Posted on January 6, by Scott Alexander [Epistemic status: Content warning for discussion of suicide, murder, and race] I. There was a mass shooting — this time, in San Bernardino, California.
The matters referred to in this subsection are in addition to any other matters that are required or permitted to be taken into account by the court under any Act or rule of law.
The court is not to have additional regard to any such aggravating factor in sentencing if it is an element of the offence. Section 21A does not purport to codify the law in the area of the aggravating and mitigating factors that can be taken into account at sentence: The language employed is very broad: The risk of error increases if a judge feels obliged to go through those factors as a task that is independent from the general sentencing exercise of identifying objective and subjective features that are relevant to the sentencing discretion.
Judges should make it clear in their sentencing remarks if the Crown does not assert that there is an aggravating feature present, so a failure to take into account an aggravating factor would be difficult to argue on a Crown appeal against adequacy of the sentence.
Section 21A 2 has a limited role to play where there is a guideline judgment for a particular offence at The guideline judgments are offence specific.
There will be few, if any, aggravating or mitigating features to take into account once the specific offence-related matters have been considered. They are designed to encourage transparency, ensure procedural fairness and avoid double counting.
See further Opportunity of addressing the court on issues at [ ]. What is required is for the court to making findings about the factor in accordance with the evidence: The obligation to give reasons requires a sentencing judge to identify which matters have been taken into account: It is also important to give reasons why aggravating factors adverse to the offender have been made: It is incumbent upon a court, however, to express whether a factor has actually been taken into account: Where an aggravating factor is found to apply to one or more offences, but not all, it must be indicated in respect of which offence or offences the aggravating factor is taken into account: A general or overall reference to which aggravating factors apply may lead to error where some of the factors do not apply to all of the offences for which the offender is being sentenced: Section 21A 2 was not intended to extend the categories of aggravating factors recognised by the common law at the time the section was created: The court should always give attention to the words used to describe any aggravating factor, the policy rationale behind it and the fact that the Crown is to prove a matter of aggravation beyond reasonable doubt: In cases where the aggravating factor is an element of the offence or may be thought to be an inherent characteristic of offences of the kind for which sentence is being passed the judge should explain why the factor is present in the particular case before the court: Direct double counting of an element of the offence There are numerous cases to illustrate direct double counting.
However, a court is entitled to have regard to the nature and extent of the company and the manner in which the presence and behaviour add to the menace of the occasion. These matters are relevant to the seriousness of the offence charged. Suffice to state, it is only possible to achieve a correct result if clear findings are made by the sentencer.
The court must consider any differences in the language used to describe the element of an offence and the description of the particular aggravating factor in question: Elyard v R at , . For the application of this subsection to specific offences see: Section 61M 1 Crimes Act provides for a separate offence of greater seriousness, of which one of the available circumstances of aggravation is that the offence is committed in company.
The applicant was not charged with the more serious offence and the sentencing judge was required to limit his consideration of the surrounding circumstances so as not to punish the applicant as if he had committed the more serious offence. The common law has long recognised that people in certain occupations work under a degree of risk.
The fact that the victim is a police officer is treated as an aggravating factor: The absence of a weapon is not a matter of mitigation: Where the assailant has used his or her hands instead of a weapon it does not follow that the offence is necessarily less serious than if a weapon was used: This subsection was amended by the Crimes Sentencing Procedure Amendment Actproviding the additional text in parentheses.Violent Crime And Its Effects On Society - From these studies, it appears that late-night drinking on the weekend represents a particular time of risk for violence related crime and that many high crime establishments occur in close proximity.
The Problem of Gun Violence Among Serious Young Offenders. This guide addresses serious youth gun violence, describing the problem and reviewing factors that increase the risks of it.
Do some research, speed doesn't cause accident, people with poor driving skills and people not paying attention cause accents.
Exceeding the speed limit simply makes the government, police department, and depending where you live the insurance company more money. Unleashing the Cops to Reduce Crime Rates - In the fifth chapter of Walker’s book, he discusses the idea that we can reduce crime rates if we “unleash” cops and give them more capabilities, deter future crimes through more severe punishments, and that we should lock .
where d stands for the decision to commit the crime (d=1) or not (d=0).. In the empirical section of the paper, we estimate a model in which the dependent variable is the national crime rate and the explanatory variables are a number of national economic and social characteristics.
Several people have left comments pointing out that this is not necessarily surprising or unfair, since blacks are also disproportionately likely to be involved in violent crime in the US, thereby.