTENCING PROCESS. THE TWO MAIN JUDICIAL ATTITUDES IN OPERATION APPEAR TO BE THE TARIFF SYSTEM AND THE INDIVIDUALIZATION OF SENTENCE APPROACH. UNDER THE FORMER, THE PRIMARY OBJECTIVE IS TO FIX A SENTENCE PROPORTIONATE TO THE OFFENDER'S CULPABILITY. THE FACTS OF THE OFFFENSE AND THE OFFENDER'S RECORD ARE THE MAIN INFORMATION CONSIDERED. UNDER THE LATTER, DIVERSIFIED OBJECTIVES SUCH AS PROTECTING SOCIETY FROM THE PERSISTENT OFFENDER, DETERRING POTENTIAL CRIMINALS, AND REFORMING THE OFFENDER ARE GIVEN GREATER CONSIDERATION. SENTENCERS MUST RESOLVE THESE COMPETING FACTORS AND DECIDE WHICH SHOULD BE DOMINANT IN A PARTICULAR CASE. THE TARRIFF SYSTEM, THEREFORE, CAN NO LONGER BE RELIED ON TO FIT ALL OF THE COURT'S CONSIDERATIONS. THE PUNISHENT MUST NOT ONLY FIT THE CRIME BUT MUST ALSO FIT THE OFFENDER. MITIGATING FACTORS WHICH FREQUENTLY RESULT IN LIGHTER SENTENCES INCLUDE NO PREVIOUS CONVICTIONS, REMORSE OF THE OFFENDER. AGGRAVATING FACTORS INCLUDE UNPROVOKED VIOLENCE ON INNOCENT PERSONS, POOR PREVIOUS WORK RECORD, AND PREVIOUS CONVICTIONS. IT IS GENERALLY ACCEPTED THAT A PRISON SENTENCE SHOULD BE IMPOSED ONLY WHERE THERE IS NO REASONABLE ALTERNATIVE. FOOTNOTES ARE INCLUDED. (LWM)
Index Term(s): Australia; Decisionmaking; England; Great Britain/United Kingdom; Judicial discretion; Sentencing/Sanctions
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=64596

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