The Law Of A Uniform Sentencing Guidelines - 1126 Words

beyond reasonable doubt. This stage is extremely important as it not only determines what punishment will be imposed upon the convict but also decides the deterrent effect it will have on potential sex offenders. In India, a uniform sentencing policy does not exist, as neither the legislature nor the judiciary has supplied any formal guidelines. However, the need for the same has been repeatedly recognized by both. For instance, the Committee on Reforms of Criminal Justice System (Malimath Committee) published its report in March 2003, stating the need for uniform sentencing guidelines: The Committee recommends that a statutory Committee be constituted to lay down sentencing guidelines to regulate the discretion of the court in imposing sentences for various offences under the IPC and Special Local Laws under the Chairmanship of a former Judge of the Supreme Court or a retired Chief Justice of a High Court who has experience in the Criminal Law, and with members representing the Police department, the legal profession, the Prosecution, women and a social activist. Subsequently, the Committee on Draft National Policy on Criminal Justice (Madhava Menon Committee) emphasized the need for the same. Under the present criminal justice system, wide discretionary powers are awarded to the judges which sometimes results in lopsided, unfair judgments. Even though some basic principles such as proportionality, fairness and deterrence are recognized as forming the basis of theShow MoreRelatedTruth In Sentencing Policies and the Effects on Courts and Prisons1563 Words   |  7 Pagesrelationships with the community, and through tough penalties for convicted criminals. When deterrence fails, criminals need to be identified and held accountable for their actions. Law enforcement enforces many different crimes; some of the most serious crimes are violent crimes. According to the FBI’s Uniform Crime Reporting Program, violent crime is defined by four offenses: murder and non-negligent manslaughter, forcible rape, robbery, and aggravated assault (FBI, 2007). Defeating the threatRead MoreMandatory Minimum Sentences Imposed By Statute865 Words   |  4 Pagescrimes and subjected to unfair mandatory sentencing. â€Å"Mandatory minimum sentencing laws require binding prison terms of a particular length for people convicted of certain federal and state crimes† (Famm, n.d.). â€Å"Mandatory minimum sentences imposed by statute are intended to achieve consistency in sentencing at the expense of individual consideration of the contextual sentencing factors† (Harvard Law Review, 2011). â€Å"These inflexible, one-size-fits-all sentencing laws may seem like a quick-fix solutionRead MoreThe Theories Of Punishment Article1571 Words   |  7 Pageslegal dictionary, it goes over the different theories that the government has on the use of punishment. In the utilitarian philosophy laws are meant to increase the happiness of society by eliminating crime. They realize that the possibility of a crime-free world is non-existent, so minimizing the rate of crime is the only solution to a happy life for the citizens. â€Å"†¦laws that specify punishment for criminal conduct should be designed to deter future criminal conduct,† (Theories of Punishment). ThereRead MoreThe Bias And Discretion Of The Sentencing Process1415 Words   |  6 Pagesnot surprised that racial biases exist within our court system when it comes down to sentencing. So, are we saying the judges are racist? This learner hopes not, but she cannot help but wonder if they are just based on the number of African American that is housed in our jails/prisons. There just seems to be an overwhelming amount of us incarcerated verses Caucasians. It is also amazing that some of the sentencing time that judges past down for the same type of crimina l act (e.g., burglary, auto theftRead MoreThe Goals of Sentencing in the Criminal Justice System1747 Words   |  7 PagesThe Goals of Sentencing in the Criminal Justice System By: Brian Ouellette Criminal Justice CCJ 1020 Mr. Leonardo Cadogan Abstract In the United States there is no standard when it comes to punishment and sentencing. This area of the  criminal justice system is in a constant state of change. Sentencing practices and goals are always being closely examined. From getting tough on crime to more rehabilitative approaches, the views and goals of sentencing are always beingRead Moremandatory minimum sentence1364 Words   |  6 Pagessentence occurs when judicial discretions are limited by law (Famm). Those who are convicted of certain crimes must be punished with at least the minimum number of years depending on the offense. Amanda Dollak who received her criminal justice degree at CTU, states â€Å"Mandatory sentences require every individual to receive the same punishment for similar offenses, regardless of how much a judge may object to the sentence†. These mandatory sentencing laws however vary from state to state, and in other countriesRead MoreMandatory Minimum Sentences For Violent Offenders17 28 Words   |  7 Pagesincrease the level of risk in society if let free. 6. The sentencing policy should follow due process considerations, such as ensuring that offenders with similar situations are sentenced similarly, that reasonable notice is provided to the accused with reference to the crimes with which they have been charged, and that the decision implicating an accused in a lower court is subject to appeal before a higher court for review. 7. The sentencing policy must also be victim-oriented. Victims have largelyRead MoreThe Mandatory Minimum Sentencing Laws1613 Words   |  7 PagesCurrent mandatory minimum sentencing laws are in dire need of reform. A mandatory minimum sentence is a court decision where judicial discretion is limited by law. As a result, there are irrevocable prison terms of a specific length for people convicted of particular federal and state crimes. As of January 2014, more than 50 percent of inmates in federal prisons are serving time for drug offenses, and more than 60 percent of people incarcerated are racial and ethnic minorities. The use of safetyRead MoreJudges On Trial : A Reexamination Of Judicial Race And Gender Effects Across Modes Of Conviction1044 Words   |  5 PagesCommission on Sentencing that has been strengthened to include information on sentencing judges and criminal court contexts, and it argues that the mode of conviction shapes the focus of sentencing discretion in ways t hat systematically underestimate judge effects for pooled estimates of incarceration and sentence length (Johnson, p. 159). Research that focuses on the effects of judicial background characteristics suggest minimal influence based on race or gender of the sentencing judge in criminalRead MoreCriminal Punishment And The Criminal Justice System1193 Words   |  5 Pageshappiness of criminal offenders as the final sentencing decision. Judges have an extensive range of sentencing options. These options range from fines, restitution, and probation to incarceration in jail or prison. For much of the 20th century, criminal sentencing practices remained largely unchanged in the United States. Over the past few decades, we have witnessed a practical revolution in criminal punishment processes. A number of different sentencing reforms have been recently expanded, resulting