RE: Should the prosecutors be able to advise judges on sentencing? I did Law 20 years ago at QUT. Im a rusty nail, but sharp. Perhaps there is some merit in the involvement of the prosecutor in an advisory role on the sentencing of the accused upon conviction. Im referring to the District and Supreme courts. The Crown prosecutor has a tremendous, researched, thought through knowledge of the person/s on trial, to the point of profiling and preparing to strategically cross examine. That could be utilised. Also, the Prosecutor has gone where no judge or jury has been outside of the court room: to the victim or family of such. They know the personal impact of the crime. That can be distorted in the witness box. Herein lies insight. Great lengths are gone to in the preservation and upholding of the legal rights of the accused. This could be an equaliser. A possible follow through effect, if effective could be a decrease in the burden on the Appeals process. It is certainly a question worthy of scrutiny.
Posted on: Fri, 14 Mar 2014 04:22:45 +0000
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