Mandatory Sentencing Term paper

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No degree of persecution complex on the part of the Northern Territory Chief Minister, Mr. Denis Burke, can change the fact that the death of a 15-year old Aboriginal, Johnno Warramarrba, is a result of the territory s draconian sentencing laws. People will rub their hands with glee and say Burke s got blood on his hands because of mandatory sentencing, Mr. Burke said. It was the lowest of the low to suggest that Mr. Warramarrba had died because of mandatory sentencing, he complained. Mr. Burke is wrong on both counts. No one is rubbing their hands over the death of the youth, who did not have enough command of the English language to understand the system that jailed him, whose parents were dead and whose guardian, his grandmother, was ill in hospital; and the tragedy has everything to do with laws that put people in jail for trivial offences in this case the theft of $90 worth of pens, pencils and paint. If it were not for mandatory sentencing, which allows magistrates and judges no discretion, it is most unlikely that this boy would have been in prison.

Since it introduced mandatory sentencing laws which are also in force in Western Australia the NT government has consistently ignored criticisms by human rights groups that the laws are too inflexible, unnecessarily harsh and racially discriminatory. Although the Federal Government has the power to veto...

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