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Community Sentence
Community sentence or alternative sentencing or non-custodial sentence is a collective name in criminal justice for all the different ways in which courts can punish a defendant who has been convicted of committing an offense, other than through a custodial sentence (serving a jail or prison term) or capital punishment (death). Traditionally, the theory of retributive justice is based on the ideas of retaliation (punishment), which is valuable in itself, and also provides deterrent. Before the police, sentences of execution or imprisonment were thought pretty efficient at this, while at the same time removing the threat criminals pose to the public (protection). Alternative sentences add to these goals, trying to reform the offender ( rehabilitation), and put right what they did ( reparation). Traditionally, victims of a crime only played a small part in the criminal justice process, as this breached the rules of society. The restorative approach to justice often includes a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Justice
Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other crimes, and moral support for victims. The primary institutions of the criminal justice system are the police, prosecution and defense lawyers, the courts and the prisons system. Criminal justice system Definition The criminal justice system consists of three main parts: #Law enforcement agencies, usually the police #Courts ,accompanying prosecution and defence lawyers #Agencies for detaining and supervising offenders, such as prisons and probation agencies. In the criminal justice system, these distinct agencies operate together as the principal means of maintaining the rule of law within society. Law enforcement The first contact a defendant has with the criminal justice system is usually with the police (or ''law enforcement'') wh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summary Offense
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offences are referred to as summary conviction offences. As in other jurisdictions, summary conviction offences are considered less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines. These offences appear both in the federal laws of Canada and in the legislation of Canada's provinces and territories. For summary conviction offences that fall under the jurisdiction of the federal government (including all criminal law), section 787 of the Criminal Code specifies that, unless another punishment is provided for by law, the maximum penalty for a summary conviction offence is a sentence of 2 years less a day of imprisonment, a fine of $5,000 or both. As a matter of practical effect, some co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Probation
Probation in criminal law is a period of supervision over an offence (law), offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such as suspended sentences. In others, probation also includes supervision of those conditionally released from prison on parole. An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. During the period of probation, an offender faces the threat of being incarcerated if found breaking the rules set by the court or probation officer. Offenders are ordinarily required to maintain law-abiding behavior, and may be ordered to refrain from possession of firearms, remain employed, participate in an educational program, abide by a curfew, live at a directed place, obey the orders of the probation officer, or not leave the jurisdiction. The probationer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parole
Parole, also known as provisional release, supervised release, or being on paper, is a form of early release of a prisoner, prison inmate where the prisoner agrees to abide by behavioral conditions, including checking-in with their designated parole officers, or else they may be rearrested and returned to prison. Originating from the French word ('speech, spoken words' but also 'promise'), the term became associated during the Middle Ages with the release of prisoners who gave their word. This differs greatly from pardon, amnesty or commutation of sentence in that parolees are still considered to be serving their sentences, and may be returned to prison if they violate the conditions of their parole. It is similar to probation, the key difference being that parole takes place after a prison sentence, while probation can be granted in lieu of a prison sentence. Modern development Alexander Maconochie (penal reformer), Alexander Maconochie, a Scottish geographer and captain i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Corporal Punishment
Judicial corporal punishment is the infliction of corporal punishment as a result of a sentence imposed on an offender by a Court, court of law, including Flagellation, flagellation (also called flogging or whipping), forced Amputation, amputations, caning, Foot whipping, bastinado, birching, or Strapping (punishment), strapping. Legal corporal punishment is forbidden in most countries, but it still is a form of legal punishment practised according to the legislations of Brunei, Iran, Libya, the Maldives, Malaysia, Saudi Arabia, Singapore, the United Arab Emirates, Yemen, and Qatar, as well as parts of Indonesia (Aceh province) and Nigeria (northern states). Countries where judicial corporal punishment is used Singapore's use of Caning in Singapore, caning as a form of judicial corporal punishment became much discussed around the world in 1994 when a United States citizen, Michael P. Fay, Michael Fay, was caned for vandalism. Two of Singapore's neighbouring countries, Caning in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Probation
Probation in criminal law is a period of supervision over an offence (law), offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such as suspended sentences. In others, probation also includes supervision of those conditionally released from prison on parole. An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. During the period of probation, an offender faces the threat of being incarcerated if found breaking the rules set by the court or probation officer. Offenders are ordinarily required to maintain law-abiding behavior, and may be ordered to refrain from possession of firearms, remain employed, participate in an educational program, abide by a curfew, live at a directed place, obey the orders of the probation officer, or not leave the jurisdiction. The probationer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Injunction
An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable remedy of the "interdict". "When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers."'' Nken v. Holder''556 U.S. 418, 428 (2009) (citation and internal quotation marks omitted). A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court. Rationale The injunction is an equitable remedy that was created by the English courts of equity. Like other equitable remedies, it has traditionally been given when a wrong cannot be effectively remedied by an award of money damages. (The doctrine that reflects this is the req ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Order
A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case. A court order must be signed by a judge; some jurisdictions may also require it to be notarized. A court order governs each case throughout its entirety. If an individual violates the court order, the judge may hold that person in contempt. Content The content and provisions of a court order depend on the type of proceeding, the phase of the proceedings in which they are issued, and the procedural and evidentiary rules that govern the proceedings. An order can be as simple as setting a date for trial or as complex as restructuring contractual relationships by and between many corporations in a multi- jurisdictional dispute. It may be a final order (one that concludes the court action ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Electronic Tagging
Electronic tagging is a form of surveillance that uses an electronic device affixed to a person. In some jurisdictions, an electronic tag fitted above the ankle is used for people as part of their bail or probation conditions. It is also used in healthcare settings and in immigration contexts. Electronic tagging can be used in combination with the global positioning system (GPS), but for short-range monitoring of a person that wears an electronic tag, radio frequency technology can be used. History The electronic monitoring of humans found its first commercial applications in the 1980s. Portable transceivers that could record the location of volunteers were first developed by a group of researchers at Harvard University in the early 1960s. The researchers cited the psychological perspective of B. F. Skinner as underpinning for their academic project. The portable electronic tag was called ''behavior transmitter-reinforcer'' and could transmit data two-ways between a ''base stat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Suspended Sentence
A suspended sentence is a sentence on conviction for a criminal offence, the serving of which the court orders to be deferred in order to allow the defendant to perform a period of probation. If the defendant does not break the law during that period and fulfills the particular conditions of the probation, the sentence is usually considered fulfilled. If the defendant commits another offence or breaks the terms of probation, the court can order the sentence to be served, in addition to any sentence for the new offence. Australia In Australia, suspended sentences are commonly imposed in order to alleviate the strain on overcrowded prisons. For example, an individual may be sentenced to a six-month jail term, wholly suspended for six months; if they commit any other offence during that year, the original jail term is immediately applied in addition to any other sentence. As of 1 September, 2014, suspended sentences no longer exist in Victoria, and in its place are community corr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Curfew
A curfew is an order that imposes certain regulations during specified hours. Typically, curfews order all people affected by them to remain indoors during the evening and nighttime hours. Such an order is most often issued by public authorities, but may also be given by the owner of a house to those living in the household. For instance, children are often given curfews by their parents, and an au pair is traditionally given a curfew by which time they must return to their host family's home. Some jurisdictions have juvenile curfews which affect all persons under a certain age not accompanied by an adult or engaged in certain approved activities. Curfews have been used as a control measure in martial law, as well as for public safety in the event of a disaster, epidemic, or crisis. Various countries have implemented such measures throughout history, including during World War II and the Gulf War. The enforcement of curfews has been found to disproportionately affect margina ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Arrest
House arrest (also called home confinement, or nowadays electronic monitoring) is a legal measure where a person is required to remain at their residence under supervision, typically as an alternative to imprisonment. The person is confined by the authorities to their residence. Travel is usually restricted and may require prior approval. Since the introduction of electronic tagging a person under house arrest may be monitored electronically, and their movements are typically tracked. House arrest is also used in some cases for individuals convicted of minor offenses. In certain situations, such as in authoritarian regimes, house arrest may be used to restrict the freedom of political governments against political dissidents, sometimes limiting or monitoring their communication with the outside world. If electronic communication is allowed, conversations may be monitored. There is much criticism of the effectiveness of house arrest. History Judges have imposed sentences ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
