...the common law world. It is known as the ‘art of sentencing’, by taking account into all factors within a case and by applying a judicial officer’s own intuition, determining and concluding with an appropriate sentencing outcome. This sentencing methodology over time, has attracted many criticisms, as judges and magistrates may be personally biased and influenced by different cultures, which are said to have caused the inconsistency within the criminal justice system. If we are placing the importance of judicial discretion on a full spectrum, the concepts of intuitive synthesis with high importance, and mandatory sentencing marked with least, will possess their positions at...
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...Abstract This essay looks into Florida laws that prohibit predatory conduct. The state of Florida has sexual offenses codified into law and felony under the Sexual Predator Act. Some offenses under the Florida Sexual Predator Act may attract the death sentence, life in prison or fines. However, a judge may exercise discretion based on circumstances of a case when sentencing a sexual offender. However, some provisions of the Florida Sexual Predator Act are harsher than necessary. As discussed in this essay, very harsh sexual predator laws inhibit ability of sexual predators to reintegrate in the society. Thus, considerate sexual predator laws are highly encouraged. Sexual Predator Prosecution in Florida The state of Florida has statutes that define predatory conduct. Thus, the Florida Sexual Predators Act defines offenses and legal circumstances that can qualify an offender as a sexual predator. However, not all sexual offenses are designated as predatory under Florida law. What Types of Crimes are codified into Law, Misdemeanor or Felony? The criminal justice process must rely on elaborate laws that define unlawful conduct (Wright, 2013, p.4). Thus, the Florida Sexual Predators Act codifies several sexual offenses into law and felony. There are three main ways to determine if a sex offender is a predator. Generally, Florida law designates any repeat sexual offender as a predator. As per “one is enough” sexual predator offenses, a person who commits a qualifying sexual...
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...Sentencing Paper Tushar Vincent Botlero 12 March 2012 CJ/A-234 Melissa Andrewjeski Sentencing Paper Punishment has been a subject of deliberate among philosophers, political leaders, and lawyers for centuries. Various theories of punishment have been developed, each of which attempts to justify the practice in some form and to state its proper objectives. The quantity and severity of punishments were reduced, the prison system have been improved. According to the Montgomery County Correctional Facility, Maryland, some of the major reasons for punishment are to reform, deterrence, rehabilitation, compensation, and retribution. Punishment for reform is intended to benefit the offender and society by changing the offender into a contributor to society. Punishment as deterrence is intended to benefit society by discouraging would-be offenders. Punishment to extract compensation is intended to benefit the victim of the offender. Finally, retribution is the only object for punishment that is primarily intended to harm the offender. Individuals are in prison because they broke the rules and would have to serve their time. Some go to federal prison and some go to state prisons. It depends on the type of crime that a person commits because these prisons harbor different types of criminals they also have different guidelines to follow in terms to punishing the inmates. Criminal offenders who benefit from prevention services and are at risk of committing...
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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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...PRINCIPLES OF SENTENCING: TOWARDS A EUROPEAN CONVERSATION Paper delivered at Conference on “The Limits of the Criminal Law” at Leiden University, January 23, 2008 and subsequently published in Cupido (ed), Limits of Criminal Law (Nijmegen, 2008).[1] Tom O’Malley Senior Lecturer in Law National University of Ireland Galway First, I would like to extend my warmest congratulations to the students of Leiden Law School for having organised this conference. Thanks to their vision and energy, representatives from several European countries have gathered in this historic venue to discuss some key aspects of criminal law and criminal procedure. More often than not, we think of European law solely in terms of European Union law, the jurisprudence of the European Court of Human Rights or both. Needless to say, the study of European law even in this limited sense is of the highest importance given its impact on our national legal systems and our daily lives. However, growing levels of legal and political integration now demand that we broaden our vision of European law to encompass the domestic legal systems of individual European states. Some work has already begun in this regard,[2] but it is only on rare occasions such as this that we can engage in a meaningful exchange of ideas and information on areas of common concern. Criminal justice is a most appropriate and worthy topic with which to begin. In times past, sentencing would not have featured very prominently...
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...Introduction On the topic of crack and cocaine and the mandatory minimums that come along with those drugs in term of jail sentences, our group had a lot to say about the issue. The purpose of this essay is to give my specific ideas and thoughts given the multitude of topics presented by the issue. I will give my expert opinion on the topic of mandatory minimums, some lessons learned about the topic, and some of the most valuable information towards legislation regarding this topic. With so much to say about the topic, I will start with my expert conclusion of the subject. Expert conclusion The policy that my group researched was the topic of Crack vs Cocaine in regard to the mandatory minimum sentences that come along with possession of...
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...will be made available to the Colleges, although most Colleges will use only one of the three types: Essay questions; Problem questions; Comprehension questions. Whichever type of question an applicant is asked to attempt, he or she will not be expected to have any prior knowledge of the law. Please note that the specimen questions provided on this website are intended to indicate, in broad terms, the kinds of question which will be asked; they should not, however, be taken as giving any specific indication of the precise topic areas which will be covered in the Cambridge Law Test. Essay Questions What is an essay question? Essay questions typically ask candidates to consider a statement of opinion and to discuss it, giving reasons for their answer. This may be done by (as in the first question below) asking for discussion of a quotation or (as in the second question) asking a direct question. What are we looking for? Although our essay questions refer to law-related matters, as can be seen from the examples below, that does not mean that we expect, or are looking for, knowledge of the law. Applicants who have studied or are studying law (for example at A-level) will therefore not be at an advantage over others. Each question is intended to solicit applicants’ views rather than to invite the provision of factual information. In particular, our essay questions are designed to test applicants’ ability to identify and engage with the issues raised by the...
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...SOCI 2450 A Prof. Darryl T. Davies Bill C-10: Issues of Interest Nidhal Abubakar 100896803 Bill C-10: Issues of Interest Nidhal Abubakar 100896803 2015 2015 There are many issues surrounding the content of Bill C-10. This essay will examine issues that affect the criminal code and provide evidence that the Bill is not progressive for Canada to deal with crime and the judicial process. By looking at the issues such as mandatory minimum sentences and the proposition of the bill we will look at the challenges that will be faced and met. The bill also introduces eliminating conditional sentences and eliminates double credit for time already served as well as introduces changes to the Youth Criminal Justice Act to impose harsher sentences for young offenders. This essay will delve into information that will bring the various issues to light. Firstly an explanation of Bill C-10 will be provided to understand what changes will be made to the Criminal code and who it affects. The dissection of the Bill will open the dialogue for this essay for appropriating topical issues with the concept of progress in a manner that reflects the trouble that this Bill brings to Canadian society. Bill C-10 was introduced by the Minister of Justice on the 20th of September 2011. The Act includes the enactment of the Justice for Victims of Terrorism Act and amendments to the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the...
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...of criminal law. The Age of Enlightenment was the first significant movement to abolish the death penalty. Britain was very influential in America’s use of the death penalty. The European settlers that came to the new world are the one’s that brought the practice of capital punishment, death penalty. The first execution was recorded in the Jamestown Colony of Virginia in 1608. The Divine, Moral, and Martial Laws were enacted in 1612 by the Governor of Virginia, Sir Thomas Dale. The death penalty was established for minor offenses such as killing chickens, stealing grapes, and trading with Indians. It was Cesare Beccaria’s 1767 essay, On Crimes and Punishment that caused policy makers to have a different view of the death penalty. Becarria theorized that there wasn’t any justification for the state’s to take the life of a human being. The essay led to Tuscany and Austria abolishing their policy of the death penalty as a punishment for the crimes that were committed. It also gave an authoritative voice and renewed...
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...work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaška’s contribution to comparative law and the challenges faced by comparative law in the twenty first century. Crime, Procedure and Evidence in a Comparative and International Context Essays in Honour of Professor Mirjan Damaška Edited by John Jackson, Máximo Langer and Peter Tillers Published in North America (US and Canada) by Hart Publishing c/o International Specialized...
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...“Death Penalty” Furman was a poor black man living in Georgia when he broke into William Joseph Micke, Jr’s house, Mr. Micke went downstairs to investigate and saw William Furman in his house with a gun. Furman began to flee the house but tripped in the process and fired the gun accidently shooting Mr. Micke in the chest and killing him instantly. Furman was later found by the police still carrying the gun and arrested for murder. This case is known as Furman v. Georgia and was taken to the Supreme Court on the fact that the death penalty in Georgia violated the Eighth Amendment of the U.S. Constitution. This is a landmark case because “The significance of Furman v. Georgia is that this case was the first case that was ruled violating the Eighth amendment and that it halted every man on death row in the United States” (study). But before the case reached the Supreme Court the case went on trial September 20, 1968 where Furman pleaded mentally ill and insane, the court rejected his plea and found him guilty of murder. Then, Furman appealed his conviction and sentence, based on the death penalty in Georgia violating the Eighth Amendment of the U.S. Constitution . The Eighth Amendment says the federal government may not use "cruel and unusual punishments” (Henson). The case was later tried in the Supreme Court January 17, 1972. The justices who won majority and reversed the case were William J. Brennan, Jr., William O. Douglas, Thurgood Marshall, Potter...
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...Melissa Maitland Professor Hubert American Government 23 November 2015 Where Does the Law Stop For years the insanity defense has turned into a difficult defense system in the court of law. The exact law changes from state to state, but the main idea remains the same. The insanity defense could apply and be used on an individual who is considered legally insane. The individual must have a severe mental disease or defect, their lawyer must prove that they were at the time of the crime. We need to abolish the insanity plea and make the death penalty the law of the land again. An individual accused of a crime can pled guilty that they committed the crime, or argue that they are not responsible for it because of a mental illness. “Not guilty by reason of insanity.” There’s an important distinction between pleading guilty by reason of insanity and diminished capacity. Diminished capacity is pleading to a lesser crime. Pleading insanity is a full defense to a crime, it’s equivalent to pleading “not guilty.” The insanity defense is a compromise on part of society and the law. Society believes that criminals should be punished for the crimes they committed and society believe that people who are ill should receive treatment for their illness. When we talk about the insanity defense, we go to the M'Naghten rule. The M'Naghten rule is the required test that must be given before the jury can decide whether the individual on trial knew that he or she could not tell right from...
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...Conflicts You Feel May Exist With The Principles Of Human Rights And Natural Justice. The aim of the question stated is to discuss how the New Labour Government has responded in terms of preventing children and young people from engaging in criminal behaviour and entering the youth justice system. In order to answer this statement the essay shall explore the various legislations implemented in an attempt to prevent youth criminality, discussing any conflicts that exist with the principles of Human Rights and Natural Justice. In Britain there are two types of Law, firstly Statutory Law, which are Acts of Law passed by the Parliament. Whereby the Parliament must check its consistency with the 1998 Human Rights Act (the HRA). The HRA ‘introduced European Convention on Human Rights into English Law’ (Crawford & Newburn; 2003: p16). The UN Standard Minimum Rules for the Administration of Juvenile Justice include: ‘The best interests of the child are paramount; judicial proceedings should be avoided where possible; any intervention should be kept minimum; police, prosecution or other agencies should be able to dispose of cases at their discretion; criminalizing and penalising young people should be avoided unless there is serious damage or harm to others; legal assistance should be prompt and free of charge’ (Crawford & Newburn; 2003: p16). The second type is Common Law; this is whereby nothing is passed through Parliament, the majority of the Law has evolved by custom, its...
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... and a gradual thought of reformation of criminals started budding. Revenge the retaliation was no longer the chief aims, the law had to the larger mission than to coerce the criminal and force him by severity to mend his ways.1 Probation is one of the ways for reformation of criminals. The word Probation is of Latin origin, and is derived from the Latin word ‘probatio’. It means to test, to prove and to try. It means “a system of proving, or examining, investigation and supervising a child brought to court for treatment. It is a definite follow system for court cases with developing technique. But it is more than that. It is a mission actuated by the highest ideals of human helpfulness and social services towards those in need.”2 This essay will critically examine whether the Probation of Offender’s Act, 1958, an Indian Statue which was passed by the Indian Parliament to provide opportunities and guidance to young and first offenders instead of committing them to jail, has met its...
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...It Takes A Nation Of Millions To Hold Us Back: The War on Drugs, Mass Incarceration, and a Call to Action for America's Black Youth By Carl L. Young An Alternative Plan Paper Submitted in Partial Fulfillment of the Requirements for the Degree Master of Science In Sociology: Corrections Minnesota State University, Mankato Mankato, Minnesota Spring 2013 Final Draft 4/20/2013 1 This Alternative Plan Paper has been examined and approved by the following members of the Examining Committee. _____________________ Dr. Leah Rogne, Advisor _____________________ Dr. William Wagner _____________________ Dr. Penny Jo Rosenthal _____________________ Dr. Nadarajan Sethuraju ________________ Date 2 Abstract This alternative plan paper examines the circumstances that have evolved as a result of the Reagan Administration’s War on Drugs and the increase of mass incarceration of the Black community. In the last thirty years, the federal government of the United States of America has engaged in campaign known as the “War on Drugs,” which has involved a variety of policies to stop the production, distribution and sale of illegal narcotics. Hundreds of billions of dollars have been spent in a war that has targeted the most vulnerable in our society, impacting its youth for generations to come. This alternative plan paper addresses the impact of the War on Drugs and the criminal justice policies that have impacted the life chances of Black youth nationwide and calls for a new social movement...
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