CASE FOR DUE PROCESS IN REVIEWABLE SENTENCES (FROM SERIOUS VIOLENT OFFENDERS: SENTENCING, PSYCHIATRY, AND LAW REFORM, 1991, P 115-128, SALLY-ANNE GERULL AND WILLIAM LUCAS, EDS. - SEE NCJ-147734)

• NCJ Number: 147743
• Author(s): P Svensson
• Date Published: 1993
• Length: 14 pages
• Sale Source: Criminal Justice Press/Willow Tree Press
• Publication Type: Survey
• Language: English
• Country: Australia

Annotation

This article describes legislation passed in various Australian provinces governing dangerous offenders, persons considered incapable of controlling their sexual impulses, and habitual criminals. The model for consideration proposed here attempts to tread the fine line between the offender's civil liberties and the public welfare.

Abstract

The proposed legislative scheme would feature reviewable sentences coupled to due process in order to monitor imposition of the sentence as well as the continuity of that sentence and the conditions under which an offender would be released. The central concept of the model is to balance the perceived need for public protection with review by due process. The author believes that the release determination should be made by the courts, which have experience in administering concepts of natural justice and individual liberties, rather than by the executive by way of Governor's or Sovereign's Pleasure. The model encompasses procedures, relevant conditions, evidence, standard of proof, review, release, and appeals. 3 references