Australia stands alone internationally in perpetrating this injustice. The Migration Litigation Reform Act 2005 (Cth) excludes asylum seekers from their legal rights. It grants the Court the ability to deliver judgment on any issue, including the case as a whole, if they believe it has no reasonable grounds for success. This may seem reasonable, however the definition of ‘no reasonable grounds for success’ is as follows: For the purposes of [these sections], a defence or a proceeding or part of a proceeding need not be: (a) hopeless; or (b) bound to fail; for it to have no reasonable prospect of
It also backs up my other sources with the same research results; by removing the sentencing discretion of judges, and replacing it with mandatory jail sentences, we are sending more offenders to prison instead of programs designed to rehabilitate. Information in this article also supports my argument that mandatory laws violate the Constitution. Taking power away from judges is a violation of the 10th amendment “separation of powers.” As a result, our prison population has quadrupled and is filled with the wrong people. Mandatory sentencing applies so broadly that they sweep minor criminals and drug users along with the major ones, “drug kingpins,” who are the real targets of the statutes. Bender, David L. “America’s Prisons Opposing Viewpoints”4thed.Minnesota.
Overall, the debates focuses on whether the change is crucial to protect women and children or are the proposed changes are really just about placating the critics. The objective of this and other similar papers is to present an evaluation of the current system and make recommendations for changes. The common thread among these papers is the focus on children’s exposure to domestic violence and the fact that it is now considered a form of child abuse. The main concern is for the victim’s welfare, especially those of the children, after the courts have passed judgements. The paper also challenges the FCA and the Family Magistrates Court (‘FMA”) to regard and interpret family violence between adults as child abuse.
I will explain why I believe my ways of revamping the Justice system will help and possibly drop the levels of crimes committed by the youth. Immediate Discipline I believe that there needs to be a sterner court system for the juveniles. I have noticed and seen many times something such as theft is just looked at as a petty crime. In the long run the juveniles need to be disciplined for anything that may seem petty because those petty crimes can become bigger and worse crimes. Without immediate discipline we are giving the impression that if they commit a crime only once they can continue to commit other crimes as well because, hey, they will just receive a slap on the wrist if they have never committed it before.
They STOP THE INCARCERATION AND START THE REHABILITATION 15 participate in anger management courses and substance abuse counseling if necessary, and do manual labor on the facility grounds or in the community. (Clark, 2013). Although shock incarceration is a better solution then adult prisons, it has been criticized over its incidents involving abuse of inmates by staff. (Cullen, 2012) Punishment and rehabilitation are a major part of the criminal justice system and will be effective in controlling crime if there is a way to incorporate the two factors to work together. Punishing and following up with rehabilitation through community supervision can help prevent crime.
However, it backed down a few years later by changing the decision based largely on public opinion. While this is not necessarily a bad thing, it does cast a waffling light on the Court because there are so many instances of an initial decision being changed in response to public opinion (Bartee, 2006). Another good example is the initial decision to make abortion illegal and then the later decision that overturned this one to make abortion legal in the United
Law Reform Regarding Sexual Assault Law reform is when law is introduced or an existing law is altered to improve, make more relevant or patch up a hole in our law. The issue of sexual assault is becoming increasingly prominent it today’s society. Because societies view on this issue, and growing awareness, past laws on sexual assault have failed to cover the needs of society today. This has lead to significant law reform over the past decade. The Criminal Procedure Amendment (Sexual Offence Case Management) Act (NSW) was introduced in 2005 which updated the previous act the previous act, The Criminals Procedure Act from 1986 (NSW).
To be able to work on understanding his sexual inappropriateness, Bradley will first need to recognize how it affects others and be able to view his behaviors from the victim’s point of view. It may be helpful to create role plays with Bradley to be able to fully show him the impact of his actions. Also, it would be beneficial to provide Bradley with healthy sexuality and sex education classes. This is due to helping Bradley create positive cognitive processes about sexual
preventative detention and continued detention where sex offenders under the "Serious Sex Offenders Act 2006 (NSW) could be held in custody after their sentence has been served - as well as 2 yrs monitoring of sex offenders under the Sex Offenders Registration Act -then I concluded with young offenders - how whilst the community does push for rehabilitation/welf Here is one of the most difficult places for law enforcement to balance the opposing goals of the "best interests of the community" vs. the "rights and freedoms of the individual." The community wants the police to PREVENT crime -- to stop criminals before they get a chance to do harm -- and not just wait around for a crime to take place and then try to solve it. (Even if they do solve it, it would still be better if it had never happened.) So inner-city cops "stop and frisk" bad-looking kids, suspicious characters, etc. 1) If the search of the suspects reveals nothing (no weapons, drugs, burglary tools, stolen goods, etc.
These statistics reflect the “tough on crime” policy being imposed in the United States. The lawmakers who enacted laws designed to make it easier for juveniles to be tried and punished as adults see that the only solution to juvenile crime is to detain more children to make the society safer. It