Sentencing the multiple offender : judicial practice and legal principle
This study examines the approach of Victorian judges to the determination of sentence for an offender convicted of multiple offences. Given that a substantial percentage of criminal cases involve a multiple offender and that the majority of offences are committed by repeat offenders, the sentencing of such offenders is a matter of significant public policy interest. The study is based on qualitative interviews with a group of Victorian County Court judges, an analysis of sentencing data on rape, armed robbery and burglary from Victorian County Court records, and a legal review of High Court decisions and Victorian Court of Appeal decisions. The study examines the way judges apply the totality principle in sentencing multiple offenders; whether sentences imposed these cases conform to the principle of proportionality; and whether proportionality, in respect to the multiple offender, can be expressed as a detailed policy, with associated guidelines. The empirical work undertaken in this study indicates that there is a need to develop a more detailed and comprehensive set of sentencing principles and an associated numerical framework for guidance.
Toulmin-Based Computational Modelling of Judicial Discretion in Sentencing
A number of increasingly sophisticated technologies are now being used to support complex decisionmaking in a range of contexts. This paper reports on work undertaken to provide decision support in the discretionary domain of sentencing by referring to a recently created Toulmin argument based model that involves the interplay and weighting of relevant rule-based and discretionary factors used in a decisional process. Judicial discretion, particularly in the sentencing phase, is one of the mainstays of justice systems that favour individualised justice. The study discusses the modelling process in Victorian courts in Australia, where the handing down of an appropriate custodial or non-custodial sentence requires the consideration of many factors. Tools and techniques used to capture relevant expert knowledge and display it both as a paper model and as an online prototype application are discussed.
La inseguridad jurídica en normas de contratación estatal
It is established by different studies that the issue of government procurement has been marred by several factors, the test objective to publicize these factors, we take as starting point the constant conflict between the branches of government to try and organize this subject; will collect and analyze diverse regulatory and case material in order to achieve evidence and demonstrate the different concepts of constant change that produces excessive regulation of the subject procurement and is in turn causing rapid changes that result in legal uncertainty for our law on the Contract Status.