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Assignment代写范文:British sentencing procedures 2018-11-23

今天美国论文代写机构Fanessay小编整理了一篇Assignment代写范文--British sentencing procedures,本篇文章阐述的内容关于英国量刑程序。量刑程序是英国刑事审判的一个重要环节。推进我国量刑改革,更好地实施宽严相济的刑事政策,提高量刑的公开性和透明度,实现量刑的公正与平衡,具有重要意义。量刑程序的关键是量刑控制。量刑上的巨大差异会导致对同一罪行的不同处罚。但是,如果量刑控制过于严格,法官的“裁量权”就会受到限制,使具体的案件得不到具体的判决,失去针对性。在处理量刑控制问题上,英国采取了多种方法,可以说是多层次、多向的,限制了法官的“裁量权”,保证了法官量刑的合理性和公正性。

 

The sentencing procedure is a very important link in the British criminal trial. It is of great significance to promote the sentencing reform in China, better implement the criminal policy with leniency and severity, enhance the openness and transparency of sentencing, and realize the justice and balance of sentencing.

 

Sentencing procedures in our country, in terms of the present judicial demand, or a "soft rib", in sentencing practice, more or less the existence of the judges' discretion to exercise the insufficient standard, conviction and sentencing, sentencing process problems such as insufficient open, transparent, to result a few cases of sentencing as unfair, sentencing reform.

 

Sentencing process is a very important link in British criminal trial, draw lessons from the benefits of the sentencing process, to promote the reform of China's sentencing, enhance sentencing of openness and transparency, ensure sentencing justice, make the fair law enforcement, implement the idea of justice for the people, the justice of sentencing balance, maintain social fairness and justice, has important significance.

 

The sentencing procedure in Britain is carried out after the defendant has made the guilty defense or is considered guilty after the trial. If the criminal has made the innocent defense during the trial of conviction, the judge has been familiar with the facts of the crime, and does not need to repeat the criminal situation. Do is guilty plea, but if the criminal accused is a general introduction of crime fact, including the occurrence of crime, the severity of the crime, the criminal repentance performance, etc, but the prosecution is not allowed to put forward to judge the specific sentencing suggestion, also can't comment on sentencing, can only offer some compensation, confiscated and a fine, and the requirements of the relevant evidence.

 

After specifying the facts of the crime, the complainant will list in court the criminal's previous conviction, the circumstances of his sentence and a "risk assessment". Generally speaking, these situations are prepared by the police before this, which includes the basic information of the criminal: such as age; Record of formal schooling; Work experience; Family environment; Living income and expenses and so on. To make the judge further understand the overall situation of the criminal and prepare the information for the sentencing assessment, while the "risk assessment" is to assess the possibility of the criminal's future re-implementation of the crime. At this stage, the defense may object to any circumstances provided by the prosecution, and the judge must hear the evidence for any objectionable content.

 

At this stage, the defense lawyer spoke on behalf of the defendant, the cause of the criminal crime, criminal behavior to explain to the court, these explanations, confused good for criminal sentencing of all things, or is likely to convince the judge of delinquents from lightly, basically will be involved, including: criminal of repentance; The character of the criminal; Be fond of; Criminal record; Personal relationships; Living habits; Working environment; Medical condition and psychological condition. Finally, defense lawyers will recommend an appropriate sentence to the court at the end of the report.

 

After hearing the defense attorney's request for a reduced sentence, the judge usually makes the decision in court. In the course of a trial, if there is a dispute between the two parties about a particular situation, the court must be adjourned to consider further information. At the same time of sentencing, the judge must give an explanation of the reasons for sentencing, clearly indicate his view on the actual facts of the crime and consideration of leniency, and state the relevant legal provisions on which the sentencing is based.

 

The court of appeal, founded in 1964, has played an outsize role in controlling sentencing. The court adopts the method of "guidance of judgment", and USES judgment to stipulate the method that judges should adopt in the process of sentencing. For example, drug crime, rape crime and so on, each kind of case has the detailed stipulation, quantified the sentencing standard, has provided certain basis for the judge to exercise "the discretion".

 

The British judicial research council regularly organizes seminars, asking judges who hear criminal cases to attend seminars of 4-5 days every four years and one day every year to reach some consensus on the sentencing of some cases through research discussions.

 

Bring together professionals from different fields, including judges, teachers and some administrators with extensive experience in the judicial field, to form an advisory group to study and design measures of sentencing.

 

In accordance with the relevant provisions of British criminal proceedings, the prosecution shall not make specific sentencing recommendations to the judge, but may request the court to consider the offender's violation of probation, conditional release or probation order, and draw the judge's attention to the limitation of sentencing rights and the prevention of sentencing that is inconsistent with the law. The defense has the power of suggestion for sentencing, and the criminal can make a request for sentencing. The two sides restrict each other, restrict each other, antagonism is fierce, make judge keeps neutral in sentencing.

 

The criminal trial in Britain is divided into the conviction part and the sentencing part. In the process of conviction, the judge does not consider the circumstances of sentencing, but only in the precondition of judging the evidence of conviction, the criminal conviction; In the process of sentencing, the judge comprehensively considers the relevant situation of the criminal, comprehensively grasps the case, and measures the punishment that the criminal should receive. The close connection of these two stages, that is, it plays the role of fighting crime and investigating criminal responsibility objectively and impartially, and it also achieves the social effect of caring for human nature and saving and reforming criminals.

 

Before the sentencing, the probation committee shall make a criminal report to provide necessary preparation for the sentencing; In the process of sentencing procedure, both the prosecution and the defense take active actions. The defense has the power to recommend a lighter sentence, while the prosecution has the power to draw the judge's attention to the sentencing. After the sentencing decision, the judge must state the opinion and consideration of making the sentencing decision, and explain the legal norms and the articles quoted, so as to prevent the abuse of "discretion" by the judge.

 

Consider in the sentencing stage, the judge is not only a "crime", also includes "other", the plot from the characterization of the defendant to health, from the psychological situation to income, from SINS before the plot to the plot, and so on, after almost covers all aspects of life, the defendant by means of the plot, the judge can social harmfulness of crime, personal and degree of risk, the feasibility of commutation, etc., formed a relatively comprehensive judgment, so as to make appropriate decision.

 

The key of sentencing procedure is to control the sentencing. A large difference in sentencing will result in different punishments for the same crime. However, if the sentencing control is too strict, the "discretion" of the judge will be limited, so that the specific case can not get a specific sentence and lose its pertinence. In dealing with the issue of sentencing control, the UK has adopted various methods, which can be said to be multi-level and multi-directional, restricting the "discretion" of the judge and ensuring the rationality and fairness of the judge's sentencing.

 

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