Issues Paper 27 (2006) - Sentencing and juries
Table of contents
Updates and background for this project (Digest)
1. Introduction
OVERVIEW
THIS PAPER
Submissions invited
Structure of this paper
JURY TRIALS IN AUSTRALIA
SENTENCING - GENERAL PRINCIPLES AND CURRENT PROCEDURES
The sentencing hearing
Factors judges may consider
Aggravating and mitigating factors
Victim Impact Statements
Sentencing guidelines
Purposes of sentencing
Constraints on sentencing discretion
Sentencing options
Reaching a sentencing decision
Who may have input into sentencing?
Courts
Parliament
The parties
Victims
Specialist bodies
The media and the public
The jury
2. Juries and sentencing: the current position
INTRODUCTION
RECOMMENDATIONS FOR LENIENCY
ASKING JURIES TO DETERMINE SPECIFIC FACTS RELEVANT TO SENTENCING
JURY SENTENCING IN THE UNITED STATES
Overview
Current position
Jury sentencing in capital offences
Jury sentencing in non-capital offences
Recent Supreme Court rulings
Ongoing debate
3. A more direct role for juries in sentencing?
INTRODUCTION
PUBLIC PERCEPTIONS AND SENTENCING
The importance of public opinion
Difficulty in ascertaining a “true” indication of public confidence
Research into public perceptions of sentencing
Media and public opinion
JURY INVOLVEMENT IN SENTENCING
Potential impact on public confidence
Potential impact on sentencing decisions
Potential impact on jurors
MEANS OF INVOLVING THE JURY
Clarifying the facts supporting a guilty verdict
Benefits of the proposal
Problems with the proposal
Asking the jury to express opinions following conviction
LOGISTICAL QUESTIONS
Potential for inconvenience and delay
Question of timing
Jurors’ information needs
Procedural issues
Tables
Bibliography
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