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Assess the role discretion plays in the sentencing and punishment of offenders. - HSC - SSCE Legal Studies - Question 25 - 2013 - Paper 1
Question 25
Assess the role discretion plays in the sentencing and punishment of offenders.
Worked Solution & Example Answer:Assess the role discretion plays in the sentencing and punishment of offenders. - HSC - SSCE Legal Studies - Question 25 - 2013 - Paper 1
Step 1
Assess the role discretion plays in sentencing and punishment.
Answer
Discretion in sentencing allows judges to exercise their judgment in determining appropriate punishments based on individual case circumstances. This flexibility is crucial, as it considers the unique aspects of each offender and the context of their crime.
Statutory guidelines, such as the Crimes (Sentencing Procedure) Act 1999 (NSW), can constrain judicial discretion, ensuring consistency and fairness in sentencing. However, there remains room for judges to interpret these guidelines on a case-by-case basis.
Mandatory sentencing can sometimes limit discretion in a way that may not serve justice effectively, especially when the values of society evolve and require a more nuanced approach to crime prevention.
The spectrum of circumstances influencing discretion can include aggravating factors, which may lead judges to severity in sentencing, as prescribed in Section 29A of the Crimes (Sentencing Procedure) Act 1999 (NSW). Conversely, mitigating factors can result in more lenient penalties, reflecting the balancing act judges perform between the rights of offenders, victims, and societal norms.
Judicial discretion serves both as a means of promoting justice and ensuring that each case is considered on its individual merits, thus embodying the principles of a fair legal system.