replaced by sentencing discretion so that consistent and proportionate application of the law is achieved. However ultimately‚ abolishing the defences is undesirable as it is both ineffective and morally wrong to punish the mentally ill through sentencing. Rather‚ these defences need to be defined more clearly to curtail anomalous outcomes. The first half of this essay shall focus on key drawbacks of these defences in regards to judicial and medical interpretation as well as the role that sentencing plays
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THE UTILITY CONCEPT THE term utility refers to satisfaction a consumer gets from whatever goods and services he consumes. It will be useful to discuss between two utility concepts: (i) total utility (ii) marginal utility Total utility attained from a commodity refers to the sum total of satisfaction which a consumer receives by consuming the various units of the commodity. The more units he consumes‚ the greater will be his total satisfaction upto a certain point. As he keeps on
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our linguistic faculty. Our linguistic systems contain a systemic complexity which could not be empirically derived. The environment is too variable and indeterminate to explain the extraordinary ability to learn complex concepts possessed by very young children. It follows that humans must be born with a universal innate grammar‚ which is determinate and has a highly organized directive component‚ and enables the language learner to ascertain and categorize language heard into a system. In this way
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STRUCTURAL ANALYSIS SUPPLEMENTARY MATERIAL Associate Professor Hong Guan and Professor Yew-Chaye Loo Griffith School of Engineering Griffith University Gold Coast Campus Queensland‚ Australia TENTH EDITION (Fourth Printing - 2013) Structural Analysis - Supplementary Material CONTENTS Part I 1 Supplementary Notes .................................................................. Fundamentals ...................................................................................
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Juvenile Court: Therapy or Crime Control‚ and Do Lawyers Make a Difference? Stevens H. Clarke and Gary G. Koch Page [263] of 263-308 Law & Society Review > Vol. 14‚ No. 2‚ Winter‚ 1980 A published history of juvenile courts in the United States (Ryerson‚ 1978) describes almost a full circle in the development of ideas about society’s response to delinquency. Classical criminology regarded crime as the product of a free moral decision; the proper response was viewed as a schedule
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Chapter 4: MODES OF EXTINGUISHING OBLIGATIONS a) By payment or performance b) Loss of the thing due c) Condonation or remission of the debt d) Confusion or merger e) Compensation f) Novation In addition: g) Annulment h) Rescission i) Fulfillment of a resolutory condition j) Prescription k) Death of a party in case the obligation is personal l) Mutual desistance m) Compromise n) Impossibility of fulfillment o) Happening of fortuitous events PAYMENT or PERFORMANCE
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References: ustralian Law Reform Commission (1980)‚ Sentencing of Federal Offenders‚ Discussion Paper No. 15Law Reform Commission NSW (2001)‚ Discussion Paper 33(1996)-Sentencing‚ (Chapter 7. Parole)‚ Lawlink New South Wales‚ Online. Available. http://www.lawlink.nsw.gov.au/lrc.nsf/pages/DP33CHP7 3.4.2006No Author (2006)‚ Sensible Sentencing NZ Justice: Why Parole?‚ Safe NZ‚ Online. Available. http://www.safe-nz.org.nz/paole.htm 3.4.2006Travis‚
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The rate of recidivism among convicted violent offenders fuelled public belief that Young Offenders Act sentences were too short. · The Courts were over-used for minor offences that could have been resolved through alternative sentencing. Partly this was due to different perceptions by judges on how to interpret the Act. In addition‚ lack of facilities limited the alternatives open to the court. · Public perceptions of youth crime made it more difficult to gain public support
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America? Walnut Street Jail 16) Reformatory system introduced _____________ innovations. (Zebulon Brockway) Believed that prison was to rehabilitate not punish. Taught useful trades‚ educated prisoners‚ academic programs‚ library‚ a gym. Indeterminate Sentencing in prisons. 17) Origins of modern systems of parole: If they
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Who knew that an uprising that occurred in the fall of 1971 at a New York correctional facility would help change the American penal system forever? It was the culmination of a storm that had been brewing for months. There was a tension between the guards and inmates that had not gone unnoticed. With little to no attention given to the circumstances of the inmates‚ they had had enough. Earlier that year during the summer months‚ inmates had come together and participated in peaceful protests. These
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