英国essay代写:轻微罪行

2017-03-26 15:27

然而不仅仅是轻微罪行,认罪导致的向下哥德句子由地方法院。相反,刑事司法行为使得重新评估的法律环境对于更广泛的光谱请求和讨价还价。144年的法案宣布之前,最高法院判决有罪答辩,法官必须考虑“犯罪的诉讼阶段的罪犯表示他打算认罪,并给出这种迹象的情况下。,”(·纽伯2007:651),从本质上讲,相当于量刑政策通过折扣的早期认罪结果(即使在更严重的罪行)判决的减少了三分之一。这是一个巨大的激励被告认罪早期从而节省法院审判的费用除了会在一定程度上减轻相关问题在英国监狱过度拥挤。除了这个动机,有罪的被告可以进一步降低他们的句子通过求助于“辩诉交易”或“电荷讨价还价”,,再一次,减少了费用由法院并允许法官的机会通过宽松的句子或哥德社区刑罚的手段减少罪犯的数量放置的亲切关怀下状态。尽管刑事司法行为提供了大量的谩骂有罪的被告对于辩诉交易,讨价还价,更严厉的措施灌输在这个立法确保那些不服罪最终更可能面临巨额监禁的行为放弃传统的防范错误定罪。
英国essay代写:轻微罪行
Yet it is not just for minor offences that guilty pleas result in the passing down of a non-custodial sentence by the magistrates court. Rather, the Criminal Justice Act makes a point of re-evaluating the legal landscape with regards to the broader spectrum of pleas and bargaining with s.144 of the Act declaring that – before the court hands down a sentence to a guilty plea – the magistrate must take into account “the stage in the proceedings for the offence at which the offender indicated his intention to plead guilty; and the circumstances in which this indication as given.” (Newburn, 2007:651) This, in essence, amounts to a policy of sentencing ‘via discount’ with early guilty pleas resulting (even in more serious offences) in the reduction of sentencing by up to one third. This serves as a substantial incentive for defendants to plead guilty early on thereby saving the courts the expense of a trial in addition to going some way towards alleviating issues relating to overcrowding in British prisons. In addition to this incentive, a guilty defendant can further reduce their sentence via recourse to either ‘plea bargaining’ or ‘charge bargaining’, which, again, reduces the costs incurred by the courts and allows the magistrates the opportunity to pass either lenient custodial sentences or non-custodial community sentences as a means of reducing the number of offenders placed under the care of the state. Yet while the Criminal Justice Act offers plenty of invectives for guilty defendants with regards to plea bargaining and charge bargaining, the more draconian measures instilled within this piece of legislation ensure that those who plead not guilty are more likely to end up facing a hefty custodial sentence as the Act abandons traditional safeguards against wrongful convictions.