Sentences with phrase «of mandatory sentencing»

In the submission we use the example of mandatory sentencing laws as contrary to this approach.

For an overview of mandatory sentencing schemes introduced in Australia and their impact on Indigenous peoples see: Aboriginal and Torres Strait Islander Social Justice Commissioner, Social Justice Report 2001, HREOC Sydney 2001, Chapter 4.

The Commission has expressed a number of concerns regarding the operation of mandatory sentencing provisions in Western Australia, including:

There is no logical connection between such a commitment and the existence of mandatory sentencing.

the broad range of human rights violations inherent in the operation of the mandatory sentencing provisions; and

The issue of a lack of interpreter services had been graphically illustrated to the Committee with case studies of mandatory sentencing.

The retention of mandatory sentencing in respect of certain property offences appears to be a significant inhibitor to reducing the rates of Indigenous incarceration and recidivism in Western Australia.

It is a matter of great concern that the scope of the mandatory sentencing provisions in Western Australia has recently been expanded to apply to an assault on a «public officer», with a minimum prison term of six months for an adult and up to 3 months detention for a juvenile 16 years and over.

The discriminatory impact of mandatory sentencing laws in the Northern Territory and Western Australia on Indigenous people (para 16); and

There remains, however, the possibility of challenging the constitutionality of mandatory sentencing legislation under section 10 of the RDA.

the particularly concerning impact of the mandatory sentencing provisions on Indigenous young people.

A number of the United Nations human rights bodies including the Human Rights Committee, the Committee on the Elimination of Racial Discrimination, [4] and the Committee Against Torture [5] have also highlighted their concern in respect of the mandatory sentencing laws in both Western Australia and the Northern Territory.

Given the Australian experience of mandatory sentencing in the Northern Territory and Western Australia in the past, [144] it is highly likely that this legislation will impact heavily on Indigenous Australians.

The overriding aim of mandatory sentencing laws is incapacitation rather than rehabilitation.

In recent years, state governments have compounded these issues through the use of tough «law and order» policies, such as the expansion of mandatory sentencing which has contributed to unacceptable prison numbers and violence in communities.

The Committee welcomes the abrogation of mandatory sentencing provisions in the Northern Territory.

The Committee notes its concerns in the findings which include the abolition of ATSIC; the continuing gap between Indigenous peoples and others in the areas of housing, employment, health and income; the continued existence of mandatory sentencing in Western Australia; the over representation of Indigenous peoples in prison, continued deaths in custody, Aboriginal women as the fastest growing prison population; and the Government's rejection of most of the recommendations adopted by the Council for Aboriginal Reconciliation in 2000.8

The Committee acknowledges that significant progress has been achieved in the enjoyment of economic, social and cultural rights of Indigenous peoples, through the COAG framework and the national strategy on Indigenous violence; the diversionary and preventative programs aimed at reducing the over representation of young people in the criminal justice system; and the abrogation of mandatory sentencing in the Northern Territory.

This solution has the potential to achieve the balance that has thus far eluded the Court between both Congress» legislative intent behind the original enactment of the mandatory sentencing guidelines, and the Court's Sixth Amendment concerns raised in Booker.

I suspect there is a big internal stuggle there between those who want the return of mandatory sentencing guidelines and those who don't.

But Americans are curiously unwilling to learn from Europe, even though almost all member - states of the European Union have better policies and lower rates of addiction than the U.S.. On other points, Massing is in agreement with the harm - reduction approach: he favors free needles, methadone treatment, decriminalization of marijuana and repeal of mandatory sentencing.

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?

Angelos is one of the nation's most famous nonviolent drug offenders and became a symbol of what advocates said was the severity and unfairness of mandatory sentences.

Not exact matches

Despite the changes on the medical front, the federal Tories have not only indicated their intention to keep marijuana in the Criminal Code, but have also introduced mandatory minimum sentences of six months on small - time grow - ops — six or more plants — as part of the omnibus crime bill, Bill C - 10.

Eastern State Penitentiary has a 16 - foot - high bar graph, showing the dramatic jump in the prison population, due to expanded definitions of crimes and longer, mandatory sentencing for nonviolent offenses, notes Sean Kelley, Eastern State senior vice president.

His case was brought to the clinic's attention by a group called Families against Mandatory Minimums (FAMM), which works to reform the kind of extreme sentencing laws that landed Tyler behind bars for life.

Back in 2012, the Supreme Court decided in Miller v. Alabama that states may not sentence juveniles found guilty of murder to a mandatory life sentence without parole.

Florida, on the other hand, is relaxing its mandatory prison sentences in light of the ruling, throwing out every mandatory life sentence given to inmates who committed their crimes while a juvenile.

Obama's first attorney general, Eric Holder, set aside a criminal justice memo from his Republican predecessor, John Ashcroft, to charge people with the most serious, provable offenses and replaced it with his own policy of discouraging harsh mandatory minimum sentences for nonviolent crime.

End Illegal Immigration Act Fully - funds the construction of a wall on our southern border with the full understanding that the country Mexico will be reimbursing the United States for the full cost of such wall; establishes a 2 - year mandatory minimum federal prison sentence for illegally re-entering the U.S. after a previous deportation, and a 5 - year mandatory minimum for illegally re-entering for those with felony convictions, multiple misdemeanor convictions or two or more prior deportations; also reforms visa rules to enhance penalties for overstaying and to ensure open jobs are offered to American workers first.

WASHINGTON The White House on Tuesday urged U.S. lawmakers to move ahead with legislation to help prisoners prepare for life after release, but stopped short of calling for broader reforms such as changing mandatory minimum sentences for drug crimes.

Both Trudeau and Wilson - Raybould identified the use of mandatory minimum sentences and constraints on judicial discretion as priority areas for reform.

In 2015, he also wrote the dissenting judgment in R. v. Nur, a 6 - 3 decision in which he argued the court should have shown judicial restraint and upheld the three - year mandatory minimum sentence for illegal possession of a loaded firearm.

With the meting out of more mandatory sentences for drunk driving, the number of suicides among first offenders is likely to increase significantly.

Military retaliation, laws, tough sentences, mandatory programs — and all of it as quick1y as possible!

So prison populations soared, and mandatory sentences forced often reluctant judges to imprison first - time offenders, many of them lower - level «mules» who were merely carrying the drugs for the dealers, who were seldom touched.

Mr Justice Dingemans imposed a mandatory life sentence and told the defendant he would serve a minimum of 20 years imprisonment.

The inmate in question was within six months of her release date, serving a mandatory sentence.

naive First Lady Reagan and her solution of «Just say no,» to an equally well - meaning but equally naive Governor Nelson Rockefeller and his mandatory maximum sentences, we have been defeated in our War on Drugs.

I am thankful for the progress that has been made in reforming the health care system, securing nuclear weapons, repealing «Don't Ask Don't Tell, ending the practice of torture, reforming mandatory minimum prison sentences, withdrawing from Iraq, and creating green jobs and incentives.

In the op - ed for USA Today, Moore pushed for fixing mandatory minimum sentences, focusing on treatment instead of incarceration for drug offenders and those suffering from mental illnesses, and better awareness of why people are jailed.

Victim of the Drug War's harsh mandatory sentencing, as well as possible racial bias and entrapment, the onetime Rams star is 20 years into a 41 - year jail term.

Bernard Hogan - Howe, chief constable of Merseyside police, said it was «simply wrong» for mandatory five - year sentences for possession of a firearm to be overlooked.

A spokesperson at the Ministry of Justice insisted sentencing in individual cases was a matter for the courts and said mandatory five - year sentences were a «staring point».

Former state Supreme Court justice Emily Jane Goodman said the toughening of guidelines has forced judges to impose mandatory sentences for certain crimes, which are out of sync with the offense or don't take into account extenuating circumstances.

I also await answers to my other questions: when did Labour agree to oppose any review of mandatory life sentences for murder, and when did we decide that children should have lessons on «responsible gambling», part - funded by GamCare, which in turn gets its money from the gambling industry?

The coalition tussle over mandatory sentences for knife crime held the hallmark of parties upping the ante, in their pursuit of a captive audience.

Knife crimes committed by 16 - and 17 - year - olds will result in a mandatory four - month prison sentence, the Ministry of Justice has announced.

He intends to tailor his message more explicitly to minority voters, drawing more attention to his overhaul of the Rockefeller mandatory - drug - sentencing laws.

In New York State, the majority of gun crimes are committed by criminals who are using illegal guns, and therefore he believes we should take steps to curb illegal gun use by increasing penalties and enacting mandatory minimum sentences.»