Sentencing principles in the High Court and the PSA
نویسندگان
چکیده
منابع مشابه
The Fernando Principles and Genetic Vulnerabilities to the Crimogenic Effects of Social Environments
Justice Wood in R v Stanley Edward Fernando enunciated principles concerning the mitigating effect of certain social circumstances in respect of the sentencing of Aboriginal offenders.1 These principles have gone on to exert influence in New South Wales and ‘framed a seminal body of jurisprudence on the relevance of Aboriginality, alcoholism and disadvantage to sentencing’.2 They are currently ...
متن کاملTeen Court Jurors’ Sentencing Decisions
Teen Courts provide a forum in which juvenile offenders are sentenced by their peers. This system, based on principles of restorative justice, serves as an alternative to the traditional juvenile justice system. Sentencing options typically include restitution, community service, jury duty, apologies, attendance at educational workshops, and tours of correctional facilities. Previous research h...
متن کاملIneffective Assistance at Sentencing
The legal standards for reviewing claims of ineffective assistance of counsel at sentencing are underdeveloped. In other contexts, defendants seeking to prove ineffective assistance must demonstrate that counsel’s performance fell below appropriate professional standards and that there is a reasonable probability that, but for counsel’s deficient performance, the result of the proceeding would ...
متن کاملCompulsory drug treatment in Canada: historical origins and recent developments.
In Canada, illicit drug use and addiction have traditionally been considered as a criminal justice problem and have been addressed from a legal perspective. Over the past century, a medical approach to drug addiction has slowly crept into the criminal justice processing of drug offenders. This has happened through the combination of principles of punishment with principles of addiction treatmen...
متن کاملSentencing: from Vagueness to Arbitrariness: the Need to Abolish the Stain That Is the Instinctive Synthesis
Criminal sanctions involve the deliberate infliction of hardship on offenders.1 In sentencing, the state acts in its most coercive and decisive manner: ‘the state may use its most awesome power: the power to use force against its citizens and others’.2 Despite the importance of the interests at stake in the sentencing realm, sentencing is arguably the least coherent, predictable and principled ...
متن کامل