-
Finished your HSC? Check out our University Discussion, Non-School forums or help out next year's HSC students! -
YOU can help the next generation of students in the community! Share your trial papers and notes on our Notes & Resources page
The legals ripoff of the businesses game thing (1 Viewer)
- Thread starter obimoshman1234
- Start date
what is meant by the Crime ( sentencing procedure Act) 1999 and what does it do?
well as the name suggests it covers the area of sentencing but mainly it arose out of the need for determining what 'for life' meant- judicial discretion was criticised- people not spending enough of their sentence in jail- this act requires that at least 3/4 of the sentence is served in jail unless there are special circumstances and certain cases that are termed for life are actually for life literally eg. anita cobby case, janine balding case
it also covers other sentences like periodic detention etc.
q- outline one international human rights issue and the measures used to deal with it
well as the name suggests it covers the area of sentencing but mainly it arose out of the need for determining what 'for life' meant- judicial discretion was criticised- people not spending enough of their sentence in jail- this act requires that at least 3/4 of the sentence is served in jail unless there are special circumstances and certain cases that are termed for life are actually for life literally eg. anita cobby case, janine balding case
it also covers other sentences like periodic detention etc.
q- outline one international human rights issue and the measures used to deal with it
Child Soldiers: At least 300,000 are children fighting in the front line of struggles at the current time, and a further 500,000 are in "indirect roles". This is a crime against humanity and breaches several fundemental human rights, particularly those listed in the Convention on the rights of the Child and it's optional protocol on Child Soldiers.
Previously, the measures used to deal with it have been primarily non-legal. The media and NGOs have worked to increase awareness of this practise however this has not slowed or halted the practise in the LRA of Uganda or a wide variety of other rebel and paramilitary groups. The conviction in the Special Court of Sierra Leone of men such as Moinina Fefona has created a persuasive precedent for the ICC to follow when they hold trials for leaders of Uganda's Lord's Resistance Army. It is hoped and expected that these courts and convictions for war crimes and crimes against humanity will decrease the practise in ways NGOs and protocols could not achieve.
Describe the three ways of creating social order.
Previously, the measures used to deal with it have been primarily non-legal. The media and NGOs have worked to increase awareness of this practise however this has not slowed or halted the practise in the LRA of Uganda or a wide variety of other rebel and paramilitary groups. The conviction in the Special Court of Sierra Leone of men such as Moinina Fefona has created a persuasive precedent for the ICC to follow when they hold trials for leaders of Uganda's Lord's Resistance Army. It is hoped and expected that these courts and convictions for war crimes and crimes against humanity will decrease the practise in ways NGOs and protocols could not achieve.
Describe the three ways of creating social order.
Describe the three ways of creating social order.
education- through schools, governemtn campaigns, government books and pamphlets, NGOs etc
regualtion- through rules and guidelines that guide the people's behavior - usually made by stautory bodies like workcover etc
coercion- people forced/coerced into complying- examples set by the law that deal harshly with criminals, crimes and penalties listed in the crimes act-these things create a fear of the consequences of commiting a crime
what factors effect the sentence?
education- through schools, governemtn campaigns, government books and pamphlets, NGOs etc
regualtion- through rules and guidelines that guide the people's behavior - usually made by stautory bodies like workcover etc
coercion- people forced/coerced into complying- examples set by the law that deal harshly with criminals, crimes and penalties listed in the crimes act-these things create a fear of the consequences of commiting a crime
what factors effect the sentence?
Purpose of the punishment: May be rehabilitation, incapacitation, deterrence etc.
Aggravating factors: Seen as objective factors, may include the use of a weapon or violence, the victim being a child/elderly, etc. These will increase the severity of the sentence.
Mitigating factors: Are subjective and are put forward by the defense. These may include a history of abuse, a mental or physical illness, etc. These will decrease the severity of the sentence.
Judicial discretion: may be used, but only within the bounds of the maximum and minimum sentences outlined in the statute law which binds the judge.
Distinguish formal and substantial equality.
Aggravating factors: Seen as objective factors, may include the use of a weapon or violence, the victim being a child/elderly, etc. These will increase the severity of the sentence.
Mitigating factors: Are subjective and are put forward by the defense. These may include a history of abuse, a mental or physical illness, etc. These will decrease the severity of the sentence.
Judicial discretion: may be used, but only within the bounds of the maximum and minimum sentences outlined in the statute law which binds the judge.
Distinguish formal and substantial equality.
B
bekmay
Guest
Part of what a makes just is that it "treats all people equally". In Australia, the same laws apply to everybody, and this is formal equality. This does not mean, however, that an equal outcome is achieved for everyone. For example, a rich person that gets a $200 fine for speeding will not be affected nearly as drastically as an unemployed person. The notion of achieving an equal result rather than people merely having the opportunity to achieve the same legal outcome is substantial equality.Azreil said:Purpose of the punishment: May be rehabilitation, incapacitation, deterrence etc.
Aggravating factors: Seen as objective factors, may include the use of a weapon or violence, the victim being a child/elderly, etc. These will increase the severity of the sentence.
Mitigating factors: Are subjective and are put forward by the defense. These may include a history of abuse, a mental or physical illness, etc. These will decrease the severity of the sentence.
Judicial discretion: may be used, but only within the bounds of the maximum and minimum sentences outlined in the statute law which binds the judge.
Distinguish formal and substantial equality.
knots&crosses
Member
- Joined
- Oct 18, 2008
- Messages
- 104
- Gender
- Female
- HSC
- 2008
Same to you. I hope its a good paper(fingers crossed) i badly want the long reponses to be on morality, ethics and comittment to the law...Azreil said:Best of luck everyone. ;]