NCJ Number
110902
Date Published
1986
Length
26 pages
Annotation
This paper outlines problems in Australia's sentencing process and discusses the role of government branches -- legislative, judicial, and executive -- in addressing these problems.
Abstract
In Australia, legal responsibility for criminal justice is primarily in the States. There is no national uniform criminal code, and there are significant differences in approaches to the substantive criminal law and to sentencing among the jurisdictions. Underlying various sentencing problems in Australia is the lack of a dominant rationale for punishment, resulting in its illogical and inconsistent application. Specific problems derived from this circumstance are inadequate sentencing information, sentencing disparity, uncertainty about the nature and length of punishment for various offenses, the cost and delay of case processing, sentencing discretion, the range of sentencing options, and unenlightened media influence on public opinion regarding sentencing. Another problem is the absence of the scientific evaluation of the effects of various sentencing options. To address these issues, sentencing principles should be articulated in statutes, so the courts' sentencing discretion is guided by clearly stated and mandated guidelines. The judiciary, however, should retain the role of developing a jurisprudence based on these principles. The executive functions in sentencing (prosecution and parole board decisions) should operate according to guidelines which relate to the statutory sentencing principles. A sentencing commission should be established to play a complementary role in developing sentencing policy. 67 footnotes.