Post sentencing considerations (begin)
________ are important mechanisms for ensuring fairness, justice, and rehabilitation for both victims and offenders in the Australian legal system.
Factors that affect post-sentencing considerations
the offender's mental health, the nature of the crime, and available sentencing options.
Victim impact statements
Prepared by victims or their families and outline the impact of the crime on their lives.
What Victim impact statements do
They provide an opportunity for victims to express their feelings and allow judges to consider the full extent of the harm caused by the offender
Case study of a victim impact statement
The two victim statements being read out at the sentencing of Cardinal George Pell in 2019
Appeals
________ allow offenders to challenge the verdict, sentence, or process by which the trial was conducted, provide a mechanism for ensuring that legal processes and decisions are fair and just and allow mistakes or errors in judgment to be corrected and new evidence to be presented.
Pros of Appeal
Allow offenders to challenge the verdict, sentence, or process by which the trial was conducted, provides a mechanism for ensuring that legal processes and decisions are fair and just, Allowance of mistakes or errors in judgment to be corrected and new evidence to be presented
Case Study of appeal
When Lindy Chamberlain successfully appealed her murder charge against her daughter in 1988 then was acquainted
Parole
________ allows offenders to be released from prison before completing their sentence based on their behavior in prison and level of risk to the community.
Negative of Parole
High rate of recidivism, meaning that individuals who are released on parole are more likely to commit another crime and be returned to prison.
Case study of the limitations of parole
The case of Adrian Ernest Bayley
The case of Adrian Ernest Bayley
Was granted parole by the Court of Appeal in 2014 for the murder and rape of Jill Meagher reducing his minimum non-parole period of 35 years to the non-parole period to 33 years despite a history of violence and violation of parole terms, leading to public outrage.
Post-sentencing considerations (end)
a crucial role in promoting a more just and equitable society.