In , DPP v Tiernan [] IR , the Supreme Court strenuously resisted any attempts to dilute the sole decision making power of the judiciary by refusing to establish sentencing guidelines.
It decided that no encroachment was permitted on the independence of the judiciary to determine sentence or to exercise the discretion required to apply the principle of proportionality when deciding punishment. Changes over the next three decades would erode this position. First, the executive criminal justice agencies conveyed to the legislature that judicial decisions made in isolation were causing resources to be overstretched. Judicial decision making appeared highly punitive as the numbers of offenders being committed to prison reached a zenith in the mids.
This created an unofficial expansion of the executive prison service to effectively decide sentence length. The legislature responded to this with new legislation designed to make executive involvement in sentencing decisions more visible. Act was designed to discourage the use of short custodial sentences from being handed down at trial by requiring the court to consider referring the matter to the Probation Service first. Where the court feels that the appropriate sentence is a custodial sentence of twelve months or less, it may either recommend a Community Service Order CSO in lieu of imprisonment, or order the Probation Service to evaluate the offender for a CSO.
This referral to the executive Probation Service to assess offender suitability for the imposition of an alternative sentence is essentially a statutory acknowledgement of the growing need for executive involvement in the sentencing process. This legislation has been viewed as an acceptable infringement into the judicial domain as it remains open to a judge to impose a short custodial sentence without the necessity for justification.
In addition, the composition of the judiciary has changed. An appeals court's published ruling on the challenge becomes the law in that jurisdiction. For instance, you might have heard of the Miranda warning —the warning an officer must give suspects before a custodial interrogation to inform suspects of their constitutional rights to remain silent and consult an attorney.
The Miranda warning was named for a case brought by Ernesto Miranda who confessed to a crime after being interrogated for two hours.
Supreme Court held that his confession should have been tossed out because the police did not advise Mr. Miranda of his rights to remain silent and consult an attorney. The Miranda decision is now the law of the land. Miranda v.
Arizona , U. If you've been accused of committing a crime, you should speak a criminal defense attorney who can help you understand and protect your rights and develop a strong defense for your case. An attorney can also explain any immediate or future consequences of decisions you make, such as talking to the police, pleading guilty, and testifying at trial.
Consequences for those charged with, or convicted of, a crime can change a person's life forever. And these consequences extend far beyond arrest, trial, incarceration, and supervision. A criminal record can affect employment and educational opportunities, family relationships and stability, personal liberties, and more.
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