The Act contains a Charter of Victim’s Rights which requires, among a number of things, respect for a victim’s dignity, victim’s compensation, protection from the accused, protection of identity and assistance during the criminal process. The Charter also introduces victim impact statements, which is allows the victim an opportunity to participate in the process by letting the court know how the crime has affected them. The judge has a discretion to hear and to take into account a victim impact statement in determining the sentence. Victim impact statements are only permitted for serious offences and are presented after the offender is found guilty, before the sentence is passed. In the case of McCartney v R (2009) A male found guilty of sexual assault was sentenced to 2 years imprisonment, after the aggravating factors were considered, including the victim impact statement, it was concluded by the judge that the victim’s “life and studies have been totally disrupted by the event and suffered considerable distress.” The victim impact statement in this case influenced the sentence and the judge was able to effectively use his discretion to determine the best sentence for both the offender and the victim, by taking into account both the mitigating and aggravating factors.
Describe criminal prosecution and civil remedies for constitutional rights violations. ● Police can be held criminally liable, as well. For instance, both state and federal law enforcement officers can be held criminally liable for violating certain federal laws. Officers are also bound by the criminal law at the state level. They may, of course, be permitted to engage in certain authorized conduct that would be a crime if committed by regular citizens (such as the use of deadly force in appropriate circumstances).
These guidelines are given precedence over one another when the judiciary determines an appropriate sanction depending on the circumstances surrounding the offence. Incarceration is effective when the principles of general deterrence, denunciation and incapacitation are given primary consideration. However, when the principles of rehabilitation, reparations, and instilling a sense of responsibility in the offender are most important, restorative justice is a more effective alternative to incarceration. Therefore this paper will evaluate both incarceration and restorative justice within the framework of current sentencing purposes and principles and identify general circumstances wherein each sanction is most effective. Origin of Current Sentencing Purposes and Principles The purposes and principles of sentencing the judiciary uses today are relatively new additions to Canadian law.
Criminal law consists of bodies of regulations and rules that will specify and define the punishments for the wrong committed against society or the state. Criminal laws are enforced on state, federal, and local levels. Criminal laws are in place to maintain some type of standard of conduct more acceptable in society, and to safeguard society from criminals. The purpose of criminal laws is to set a no tolerance standard for criminal behavior, also meaning no crime committed will go unpunished thus an attempt to keep the community crime free and safe. When
Within the due process one may not be treated cruel, unfair or be given unreasonable treatment. Every accused person is entitled to fair procedures, and the due process applies to the criminal justice system as the trials, parole hearings, and administrative hearings. Due process main goal is to protect the innocent from being wrongfully convicted but may be looked upon as focusing on the rights of the accused and ignoring the rights of the victims. Crime control model is taken back a little and is the complete opposite of Due Process Model, which the crime control model focuses on the initial arrest, prosecution, and the conviction of a criminal. Due process priorities stand with protecting an
Unless the government is able to prove the existence of these elements, it can't obtain a conviction in a court of law. The due process model is a model of the criminal justice system that stresses that every criminal justice conclusion is built on scrupulous information. Due process stresses the adversarial process, the rights of defendant and the rights of the formal decision-making procedure. It is vital to realize that courts allow individuals to defend themselves based on entrapment, self-defense or insanity. These, however, must be proved appropriately to allow courts practice fairness in defenses.
In criminal cases, appeals can be made either against the conviction or against the sense. This means that the person found guilty of an offence can appeal against the guilty conviction on certain grounds, or can appeal against the severity of the sentence. The crown (Prosecution) also has the right to appeal against the leniency of the sentence. The party appealing is known as the appellant/ applicant. The appeal process for sentencing is important because it allows the higher courts to supervise the exercise of sentencing discretion and therefore helps to ensure consistency.
Evidence and Sentencing Mark Passi CJA 204 January 25, 2012 Ray Rawlins A presiding judge in a court of law is to make sure constitutional rights of the accused are protected during trial proceedings. A conviction by a court jury of the defendant will give the judge authority to impose reasonable punishment based upon the severity of the crime committed. The goal of “retribution” to a convicted person has changed throughout history of the criminal justice system. It is important to give a well deserve punishment for the severity of the crime. This sentencing goal is critical due to the fact that different state has different sentencing laws.
The Due Process model would say that it is needed to make sure that officers properly follow procedures while questioning or detaining suspect on the street, in the case that something gets out of hand, a jury can see what actually happened. Although, supporters of the Crime Control model say that there shouldn’t be a need for expensive cameras to record everything an officer does, because they should place their faith in the police to uphold the law at their discretion. Advocates of both sides would agree that justice is the
The authors examine these topics and others in the following chapters: Does the Criminal Justice System Need Reform? Is the Prison System Effective? Should Sentencing Laws Be Reformed? What Rights Should Be a Part of the Criminal Justice System? As long as people continue to commit crimes, questions will remain about how to prosecute, sentence, and imprison