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Q1. What are your views on mandatory sentencing? And why? In providing your answer, you should consider the following: (250 words) § how mandatory sentencing effects the discretionary sentencing...

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Q1. What are your views on mandatory sentencing? And why? In providing your answer, you should consider the following: (250 words)

§ how mandatory sentencing effects the discretionary sentencing power of the court – by which offenders are examined individually and the prescribed penalties should be mitigated in some cases depending on the outcome of the examination.

§ The effect on Principles of proportionality and the balancing of sentencing aims (retribution, deterrence, rehabilitation, denunciation, incapacitation, restoration etc.)

For this question refer to the following video.

http://www.abc.net.au/news/ XXXXXXXXXX/mandatory-sentencing-increases-prison-numbers/5485292

Q2. From your viewpoint, does Australia need to introduce further reforms to ensure that wrongful convictions are properly identified and remedied? Justify your position. (250 words) for this question refer to the following article.

https://theconversation.com/truth-or-lies-overturning-wrongful-convictions-20430

Answered Same Day May 14, 2020

Solution

Rupal answered on May 15 2020
134 Votes
1
Q. What are your views on mandatory sentencing? And why?
    The reliance on mandatory sentencing has resulted in an increase in inmate population in the country. In accordance with the new laws, there is a three month mandatory sentencing for first-time offenders convicted of a violent crime and twelve months for repeat offenders. Additionally, this has contributed to a further increase in the incarceration of Aboriginal people who constitute around ninety percent of the prison population in Northern Te
itory. This raises important questions regarding the fairness of the justice system.
    Mandatory sentencing laws have, at best, a limited short-term dete
ent effect on the crimes they address. The new laws have rendered the Magistrates helpless in circumventing the mandatory sentence even when its imposition seems unjustly severe, especially for first-time offenders who could be co
ected by using other means like education and rehabilitation. Mandatory sentencing also discounts the circumstances of the offense which could serve...
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