During 2001 the Social Justice Commissioner's office conducted consultations with people in the Northern Territory
about mandatory sentencing and the introduction of juvenile diversionary programs.
The Commonwealth Attorney - General, my ministerial colleague, has written to his counterparts in both Western Australia and the Northern Territory, asking them to review their laws, particularly as they impact upon young people... The Commonwealth is very conscious of looking for other ways through this issue, and we are seeking, from a committee of members of parliament, advice on further diversionary programs, and looking at the interpreter issue to see whether there are ways forward, progressively, to address these questions, which can help in alleviating some of the concerns
about the mandatory sentencing question... [116]
[156] Accordingly, there is no capacity for an individual to lodge a complaint
about mandatory sentencing laws under the RDA.
Not exact matches
So you don't hear
about mandatory prison
sentences for people involved in gun crimes, say in Albany, New York, or downtown Utica.»
Rudy Valdez's «The
Sentence» is a heartbreaking film
about a Latina mother who is
sentenced to a
mandatory 15 years in prison because she lived with a man who trafficked in drugs and guns.
I have already written
about what it might suggest
about the Court's views on
mandatory minimum
sentences, and what it tells us
about the respective roles of the courts and Parliament in law reform.
By now, you've probably read elsewhere
about the case of Genarlow Wilson, the seventeen - year old Georgia high school student and athlete who engaged in consensual oral sex with a fifteen - year old and was
sentenced to ten years in prison under Georgia's
mandatory minimum
sentence guidelines, which consider him a «sex offender.»
Orin Kerr and Michael Cernovich both posted late last night
about Supreme Court Justice Anthony Kennedy's recent comments on
sentencing —
mandatory and in comparison to Western Europe.
I believe the Conservative crackdown on crime is misguided, with more
mandatory minimums and longer
sentences, but you need to be cautious
about what you infer from the crime severity index.
Fast forward a quarter - century and this news
about a new Canadian court ruling shows our neighbor jurists to the north have a much different conception of what kind of
mandatory drug
sentence violates a constitutional provision precluding cruel and unusual punishments.
The Court properly and succinctly recognized that unless
sentencing judges are allowed to define their alternative scorings categorically and honestly, there are only two possible outcomes: Either the guidelines are essentially
mandatory, or judges lie
about their reasoning, which is «institutional subterfuge.»
McLachlin also cited a legal paper on
mandatory minimums written by Ontario Superior Court Justice Renee Pomerance: «The determination of a fit and appropriate
sentence, having regard to all of the circumstances of the offence and offender, may be determined in plea discussions outside of the courtroom by a party to the litigation,» wrote Pomerance,
about the practical impact of
mandatory minimum provisions.
Read more
about jury protection for defendants in felon in possession and other firearms - related cases: — Georgia Judge Informs Jury of
Mandatory Sentence — Jury Finds Man Not Guilty of Weapons Charge — Did The First Circuit Encourage Jury Nullification in Stolen Gun Case?
The former judge's complaints
about mandatory minimum
sentencing realities were partially spelled out in that article, but now I see this notable new Cato piece titled «Powerless on the Bench» which reprints Sharp's accounting for his decision.
That's the dirty secret
about mandatory minimums: They don't just lead to unjust
sentences; they distort proceedings in countless cases where they are never imposed.
Mandatory sentencing reform is not a partisan issue, but an issue
about fairness and justice that transcends party lines.»
And what
about Wilson - Raybould's «priority» —
mandatory minimum
sentences?
He also talked
about mandatory minimum
sentences and Bill C - 51.
Our Government regularly complains
about activist out - of - touch judges meddling into Parliament's bailiwick by tossing out
mandatory minimum
sentences or invalidating Criminal Code amendments, yet over a decade in power it is that same Conservative Government that has appointed every Superior Court judge across the country.
Crime rates in Canada are as low as they have ever been, and yet there is a great deal of daily talk
about «punishing the criminals» with
mandatory sentences.
What amazes me is that most Canadians are still in denial
about the cold, hard fact that minimum
mandatory sentences simply don't work and don't actually reduce crime.
The Committee, having taken note of the explanations provided by the State party, reiterates its concern
about provisions for
mandatory sentencing in the Criminal Code of Western Australia.
The Governments in question have determined that
mandatory minimum
sentences for serious property offences and home burglary are not unreasonable, unjust or non proportional when taking into account the nature of the crimes in question, their repeat nature and the level of community concern
about them.
In 2005 the Committee on the Elimination of Racial Discrimination reiterated its concerns
about the provisions for
mandatory sentencing in the Criminal Code of Western Australia and the disproportionate impact of this law on Indigenous groups.
The Committee expresses its concern
about the minimum
mandatory sentencing schemes with regard to minor property offences enacted in Western Australia, and in particular in the Northern Territory.
In particular,
mandatory sentencing illustrated concerns
about: