Question:
Describe the Pigovian tax. If Pigovian tax are imposed in the presence of negative externalities the does this create a deadweight loss? Describe a real world situation where a Pigovian tax will be applicable. Show using diagram.
Answer:
1.0 Introduction
The “Australian” countries, “Queensland, New South Wales, Western Australia and Victoria” and in addition “the Northern Territory” had passed rules that empower the “continued confinement” in jail of “dangerous sex offenders” past the end of their punishment. This turned out in a famous reaction from a “political and social” strategy point of view, with “the New South Wales” administration presently expanding its plan towards incorporating “serious brutal offenders”. This paper examines about a large number of the parts of the “Queensland's Dangerous Prisoners (Sexual Offenders) Act 2006”.
2.0 The Development of Legislation to Manage Dangerous Sexual Offenders
2.1. The reasons that contributed to the creation of the legislation On 2007, 7th of July, Australia's biggest circulated tabloid, “Melbourne's Herald-Sun”, reported a “front page” standard heading “Village of the Damned: Keeping an Eye on Our Worst Sex Monsters” accompanied with a photograph of the person. However, that man on the photograph was a familiar “sex offender” who, during the finish of his “custodial” verdict, were subjected to the nation’s recently printed “Continuing Supervision Orders”, the provisions of which might keep going for up to fifteen years along with would incorporate confinements on development, habitation, associate, accessing the web and many more (Brown, 2011). “The Village of the Damned” towards which the daily paper editorial alluded was actually the habitation of ten such people, surrounded by the “razor wire” of a territorial jail, the main area that can be establish that will together make safe their wellbeing from group “vigilantes” as well as fulfilling the “draconian” oversight necessities of a rule “the Victorian Supreme Court” had portrayed as making generally open natives “a prisoner in all but name’ (TSL v Secretary to the Department of Justice, 2006).” However instead of being exclusive or extraordinary, this rule in effect shapes division of another legislative judgment and approach. It fit together efficiently with a sequence
of additional fresh limitations and “pre-emptive” danger containments action aimed at suspected characters, the majority which remarkably which includes “terrorists” and unlawful transients, and which materializes various in the past inchoate inclinations towards amplifying correctional practices into the domain of civil danger or turmoil (McSherry & Keyzer, 2009).
3.0 Dangerous Sexual Offender Legislation
3.1. Queensland enactment In the “Queensland enactment”, the 1st of its sort within “Australia”, the “Attorney-General” might applies to the “State’s Supreme Court” for a “continuing detention” request amid the preceding 6 months of a sexual offenders tenure of detainment (Keyzer, 2009). According to “section 13”, the “Supreme Court” should be fulfilled towards a higher level of possibility that the detainee is a “serious danger to the community”, that will be, that there would be an “unacceptable danger that the detainee would commit a serious sexual offence” if discharged from detention. The “court” had a number of prudence: – it could formulate a “continuing detention order” for inconclusive detainment or a “supervision request” where the detainee is discharged from detention however is liable towards specific circumstances, for example, answering as well as accepting visitations from a remedial service’s official.
3.2. Purpose of the Act “Section 3” of the “Queensland” enactment expresses that the purpose of this “Act” are: (a) to give the “continued detention in custody” or regulated discharge of a specific group of detainee to guarantee sufficient safeguard of the society; and (b) towards giving “continued” controlling, consideration or conduct of a specific group of detainee to encourage their “rehabilitation” (McSherry & Keyzer, Sex Offenders and Preventive Detention: Politics, Policy and Practice, 2009), (Dangerous Sexual Offenders Act 2006 (WA), 2006).
4.0 Amendments to Dangerous Sexual Offender Legislation This new way to deal with “sex offenders” within “Australia” started during “June 2003” when “Queensland's Dangerous Prisoners (Sexual Offenders) Act” came into power. There is a little literatures related to this “Act” and the instance of “Fardon v Attorney General for the State of Queensland [2004], in which the legality of Robert Fardon's indefinite preventive imprisonment under the Act was maintained by the High Court”. During “2005” the “State of South Australia” made amendments to its “Criminal Law (Sentencing) Act 1988” to give comparable actions. Also, during “2006” in cooperation “Western Australia and New South Wales” reacted, proclaiming enactment that accommodated “post-sentence confinement and/or broadened supervision requests under the Crimes (Serious Sexual Offenders) Act (NSW) 2006 and the Dangerous Sexual Offenders Act (WA) 2006” (McSherry B., 2013), (Dangerous Sexual Offenders Act 2006 (WA), 2006). The “State of Victoria” initiated continuous controlling courses of action during “2005 and 2010, January”; these were supplemented through actions for sustained confinement presented within the “Serious Sex Offenders (Detention and Supervision) Act 2009”. Every of these plans accommodates extended phases of “post-sentence confinement” running from inconclusive detainment within “South Australia, Queensland and Western Australia” to “5 year (extendable)” confinements in “New South Wales” and “3 years (extendable)” time inside the “Victorian” plan. These imprisonment plans might likewise be supported by preparations for the long-lasting control and checking of criminals inside the society, for example, “the Victorian” proviso’s stated above, and throughout enactment accommodating the life span enrollment of “ex-sex” wrongdoers (www.criminologyresearchcouncil.gov.au, 2006).
5.0 Benefits and Criticisms of the Dangerous Sexual Offender Legislation
“The Courier Mail”, a tabloid daily paper situated within “Queensland”, was seen as a main strength after the opinionated choice making in that State. The apparent advantages of “indefinite sentencing over post-sentence detainment” are that it is highly straightforward and translucent. The criminal could make out at the point of verdict that they are being put on an “indefinite
sentencing” and an ostensible period is put which activates the arrangement of occasional survey. In contrast, “preventive detention” requests are prepared exactly when a wrongdoer had practically finished their actual jail sentence. The trouble is that, with no appropriate “risk assessment” on the time of “sentencing”, the “sentencing judge” might not be in a situation towards evaluating the danger that a wrongdoer might cause on their discharge. Numerous states which have “indefinite sentencing” administrations had likewise presented “preventive detention” and expanded control plans. Preferably, “indefinite sentencing” ought to take into account the early on evaluation of danger with the goal that actions could be taken towards treating the guilty party in jail in the anticipation of functioning towards their restoration (www.criminologyresearchcouncil.gov.au, 2006).
Though this is reliant on whether some preliminary danger evaluation is caught up by means of the proviso of proper projects in jail. This might not be happening for the reason that “indefinite sentences” has an ostensible period, instead of a “non-parole period”. It seems that in the practically, whilst a “non-parole period” during a traditional judgment “triggers” the proviso of the sexual offenders plan, the ostensible phase put as a component of an “indefinite sentence” doesn’t generally do as such (McSherry B, 2013). “The Queensland” enactment was observed to be legitimate by means of a dominant part of the “High Court in Fardon v Attorney-General (Qld)”.The verdict in “Fardon's” matter” was constrained towards the problem of whether “section 13” (that empowers a “continuing detention order” to be prepared) of “the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld)” presented “jurisdiction” on the “Supreme Court of Queensland” which was repulsive, or mismatched through, its honesty as a “court” (McSherry & Keyzer, 2009). The media advertising relating to the sex wrongdoer, “Dennis Ferguson” in that time subsequent to his discharge was inexorable, to such an extent that the “Australian Broadcasting Corporation's television show Media Watch” showed a portion concerning “Ferguson's demonization” through the “media”. These kinds of attention play on the people’s view that the “typical” sexual wrongdoer is a person with constrained societal abilities holding up to victimize the youthful. But, the examination in this part states that the majority of the sexual wrongdoers are well-known to their victims, and the majority doesn’t have a “psychiatric” sickness and the majority of them are never sentenced of their offenses. Three problems rose up out of the
meetings regarding the function of the “media” in the connection of “preventive detention” plans: to start with, the political claim of showing up “tough” on sexual wrongdoers (and the outcomes this had on for sex wrongdoer arrangement in those jurisdictions); furthermore, the impact of the media (especially on lawmakers, additionally as well as on the development of sexual wrongdoer administration problems); and thirdly, “misrepresentation” of the problems in question (Media Watch, 2008).