Achieving " balance " in judging crime !

A leading judge has pointed the finger at a strange anomaly that arises from mandatory sentencing laws. He was handing down sentence on a man who bit off part of another man's ear during a street brawl.   Had the offender been under the influence of drugs or alcohol he would have automatically received a harsher sentence.   Because he was sober, he was less guilty in the eye of this legislation.

Judge Paul Condon asked :  " How could it ever be acceptable to argue an offender who is not intoxicated with alcohol or drugs should be considered less criminally culpable than one who is ?

" Mandatory criminal sentencing will prevent the courts to do what the community expects.  That is to hand down sentences that are right and just in the circumstances."

Judge Condon does have a point !    Justice is depicted outside many courts in the form of a blind woman holding the sword of vengeance in one hand - and the scales of balance in the other.   It is those scales of balance that seem to be tilted by mandatory sentencing laws.

Judges walks a fine line when arriving at a sentencing decision.   The facts of the matter have been argued over by the prosecution and the defence but there are many extraneous issues to be taken into account. Just what sort of person is the accused ?    What will the affect of a custodial sentence have on others within that persons orbit  ?   What are the chances that mercy may provide a dividend by way of an altered lifestyle that benefits society ?

When the sentence is written up in the media it is purely the bald facts that are presented, and the prevailing public attitude often colours the manner in which they are described.   Politics play a big part in swaying public opinion - and judges do sometimes get it badly wrong.   A person given light treatment who spectacularly re-offends throws the harsh light of public outrage on the entire spectrum of sentencing procedures.

So it was with what was originally called a " King Hit " and is now described as a " Coward Punch ".  The death of two innocent young men viciously assaulted by drunken strangers stirred public anger and provoked the politicians to action.     The outcome - was mandatory sentencing laws !

Hopefully, reprieve still exists in the appeals courts.   Manifestly extreme sentences - or sentences that fail to meet community standards can be reviewed and brought into line.    The judicial system with it's over lapping avenues of appeal must have precedence over mandatory sentencing laws to allow exceptional circumstances to prevail.

Such are the checks and balances that structure our entire legal system !