scholarly journals Juror and community views of the guilty plea sentencing discount: Findings from a national Australian study

2020 ◽  
pp. 174889582095670
Author(s):  
Kate Warner ◽  
Caroline Spiranovic ◽  
Lorana Bartels ◽  
Lynne Roberts ◽  
Karen Gelb
Keyword(s):  
Public Opinion ◽  
Willingness To Accept ◽  
Child Victims ◽  
Australian Study ◽  
Guilty Verdict ◽  
Sexual Offences ◽  
Punitive Attitudes ◽  
Guilty Plea ◽  
Gender Education ◽  
Academic Debate

A plea of guilty is a long-accepted factor mitigating sentence in many countries, including Australia, although academic debate over the merits and application of the discount is ongoing. This paper presents findings from a national Australian study on public opinion on the guilty plea sentencing discount, with a particular focus on sexual offences. Survey data were drawn from 989 jurors in cases that resulted in a guilty verdict and 450 unempanelled jurors and 306 online respondents who were provided with vignettes based on real cases. A third of the respondents would have supported a discount in their case if the offender had pleaded guilty. In contrast, more than one half of the respondents surveyed, who had received a vignette with a guilty plea scenario, supported an increment in sentence if the offender had gone to trial. There was more support for a discount in cases involving non-sexual violent offences versus sexual offences and adult versus child victims. Where a discount was supported, this most commonly was a reduction in the length of custodial sentence, with online respondents allocating the least generous discounts. Willingness to accept a sentencing discount was predicted by a range of variables including gender, education, punitive attitudes, offence type and offence seriousness. We conclude by considering the implications of our findings for sentencing law and practice.

Right to Protection against Sexual Abuse and Exploitation

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Sexual Exploitation ◽  
Commercial Sexual Exploitation ◽  
Child Victims ◽  
Sexual Offences ◽  
Minor Children ◽  
Marriage Laws ◽  
Education Act ◽  
International Instruments

Child sexual abuse and exploitation covers the sexual maltreatment of both children and young people. Part A deals with child sexual abuse (CSA) in India, its magnitude, and child sexual abuse in institutions. It deals with the national legal regime relating to CSA including the constitutional provisions, Juvenile Justice Act, 2015 and Protection of Children from Sexual Offences Act, 2012 (POCSO). Law reform relating to some provisions in POCSO, child marriage laws, Right to Education Act and, and child victims and witnesses is recommended. Part B deals with commercial sexual exploitation and trafficking of minor children in the context of organized exploitation for commercial gain. The Indian laws dealing with commercial sexual exploitation and pornography are included. Important judgements and international instruments dealing with child sexual abuse and exploitation and the important role played by NGOs and government in dealing with cases of CSA and exploitation are included.

Measuring jurors’ views on sentencing: Results from the second Australian jury sentencing study

2016 ◽  
Vol 19 (2) ◽  
pp. 180-202 ◽  
Author(s):  
Kate Warner ◽  
Julia Davis ◽  
Caroline Spiranovic ◽  
Helen Cockburn ◽  
Arie Freiberg
Keyword(s):  
Public Opinion ◽  
Mixed Method ◽  
Guilty Verdict ◽  
Criminal Trials ◽  
Mass Public ◽  
Public Opinion Surveys

This paper presents the results of the Victorian Jury Sentencing Study which aimed to measure jurors’ views on sentencing. The study asked jurors who had returned a guilty verdict to propose a sentence for the offender, to comment on the sentence given by the judge in their case and to give their opinions on general sentencing levels for different offence types. A total of 987 jurors from 124 criminal trials in the County Court of Victoria participated in this mixed-method and multi-phased study in 2013–2015. The results are based on juror responses to the Stage One and Stage Two surveys and show that the views of judges and jurors are much more closely aligned than mass public opinion surveys would suggest.

scholarly journals Perceptions About Sexual Offenses: Misconceptions, Punitiveness, and Public Sentiment

2016 ◽  
Vol 30 (2) ◽  
pp. 254-273 ◽  
Author(s):  
Laura L. King
Keyword(s):  
Public Opinion ◽  
Sex Offenders ◽  
Sexual Offending ◽  
Punitive Attitudes ◽  
The Public ◽  
Sexual Offenses ◽  
Public Sentiment ◽  
High Level

Decades of research on public opinion about crime reveal varying, yet relatively punitive attitudes that are often riddled with misconceptions. Sparked by the increased media and legislative attention devoted to sex offenders beginning in the 1990s, researchers began to more closely examine public opinion about sexual offenses. Findings suggest the public adheres to several misconceptions about sexual offenses and supports harsh sanctions for offenders. However, further research is warranted to more closely examine the relationships among these variables. Thus, the goal of the present study was to survey Pennsylvania residents to examine the degree to which misconceptions about sexual offenses inform punitiveness. The results supported the hypotheses in that a high level of support for misconceptions and punitiveness was identified, and adherence to misconceptions was the strongest predictor of punitiveness. These findings demonstrate a clear need for educational and awareness efforts to dispel public misconceptions about sexual offending and victimization.

scholarly journals Public opinion on age stereotypes during the COVID-19 pandemic

2021 ◽  
Vol 4 ◽  
pp. 29-32
Author(s):  
Gabriella Sandstig
Keyword(s):  
Older Adults ◽  
Public Opinion ◽  
News Media ◽  
Cognitive Abilities ◽  
Risk Group ◽  
National Sample ◽  
Age Stereotypes ◽  
The Public ◽  
Gender Education ◽  
The Media

The news media can both mirror age stereotypes held by the public, as well as contribute to constructing or amplifying them. The first risk group identified in the pandemic was older adults. They are generally not so visible in the media, but during the pandemic, they were in focus. This study analyses to what extent the public agrees with age stereotypes during the COVID-19 pandemic and what characterizes the groups that hold them. Survey data from 04/14/20-06/28/20 on a national sample (6000) of the population of Sweden is used. The results, contrary to the expectation that stereotypes of older adults should dominate the public opinion, rather the stereotype of younger people not distancing themselves enough is the most common. However, the corresponding stereotype of older adults not doing the same is the second most common. In a non-crises situation, the most common stereotype of older adults is that they have poor cognitive abilities. However, this stereotype is rare during the pandemic. The characteristic of the group that agree with the stereotypes are that they are young rather than old. There are also differences by gender, education and residential area, but they vary depending on the specific age stereotype in question.

scholarly journals Court support workers speak out: Upholding children’s rights in the criminal justice system

2016 ◽  
Author(s):  
Loraine Townsend ◽  
Samantha Waterhouse ◽  
Christina Nomdo
Keyword(s):  
Sexual Abuse ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Children's Rights ◽  
Children’S Rights ◽  
Child Victims ◽  
Sexual Offences ◽  
Rights Of The Child ◽  
Victims Of Sexual Abuse

The prevalence of sexual offences against children in South Africa continues to be among the highest in the world. The quality and accuracy of a child’s testimony is often pivotal to whether cases are prosecuted, and whether justice is done. Child witness programmes assist child victims of sexual abuse to prepare to give consistent, coherent and accurate testimony, and also attempt to ensure that the rights of the child are upheld as enshrined in the various laws, legislative frameworks, directives and instructions that have been introduced since 1994. We draw on information from two studies that sought the perspectives of court support workers to explore whether a child rights-based approach is followed in the criminal justice system (CJS) for child victims of sexual abuse. Findings suggest varying degrees of protection, assistance and support for child victims of sexual abuse during participation in the CJS. The findings revealed that the rights of children to equality, dignity and not to be treated or punished in a cruel, inhuman or degrading way were undermined in many instances. Finally, recommendations are given on ways to mitigate the harsh effects that adversarial court systems have on children’s rights.

scholarly journals ‘The Nation will always prevail’, Representation, participation and contestation in the Belgian Constitution of 1831

2020 ◽  
Vol 88 (3-4) ◽  
pp. 495-531
Author(s):  
Christophe Maes ◽  
Brecht Deseure
Keyword(s):  
Public Opinion ◽  
National Interest ◽  
State System ◽  
Exact Nature ◽  
General Will ◽  
The People ◽  
National Congress ◽  
The Individual ◽  
Representative System ◽  
Academic Debate

Summary The exact nature of the concept of sovereignty enshrined by the Belgian Constitution of 1831 has recently become the object of academic debate. This article takes a stand in this debate by analyzing the representative system instated by the constituent National Congress. It is argued that the congressmen attributed primacy to the legislative Chamber because it concentrated in its midst all the individual wills of the people in order to express the general will or the wish of the Nation. Importantly, though, parliament was not the only representative of the national will, neither was it considered completely self-contained. Parliament’s expression of the national will was subject to constant evaluation by public opinion. When the assembly failed to respond to popular grievances, other representatives were qualified to address the issue: the king could disband the Chamber or pronounce his veto when the national interest required it. The jury, assessing press or political related crimes, could correct oppressive governmental action. And if all of this failed – and only then – the nation could ultimately resist and take directly matters in its own hands. Thus, it is argued that the character of sovereignty in the Belgian state system was ultimately popular.

The Impact of Demographic Variables on Public Opinion Regarding Juvenile Justice: Implications for Public Policy

1993 ◽  
Vol 39 (1) ◽  
pp. 5-28 ◽  
Author(s):  
Ira M. Schwartz ◽  
Shenyang Guo ◽  
John J. Kerbs
Keyword(s):  
Public Opinion ◽  
Juvenile Justice ◽  
Demographic Variables ◽  
Juvenile Crime ◽  
African American Parents ◽  
Opinion Survey ◽  
Punitive Attitudes ◽  
The Impact ◽  
The Relationship ◽  
Racial Ethnic

This article examines data from a 1991 national public opinion survey on attitudes toward juvenile crime/justice. Specifically, it explores the relationship between demographic variables and opinions toward trying juveniles in adult courts, giving them adult sentences, and sentencing them to adult prisons. The findings indicate that a majority of typical respondents favor trying juveniles in adult courts for serious felonies. Additionally, punitive attitudes toward juveniles decrease up to a certain age, usually around 50, and then increase. Findings also show that African-American parents are more supportive of punitive juvenile justice policies than other racial/ethnic groups with and without children.

8. Inchoate offences

Criminal Law ◽  
2019 ◽  
pp. 304-354
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Criminal Law ◽  
Common Law ◽  
Legal Protection ◽  
Child Victims ◽  
Sexual Offences ◽  
Serious Crime ◽  
The Law

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses inchoate crimes. A person does not break the criminal law simply by having evil thoughts. Where, however, a person takes steps towards effecting that plan to commit a substantive offence which is more than merely preparatory, he may in the process commit one of the inchoate crimes of attempt, conspiracy, or encouraging or assisting the commission of an offence. The chapter examines relevant offences in the Serious Crime Act 2007 concerning encouraging or assisting and the Act’s abolition of the offence of incitement. It outlines the legal protection from prosecution provided to particular vulnerable victims who might otherwise be liable for encouraging others to commit offences against them, such as some child victims of sexual offences. The chapter analyses the statutory offence of conspiracy and outlines common law offences of conspiracy to defraud and conspiracy to corrupt public morals or to outrage public decency. It examines the requirements for liability for attempt. The Law in Context feature examines critically the growing range of inchoate offences for terrorist offences.

scholarly journals The Child Witness: Reconciling the Irreconcilable

1969 ◽  
pp. 327
Author(s):  
James C. Robb ◽  
Lynda J. Kordyban
Keyword(s):  
Historical Perspective ◽  
Child Witnesses ◽  
Child Victims ◽  
Child Witness ◽  
Sexual Offences ◽  
The Law

This article canvasses the issues of competency, corroboration, hearsay and confrontation with respect to child witnesses, from both a legal and humanistic perspective. The authors survey the law from a historical perspective, through to recent changes in Bill C-15, in an attempt to reconcile the rights of an accused with those of child victims of sexual offences.

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