Legal Essay

673 words - 3 pages

Assess the effectiveness of the criminal trial and sentencing processes in balancing the rights of the victims, offenders and society in the criminal justice system.
The New South Wales Criminal trial and sentencing process is adequate in balancing the rights of the victims, offenders and society. The options are stipulated in the Criminal Procedure Act 1986, the Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 and the Crimes (sentencing procedure) Act 1999 which features the use of charge negotiation, rehabilitation, mitigating factors and intensive correct order.
In the criminal trial process plea bargaining provides the offender a choice to plead guilty or not-guilty, which is encouraged by the NSW DPP and is mentioned under the Criminal Procedure Act 1986 – Section 99. Charge negotiation usually involves receiving a lesser charge in exchange for a higher charge being withdrawn or could lessen the sentence. In the R v Perry [2011] the offender pleads guilty early in the case; which had effectively showed her remorse, her acceptance of responsibility for the crime and had saved the courts time and the costs that are involved in criminal trial cases; the victim Mr Gibson has been noted to after hearing the evidence and her plea the victim had conveyed to the crown that he had believed Ms Perry’s remorse was true and that he desired for her not to suffer lifelong consequences for the accident. With expenditure on criminal courts’ administration being roughly $570 million in the 2006-2007 year, with increasing numbers of offenders pleading guilty in the first instance the cost for criminal proceedings annually should slowly decrease therefore resulting in money being used in other avenues which would be more beneficial for the community. Having this option provides positive outcomes for all affected; the offender is in most cases rewarded for not wasting the courts time which can alter their sentence or their charge; for victims it takes away the pressure of testifying and being cross-examined and essentially provides them peace of...

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