ATAR Notes: Forum
VCE Stuff => VCE Business Studies => VCE Subjects + Help => VCE Legal Studies => Topic started by: lolbox on September 02, 2010, 08:54:16 am
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Just a few questions. Thanks guys
Firstly, can anybody help me think of an example of a criminal sanction which aims to denunciate offenders (IE - show societies displeasure at the actions of the offender). NOTE: AN EXAMPLE OTHER THEN IMPRISONMENT
Thanks
And secondly
What are two impacts the court delays may have?
Cheers
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Community service - makes a public example out of the criminal
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Capital punishment - which would probably be redundant if you're arguing from a domestic perspective.
Injunction - prohibition from certain undertakings (c.f. Steve Vizard's barring from directorship post insider trading - TLS shares)
Fines - monetary penalties for infringement which may be deployed in conjunction with other prescribed forms of positive or negative action.
And also Yitzi's example....though one must factor into account the 'qualitative efficacy' of unsupervised and unmonitored community service as compared to, say for example, volunteerism.
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Impact of court delays...issues of performance, accountability and judicial independence.
> Defendants may end up spending more time under remand/imprisonment than they would otherwise have spent if convicted for the original (unfettered) offence.
> Prolongation of trial carries personal and financial ramifications on litigating parties, as well as financial and structural effects on the court system.
ECONOMIC ARGUMENT (POLICY ORIENTED)
> Inimical to social and economic welfare. The impact of court delay on the defendant's optimal plea decision, assuming said defendant is rational in the sense of inter temporally optimising their private utility, may increase or decrease the probability of a trial depending on the defendant's bail status.
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I would say that you could argue any sentence- if harsh enough- can fulfill the denunciation aspect of crim. sanctions... except maybe for drug treatment orders, where the emphasis is solely on rehabilitation.
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Yeah, most sanctions denunciate the crime. For example, imprisoning an offender is demonstrating society's displeasure at their action, fines are the same, even suspended sentence.
Like chrisjb said, any sanctions apart from those aimed at rehabilitation denunciate.
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I just have a question of my own. can someone tell me whether the jury panel is a group of jurors who have been sworn in to hear a case or if it is a group of jurors allocated to a courtroom that are available to be selected as jurors for a particular jury trial. My book tells me it's both...
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1. Fines
2. Costly and time consuming
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I just have a question of my own. can someone tell me whether the jury panel is a group of jurors who have been sworn in to hear a case or if it is a group of jurors allocated to a courtroom that are available to be selected as jurors for a particular jury trial. My book tells me it's both...
Well without studying that topic as of yet, the term 'jury empanelled' would imply that once a panel has been created, then they are the jurors who will hear the case. I'm not sure though.