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Criminal Procedure - Chapter 19 - Coggle Diagram
Criminal Procedure - Chapter 19
Introduction
General aims and principles
Minimum sentence
The sentence discretion
Reasonable and judicially
The factors
Traditional position
Recognition of victim
Theories of punishment
Prevention
Rehabilitation
Deterrence
Reconciliation - ubuntu (restorative justice)
Retribution - primary goal of punishment
Advantages of discretion
Differences of fact
General principles
Independence
The accused and sentencing
Other factors (battered wife syndrome)
Aggravating factors
No remorse
Brutality
After effects: victim
Previous convictions
Abuse of trust
Premediation
Mitigating factors
Premediation
Abuse of trust
First offence
Remorse
Youth
Employed (breadwinner)
Remorse
Deviance from minimum sentence
Substantial and compelling circumstances mean truly convincing reasons. There must not be marginal differences in personal circumstances or degrees of involvement
Suspended and postponed sentences
Minimum sentences can never be suspended in full
Sentencing options
Committal to a treatment center
A fine
Imprisonment
Correctional supervision