Mandatory Sentencing

Question 1

What is mandatory sentencing?

Answer 1

Statute provides a mandatory/minimum sentence that a person must receive when convicted of a crime of a certain amount of jail time based on the number of previous offences and/or the crime committed without regard for the cirumstances of the offence.

• limits a judge’s discretion, in particular the influence of mitigating and aggravating circumstances, in sentencing
• do not allow for parole, suspension or probation

Question 2

What are the main arguments for mandatory sentencing?

Answer 2

• intended to act as a deterrent➡️may lead to reduction in crimes which gave mandatory sentencing➡️crime prevention
• helps to eliminate judicial bias by creating standard of justice and eliminating the possibility of ‘overly lenient sentences’
• prevents risk of harm to potential victims over false positives➡️protects public
• reflects the judgement of society for certain offences
• consistency and clarity
• appeases public

Question 3

What are the main arguments against mandatory sentencing?

Answer 3

• only small to no reduction in crimes
• does not allow for the judicial body to act on the based on the circumstances of the event which can lead to unjust rulings
• legislature cannot generalise on offences and lump all cases and circumstance together-poor in predicting future offending, significant number of offenders who will not continue to offend➡️waste of money+wrong to punish offenders for future predicted conduct
• increases number of jail sentences➡️fill up court system and prisons (higher maintenance coasts for prisons)➡️overpopulate prisons
• as mandatory, accused may be more likely to plead not guilty as no benefits of pleading guilty
• not flexible and reduces judge’s discretion, reduces independence of judiciary

Question 4

What are examples of mandatory sentencing in the states of Australia?

Answer 4

• WA: mandatory sentences apply for repeat adult and juvenile offenders convicted of burglary and serious assaults
• NT: apply for violent offences (rape and murder), also three strikes and out policy for all property offences
• NSW: murder of police officers, manslaughter as a result of assault
• QLD: child sex offenders, murder, motorcycle gang members who assault police officer/found trafficking drugs or firerarms
• SA: serious assaults, serious organised crime
• VIC: extreme aggravated assault