...probation system. Imagine all those people moving through our criminal Justice system, judges have caseloads after caseloads of work. That is why the criminal justice system has created a process to keep everything running, as it should and assuring that justice is served. There are several different phases in the criminal justice process. Even after the offender is convicted of a crime, the process keeps moving forward. After an offender has been convicted of the crime, in other words, found guilty, he now faces the sentencing phase of the process. During this phase, the offender is brought before the court so that the offender’s...
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...In 2015, after the Illinois Governor Bruce Rauner had attended several Summit of Hope Events which are put on IDOC and Illinois Department of Public Health( IDPH), he signed a executive order to create the Illinois State Commission on Criminal Justice and Sentencing Reform. “The Illinois State Commission on Criminal Justice and Sentencing Reform will review of the State of Illinois current criminal justice and sentencing structure, sentencing practices, community supervision, and the use of alternatives to incarceration, including, but not limited to, a review and evaluation of”( Illinois Executive Order 15-14): • “The existing statutory provisions by which an offender is sentenced to or can be released from incarceration; • The existing statutory...
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...THE STATE OF NEW YORK -V- Neil Caffrey | Submitted to: Honorable Dean Cane New York County Criminal Court100 Centre Street New York, N.Y. 10013 | | Anndrew Dean | 8/10/2011 | After completing the presentencing report, prepare a two (2) page, no less, case summary and recommendation(s) based on the selected charge(s) and potential sentence(s). Use the sample presentence report as a guide. | In this particular case of robbery in the second degree, my client Neil Caffrey was a participant. He has plead guilty to this charge knowing the consequences of his action. He cooperated with the police and the courts, and after being processed and sent to Riker’s Island was released on his own recognizance. The courts saw his behavior and deemed him fit for release. Since his release he has complied with the terms of the court to return on his scheduled court dates and has continued to do so even up to this point of sentencing. Mr. Neil Caffrey is a young man who has dealt with much hardship in his life. He is 16 years of age and currently in Thomas Edison Vocational and Technological High School. Up until recent events he maintained a 98.8 grade point average. Approximately one year ago my client’s father passed away. This...
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...Racial Disparities in America’s Judicial System The mandatory imprisonment policies written for the judicial system are creating disparity of minority inmate population primarily due to non-violent drug crimes and the unjust mandatory minimum sentencing laws. America’s prisons are the most populated in the world, and they are disproportionately populated by minorities due to the set of mandatory imprisonment policies set in place. Over the past five decades, the disparity between races has widened dramatically according to the National Center on Institutions. In the 1950’s, blacks and Hispanics were the minorities in the prison system, whereas today whites are. Is this due to poverty? I’m sure poverty plays a big role in most cases. Robert Woodson Jr., president of the National Center for Neighborhood Enterprise said the reason young men engage in criminal activity is not just for money, it is to make a name for themselves, to have some expression of worth, even if the expression is self-destructive. Crack cocaine hit the streets in the early 1980’s, infesting the lower income areas. It’s a cheap drug compared to cocaine and easier to come by than some of the higher priced drugs. Is this considered racial disparity? The Sentencing Project in 2007 states that two-thirds of the regular crack users are white and Latino, 82 percent of defendants sentenced in federal court for crack offences are African-American. Criminologist William Chambliss suggest that blacks are more frequently...
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...noted earlier, nonincarceration sentences include economic sanctions, probation, and intermediate sanctions; incarceration sentences include both short-term and long-term confinement. As described in the next two chapters, short sentences are sometimes linked with an intermediate sanction, so offenders spend part of their sentence in jail or prison and part of their sentence under supervision in the community. Finally, there are sentences of death. For sentences of incarceration, indeterminate and determinate sentences are the two primary models used throughout the United States, although there are many variations for each of these. Indeterminate sentences blend the decision by the sentencing judge and a later decision by a release authority to determine the actual time served. At the time of sentencing, judges sentence offenders to indeterminate sentences, with a minimum and maximum amount of time to be served (for example, two to five years or ten to twenty years). After serving the minimum term, offenders are eligible to be released and their cases are reviewed by a parole board. The parole board determines the release date any time between the minimum and maximum sentence. If a parole board never grants parole, the offender serves the maximum sentence and then must be released. The parole decision and postrelease supervision in the community are described in Chapter 6. indeterminate sentences sentences that have a minimum and maximum time to serve; a decision by a release authority...
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...Any person who commits a crime has to do the time, even if that time is in jail, participating in community service, or being confined to specific limits through house arrest. Sentencing a criminal their time of punishment is reasonable, it’s the amount of time these convicts are being sentenced under mandatory minimum sentencing that is the root of the problem. Mandatory minimums have been sparking controversy throughout America for quite some time. These sentences have been seen as the most outrageous sentencings for nonviolent criminals. This problem raises a major question: Should criminals charged with nonviolent crimes be given mandatory minimum sentences? Mandatory minimum sentences are sentences that require a criminal, convicted...
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...Mandatory Minimum Sentencing A Review of Literature With America's recently increasing problem with illegal substances; a war on drugs has erupted. American drug use has exponentially grown over the last 60 years, causing law enforcement agencies to crack down on drug use, trafficking, abuse and possession. President Nixon stated that the United States' War on Drugs was "public enemy number one" (Jarecki, Barnes, 2013). In response to this growing issue, the United State's criminal justice system began sentencing criminals to jail for a "mandatory minimum" period of time in drug related offenses. With hopes of making a dent in the drug war and of taking the guess work out of sentencing, the courts adopted the law. These longer more harsh sentences have had a positive outcome on the war on drugs. It has helped by getting offenders off the streets and the substances out of the hands of Americans. The criminals that are being sentenced to these long terms deserve the time they are given because they chose to break the U.S. law and came into contact with illegal controlled substances. By giving these mandatory minimum sentences, the criminals are off the streets and away from the pressures of drugs and crime where they used to live, and have the chance to regain a new life through prison rehabilitation. The mandatory minimum sentences are given not only to help punish criminals individually, but also to help the judicial system by way of giving the judges a guideline and a standard...
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...issues of mandatory sentencing have been affecting the prison forecasts, tax revenue, over-crowding in prisons, as well as flooding the court systems and backlogging cases. Mandatory prison sentences take the discretion away from prosecutors, as well as judges. An Inmate who is sentenced under a mandatory sentence does not qualify for early release, good time while in prison, and in most cases, the offender is not required to complete any supervision after release, due to the fact that he or she has fulfilled the obligations of his or her sentence. Several states, including the State of Oregon, have introduced legislation to reform their mandatory minimum sentences. With budgetary constraints in the volatile economy, the government cannot afford to continue to incarcerate individuals without the ability to modify sentences, supervision, etc. How courts are affected by mandatory minimum sentences Congress, as well as some of the state legislations introduced mandatory sentences in the 1970s and 1980s. These mandatory sentences forced the court system to hand down fixed prison sentences to those convicted of certain criminal acts. The lawmakers felt by enacting these sentences then it would help in the battle against the drug trade and hopefully prevent individuals from entering. However, while it did assist the courts in certain areas it has also been detrimental to the court system. According to "Prisonpolicy.org" (n.d.), the mandatory sentencing laws did six things they...
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...United States for quite a few years now. There is no certain cause for the overcrowding in our prisons, however there are many suspected reasons believed to be causing the overcrowding. In order to really begin fixing the problem, concern must be given to each and every one of these causes. Overcrowding in prisons is a serious issue because it affects millions of people in the U.S., not just prisoners, but taxpayers and prison staff as well. Illinois, in particular, is suffering from overcrowded prisons quite severely. Nearly every prison in the state is overcrowded. In order to solve this increasingly serious problem, many steps must be taken to begin prison reform and to begin living in a country in which the way we punish our criminals makes more sense and is more effective than how it is today. Everyone seems to know someone that is in prison these days, whether the person has committed a serious, violent crime, or just got caught up in the wrong place at the wrong time, they still end up in some sort of prison facility. In fact the U.S.’s rate of incarceration is 455 people per every 100,000 people (Smolowe, 1994). To put that in perspective, it is the highest rate of incarceration compared to any other country in the world. Even South Africa, our close second, only imprisons 311 people per ever 100,000 (Smolowe, 1994). Due to the harsh punishment of imprisonment for even the most minor of crimes, the United States has been facing a difficult issue of...
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...Noah Messersmith English Comp 101 4/14/14 Persuasive Essay First Draft Did you know that due to mandatory minimum sentencing, the U.S. federal prison populations have almost grown 800 percent in the last three decades? What is mandatory minimum sentencing you ask? Well it is the set sentencing that is given to someone that the judge cannot shorten because it is a set time and they can’t shorten it, even for extenuating circumstances (“What Are Mandatory Minimum Sentencing Laws”). The U.S. Supreme Court should review the mandatory minimum sentences, weigh the positives and the negatives, look at the possible advantages and disadvantages, and then do what they need to do to enforce what they decide. Although many people are for mandatory minimum sentences and think that they are fine and don’t need to be refined and changed, there are many reasons why they should be shortened. One reason is that it will make the prison system is overpopulated and it will make it a safer place for the inmates and for the prison guards. It will make it safer for the inmates because there won’t be as many inmates in there for long periods of time and they don’t have to worry about their safety as much because right now, there are so many inmates that the guards are losing some of their control over them. It will make it safer for the prison guards because they won’t have as many people to look over and they will feel like they have more power and authority because they won’t feel as overwhelmed...
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...The 1970s saw an increased popularity in cocaine use. Although President Nixon declared a “War on Drugs” in 1972, overall American sentiment toward cocaine in the 1970s was rather indifferent. A 1977 Newsweek article reflected this feeling: “taken in moderation, cocaine probably causes no significant mental or physical damage and a number of researchers have concluded that it can be safer than liquor and cigarettes when used discriminately.” Many viewed the drug as the “marijuana of the 1970s” and relatively few felt that cocaine posed any real threat. Cocaine, an extremely expensive drug at the time, was often associated with ambitious young businessmen and glamorous celebrities, which helped to fuel its popularity, as well as propagate the notion that cocaine was a harmless and enjoyable drug. Freebase cocaine, the purified form of powder cocaine, was also used throughout the 1970s, although it enjoyed much less popularity. As with powder cocaine, the users of freebase tended to be rich, middle class and white. Freebase was produced by “cooking” powder cocaine in a number of steps, one of which included ether, a highly combustible liquid. The resulting process was extremely pure, but never became particularly widespread due to the tricky process to make it and the danger of fire and explosion. The simplicity of making crack was a major factor that led to crystallized cocaine becoming more widespread in the 1980s. Powder cocaine use declined in popularity in the middle...
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...743 of every 100,000 people behind bars (Levin 2013). On the other hand, Canada, our northern neighbor only has 113 per 100,000 of its citizens in prison (Levin 2013). So the question is, what really is behind the high incarceration rate in the United States? The difference is substantial and cannot be ignored; the incarceration rate in the U.S. is nearly 6.5 times larger. This is a staggering statistic and begins to raise some valid concerns, could it be that the United States court system is structured in a way that unfairly treats criminals? Or could it be that people in the United States just commit more crimes per capita than the rest of the world? The latter doesn’t seem like a plausible explanation, the United States and Canada are so similar it almost seems unrealistic to assume that the crime disparity could be so wide. That leaves us with the idea that the United States court systems unfairly treats criminals or just treats criminals harsher than any other developed country in the world. This thought is certainly very frightening and should be a concern for every United States citizen. Even though most people are good, law-abiding citizens, sometimes these good people make mistakes and when this happens they should face consequences appropriate for the crime that they committed. Giving someone a long sentence in prison for what would be considered a minor crime in other developed countries is cruel and unjust. It goes against what America stands for; freedom, the land...
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...prisoners is increasing because of mandatory minimums, which is requiring more funding from the states. The major issue associated with mandatory minimum sentencing is that it has increased imprisonment, but it has not reduced the crime rate, especially in drug related cases. Position Statement Mandatory minimum sentences have increased imprisonment, which has cost the states more money. Having mandatory minimum sentences has not reduced crime and therefore, is not effective. It should not be repealed completely, but there need to be certain adjustments made according to what crimes and type of involvement with crimes require mandatory sentencing. The U.S. Senate is considering two bills that would revise the federal sentencing laws in the case of mandatory minimum sentences. The Justice Safety Valve Act of 2013 expands the existing sentencing “safety valve” by allowing a judge to depart downward from any mandatory minimum, if the court finds that it is necessary to do so in order t avoid imposing an unjust sentence. The Smarter Sentencing Act of 2013 applies only to non-violent drug crimes and would permit a district judge to issue sentences without regard to any mandatory minimum if the court finds that the defendant meets certain criminal history requirements and did not commit a disqualifying offense. Although the Smarter Sentencing Act takes...
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...Desiree’ Smith World Literature, Heffernan Research Outline April 13, 2012 What should be done about racial disparities in the sentencing of criminals? I. Thesis Statement: Racial disparities in the sentencing of criminals is a problem in contemporary society and it must be solved II. Topic Sentence HB: It is necessary to examine the history and background of racial disparities in the sentencing of criminals before considering possible solutions. A. In 1964 Congress passed the Civil Rights Act prohibiting discrimination in employment. Yet today, three out of every ten African American males born in the United States will serve time in prison, a status that renders their prospects for legitimate employment bleak and often bars them from obtaining professional licenses. In 1965 Congress passed the Voting Rights Act. Yet today, 31 percent of all black men in Alabama and Florida are permanently disenfranchised as a result of felony convictions. Nationally, 1.4 million black men have lost the right to vote under these laws. Congress also passed the Immigration and Nationality Act, which sought to eliminate the vestiges of racial discrimination in the nation's immigration laws. Yet today, Hispanic and Asian Americans are routinely and sometimes explicitly singled out for immigration enforcement. In 1968 Congress passed the Fair Housing Act. Yet today, the current housing for approximately 2 million Americans – two-thirds of them African American or Hispanic – is a prison...
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...justice system. FAMM has been a gateway to become proactive within my own community as far as taking action and reaching out to U.S. senators. The Smarter Sentencing Act is a bill that would cut mandatory minimums in half, make more defendants eligible for the “safety valve”, and make crack cocaine sentencing reforms retroactive. The safety valve is a two-point reduction that allows an individual to come down from a mandatory minimum and be eligible for a sentence along the federal guidelines. This is only one of many suggestions that would help save taxpayers money, reduce the federal prison population, and result in fairer sentences for non-violent first time offenders. There are three main categories that can trigger a mandatory minimum. The most common penalty for mandatory minimums applies to drug trafficking. Under this statute the minimum must be met if there is a particular type of drug that exceeds a certain amount, a sale to someone under the age of 21, the employment of an individual under the age of 21, and/or occurring within 1,000 feet of a school zone. The second most common is a consecutive mandatory minimum sentence when there is possession or use of a firearm in connection with certain underlying offenses. The third and most frequently applied mandatory minimum is triggered by a defendant’s prior criminal history (18 U.S.C .924 (c)). There are two possible ways to avoid a mandatory minimum sentence; one is “substantial assistance” and two is the “safety valve”...
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