This is deemed as the criminal justices method of dealing with these types of offenses. .
When dealing with sentencing, the courts will take into account several factors associated with the offence; these are the aggravating and mitigating circumstances. Aggravating factors could be: a not guilty plea when charged with an offence or not pleading guilty at the earliest opportunity, the crime was premeditated, if the use of a weapon was involved or if the victim was deemed to be vulnerable in some way, an elderly person, a child or a person with disabilities. If any of these circumstances were present then the resulting sentence imposed could be towards the higher end of the spectrum in sentencing guidelines, with the judge or magistrate passing down a harsher sentence. Mitigating factors that the courts may take into account could include: a guilty plea when the offender is charged, the crime was carried out on impulse with no premeditation, the offender having no previous convictions or they have sole responsibly for a vulnerable person at home; a child, parent or spouse. If there are any mitigating factors present the courts can take these into consideration and are likely to result in a more lenient sentence. .
In considering the sentence to be passed down on the guilty offender, the court must decide whether the offence necessitates a custodial or non custodial sentence. In instances of a custodial sentence, this could be anything between a suspended sentence which is serves in the community, with certain restriction put upon them, such as having to stay away from particular places or people or carrying out unpaid work in the community called community service/community payback. They may have an electric tag to monitor their movements and imposed curfew. .
A determinate prison sentence which is a custodial sentence with a fixed length of time can be imposed. If the sentence is longer than 12 months, half of the sentence will be served in custody and the remaining term in the community on licence however if the terms of the licence are broken, the offender can be recalled to prison to serve the remainder of their sentence.
I am investigating the comparison between the American Legal System and the British Legal System. ... Below is more in detail about the two systems. ... The Judicial branch, which creates common law. ... There are three branches of government, the Executive, Judicial, and Legislative. That concludes my comparison between our American Legal System and the British Legal System. ...
British governments Both the governments of Great Britain and the United States are unique when compared with the rest of the world but originate from a similar plan; a constitution. ... Parliament holds both the executive and legislative powers in Britain. ... The US, however, has quite an elaborate system of checks and balances. ... There also is a possibility of amendment of the Constitution to reverse judicial determinations. ... The US cabinet system has little in common with the British system. ...
Madison in 1803, he single-handedly changed the course of our judicial system. He did this by granting the judicial branch the power to determine a law unconstitutional, otherwise known as judicial review. ... This marked the beginning of the basic ideas of judicial review. ... One delegate compared a judicial system without the power of checks on legislation to the absolute rule of Parliament in Great Britain (Goldstein 65). ... The establishment of judicial review is a prime example. ...
When one is asked to say which of the two systems best guarantees the maintenance of democratic principles in a state, in most cases, the British monarchy comes to mind, and so one assumes automatically that the United States" Presidential system is the more democratic. ... Britain's constitution is not written. ... In the British system the executive and the legislative are united but have a separate judicial branch, though with different powers than those of the US. In the British parliamentary system the head of government and the head of state are different people. ... The legislatur...
The debate about this kind of governmental system has always raised the question about what ought to be and what in fact is the ultimate controlling institution in the British political system. ... Questions have been raised as to which is the most supreme institution and if one of the existing institutions like the parliament or the judicial system is overpowering the other in Britain. ... This concept will develop a framework for the current British political system and will establish where the RoL and the PS obtain its legitimacy from. ... Although this concept forms the basis of the politi...
The difference between the British and French cultures becomes obvious when an assessment looks at their political systems, and each of the 6 structures, and the full range of the political culture's influence on each structure is understood. ... The educational system reiterates the class differences, but is not as elitist as in France. ... It is not independent, and has never had an active Judicial Review. This is because people have high trust in the government that their rights and liberties will not be violated, thus eliminating the need in the people's eyes for an active jud...
Separation of Powers: The separation of powers between the United States and Great Britain differ greatly. ... Article I, II, and III specifically disperse accountability in separation of powers with legislative, executive, and judicial branches. The three branches each hold some control over the other branches creating a checks and balance system. ... Great Britain's constitution does not call for a separation of powers within its government, but it establishes a parliamentary system. ... Great Britain's legislature is also much different than that of the U.S. ...
In this famous documents, Thomas Jefferson states all of the reasons that the new Americans sought after freedom from Britain. ... Jefferson goes on the lay down many specific examples of what the king of Britain had done ("..He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary Powers.."). ... He describes a new way of government, a new judicial system, a new legion in case of war and officially denounces Britain as its ruler. ... The patriots had gone against the British in bloody war fare and defeated their mother land. ... They wer...