187 resultados para mandatory sentencing
Resumo:
The purpose of this paper is to present an examination of the contrasting policies towards mandatory folic acid fortification in six countries from different regions of the world. Three questions are addressed: 1) What is the policy of the country? 2) Why was the policy adopted? 3) What lessons have been learned? Policy contrasts among countries were assessed as reflecting different interpretations of the potential risks and benefits associated with folic acid fortification. Although commonalities were identified, it was considered unlikely that there could be a standard policy response for all countries. Instead, a country-by-country policy response based on national circumstances is indicated.
Resumo:
Research suggests that, in line with the chivalry hypothesis of female offending, a range of mitigatory factors such as mental health problems, substance abuse, and personal experiences of abuse are brought into play when women who offend against children are brought to trial. This is reflected in sentencing comments made by judges and in the sanctions imposed on the offenders, and as a result female offenders are treated differently to male offenders. The current study investigated this in an Australian context. Seven cases of female-perpetrated child sexual abuse were identified over a 6-year period through the Austlii database. Seven cases of male-perpetrated child sex abuse matched as far as possible to these were identified. Court transcripts were then located, and sentencing comments and sanctions imposed were analysed. All offenders were sentenced to imprisonment, but in general the women were more likely than the men to receive less jail time and lower non-parole periods because their personal backgrounds or situation at the time of the offending (i.e., difficulties with intimate relationship, male dependence issues, depression, loneliness and anger) were perceived as worthy of sympathy, and they were considered as likely to be rehabilitated. Further investigations are needed to support these findings.
Resumo:
Food laws can encompass considerations that extend beyond food safety. The recent food standard mandating the fortification of flour with folic acid in Australia illustrates the legal problems and legal risks when governments introduce food standards that aim to medicinalise the population through the food supply despite a lack of scientific consensus. Legal analysis of the process by which the folic acid fortification was introduced into flour in Australia demonstrates legal inadequacies, administrative and policy failures, as well as flaws in safety assumptions. An analysis of the restrictions on legal rights and remedies for any adversely affected consumers seeking legal redress, and the existence of statutory immunities for governments, demonstrates a need for legal reform and changes in policy development processes.
Resumo:
This portfolio aims to review aspects of the sentencing of violent offenders under Victoria's criminal justice system. Focuses on a critique of current legislation, the way the rights of special needs offenders are acknowledged and enshrined in law, how these provisions are expressed in practice, and the clinical factors that contribute to, and influence, the dispositions individuals receive.
Resumo:
This thesis examined Australia's policy of mandatory detention of asylum seekers which is based on the theoretical premises that they are rational actors who have choices, and that mandatory detention will serve as a deterrent. Interviews with asylum seekers did not support these underlying assumptions, suggesting that a re-examination of Australia's policies is required. The professional portfolio evaluates the Ward & Hudson (1998) model of the offending child molestation process which is believed to account for the differences in goals, affective states and planning among sexual offenders, and consequently determine an individual's treatment needs. Four case studies are presented and analysed.