Newspaper Review (4)

Date : 12 December 2008
Title : More sentencing leeway for judges propsed
From : The Straits Times (prime.news A1)
Summary
WIDER RANGE OF OPTIONS
-Mandatory Treatment Order : Go for psychiatric treatment in lieu of jail term
-Short Detention Order : Low-risk offender to undergo one-week detention
-Day Reporting Order : Offender to report to a centre regularly and to be electronically tagged
-Community Work Order : Up to 40hours of community work similar to the Corrective Work Order for litterbugs
-Community Service Order : Offenders aged 16 and above to work with voluntary welfare organisations for up to 240hours
-Conditional Discharge : Expand the maximum period from 12 to 24 months to allow courts to specify conditions such as mandatory treatment as a requirement

Jail terms and fines should not be the only sentences judges can impose on those who commmit less serious crimes. The Law Ministry thinks judges should have a wider range of sentencing options, including ordering offenders to get psychiatric treatment, etc. One radical propsal is for what it calls a Short Detention Order: a week's jail for low-risk, first-time offenders. Such alternatives would fit the wider range of crimes now prevailing, includinganti-social behaviour such as disputes between neighbours. The proposals are also a response to growing recognition that some crimes are a result of mental disorders which can be treated more fully now.

Recent years have seen changes that have given judges more sentencing options. More importantly, they allow for offenders to be punished adequately without disrupting their family life or causing the loss of their jobs. The ministry said the different options should not br "overly stigmatising and disruptive", nor would they compromise public safety. And only offenders that commit less serious crimes will be eligible. Community involvement would also keep the offender active in society and reduce the risk of his mixing with hardcore convicts. Consultant psychiatrist Brian Yeo said having the courts order psychiatric treatment in lieu of imprisonment would make those with mental conditions less afraid of pleading guilty. Also, some offenders who are jailed for a week or two may come out more bitter than when they went in.

Other proposed changes include giving additional powers to magistrates to impose stiffer sentences, and to the police to use lehtal force to prevent terrorist acts. Another proposal aims to give criminal lawyers more access to statements and evidence gathered by prosecutors ahead of a trial. The ministry is proposing that the courts can order the prosecutions to compensate those against whom "frivolous or vexattions" charges have been brought.

Reflection
Personally, I think that judges, by having a wider range of options to punish the offenders, have both pros and cons. The advantage is that, the offenders, when being punished, will not lose their jobs and it will also not disrupt their family life. The disadvantage is that only those who had committed less serious offence are eligible for it and they may repeat their mistakes again after being released as they think that the punishment is too lenient, although some of them will reflect and turn over a new leaf. But I think that the mandatory treatment order is a very good way to let those with mental disorder to plead guilty. But some people may take the chance to act as if they are having mental disorder, to make their own punishments more lenient. So I think that jail terms and fines are better in a way that they can stop people for committing offences as they might be afraid to go to jail or be fined.

KaiXin