Compulsory Sentencing Essay, Research Paper
No grade of persecution composite on the portion of the Northern Territory Chief Minister, Mr. Denis Burke, can alter the fact that the decease of a 15-year old Aboriginal, Johnno Warramarrba, is a consequence of the district s Draconian condemning Torahs. Peoples will rub their custodies with hilarity and state Burke s got blood on his custodies because of compulsory sentencing, Mr. Burke said. It was the lowest of the low to propose that Mr. Warramarrba had died because of compulsory sentencing, he complained. Mr. Burke is incorrect on both counts. No 1 is rubbing their custodies over the decease of the young person, who did non hold adequate bid of the English linguistic communication to understand the system that jailed him, whose parents were dead and whose defender, his grandma, was ill in infirmary ; and the calamity has everything to make with Torahs that put people in gaol for fiddling offenses in this instance the larceny of $ 90 worth of pens, pencils and pigment. If it were non for compulsory sentencing, which allows magistrates and Judgess no discretion, it is most improbable that this male child would hold been in prison.
Since it introduced compulsory condemning Torahs which are besides in force in Western Australia the NT authorities has systematically ignored unfavorable judgments by human rights groups that the Torahs are excessively inflexible, unnecessarily harsh and racially prejudiced. Although the Federal
Government has the power to blackball territory Torahs, the Prime Minister, Mr. Howard, has so far refused to step in in order to turn over them. If any good at all can come from such a calamity, it might be that the indignation of this male child s decease could coerce a alteration of bosom. The Torahs put Australia in breach of two United Nations conventions. The state s Judgess, legal administrations and kid public assistance groups are pressing the Federal Government to turn over the Torahs. The Government should step in without hold. It should besides look at whether its duty to international human rights conventions allows it to utilize its external personal businesss powers to dispute the Torahs in WA every bit good.
Johnno Warramarrba is the first individual to decease under compulsory sentencing and the danger is that because Aboriginal people are affected so disproportionately he will non be the last. There is no grounds that these Torahs have the coveted consequence of cut downing the offense rate. Even if the did, there is no topographic point for them in any state that purports to hold a humane and civil juvenile system. The NT Law Society president, Mr. Jon Tippett, described the decease of this male child as a twenty-four hours of shame for all territorians. It is besides, by extension, a twenty-four hours of shame for all Australians. The remainder of the universe is already looking askance at us because of these Torahs, but even more of import is the manner we see ourselves. They must be overturned.