Legal problem (1 Viewer)

[slee89]

I was wondering if anyone knew about mandatory sentencing especially in relation to the legal measures taken to achieve justice within this criminal issue.
Thanks.

 

[Mc_Meaney]

Acheives equality --> all sentences are the same

Justice for victims & Society --> all criminals recieve same sentence

Accused --> NOT JUST --> May not take into account aggrivating or mitigating circumstances.

Mandatory sentencin a good example is Van Nguyen (the guy in singapore) and the laws in singapore relating to mandatory death sentences.

 

[slee89]

Thanks.
But what are the actual legal measures used to ensure that justice in this area has been achieved. What have been done in reaction to the injustices that has been done?

 

[Mc_Meaney]

Well legal measures - by implimenting mandatory sentences justice for victims is delivered (and criminals i suppose) because there is a set sentence.

Eg - Bilal Skaf 55 years for rape. His brother 33 or something.---> Inequity due to the difference of sentences for same crime

Mandatory sentences mean equity is restored...and equity is one of the 5 key points in the nature of justice,. (H.rights, equlity, fairness, equity, access)

THe only injustice i can think of is the Van Nguyen case in singapore - mandatory death - the NGOs (like Amnesty Interrnational) and Howard governemnt lobbied singapore for clemency - who basically told them to get stuffed its their right as a sovereign state to do it.

Justice being achieved-
Are human rights being violated?
Is there equity?
Is there fairness?
Is there equality
Is the law accessible?

You need to answer these questions (and how it is being done), and if yes to all/most i suppose justice is being achieved

 

[slee89]

Thanks alot

 

[goan_crazy]

*MANDATORY SENTENCING:
Some acts set mandatory (compulsory) sentences. E.g. section 431B of the Crimes Act. Provides mandatory life sentences for certain offenders convicted of murder or drug trafficking (commercial quantities). This restricts judicial freedom.

 

[hYperTrOphY]

Mandatory sentences mean equity is restored...and equity is one of the 5 key points in the nature of justice,. (H.rights, equlity, fairness, equity, access)

Mandatory sentences means equity does NOT exist! There is a difference between sameness, equality and equity.

 

[Mc_Meaney]

Ma bad, i meant equality, on the basis that same crime - same sentence