...the U.S. Supreme court where they affirmed in part, reversed in part and remanded. Issue: 1) Was the evidence sufficient to support a conviction of homicide by arising from a residents’ death while acting as an administrator? 2) And was the evidence sufficient to support conviction of twelve counts of abuse of nursing home residents? Answer: 1) Yes 2) No Holding: 1) The evidence was not sufficient to support a conviction of homicide by arising from a residents’ death while acting as an administrator 2) The evidence was sufficient to support conviction of twelve counts of abuse of nursing home residents. Brief Statement of Facts: Defendant Stephen Serebin and owners of “Glendale” were charged with one count of homicide by reckless conduct and fifty-eight counts of abuse of inmates, for incidents that occurred December 20, 1975- June 30, 1976. Serebin was the administrator at Glendale nursing home from 1973 to 1977. The homicide charge was from an incident on February 7, 1976. A resident of Glendale, Bruno Dreyer, wandered out of the nursing home unseen and died from exposure to the cold. The charges of abuse stemmed from various residents who lost weight and developed bedsores. Serebin was the administrator and was held responsible for failing to provide a sufficient staff and an adequate diet for the residents of Glendale, and for the death of Bruno Dreyer. The Circuit Court found Serebin guilty of homicide and twelve counts of inmate abuse...
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...PRELIMINARY STATEMENT Stephen Richards respectfully submits this Memorandum regarding his re-sentencing. The purpose of this submission is to highlight pertinent developments in the lives of Mr. Richards and his family members in the four years since the Court originally imposed a sentence of 84 months imprisonment. Mr. Richards has been incarcerated for 43 months. He has earned all available “good time” credit, which brings his total time served to 49 months. Certain events since his incarceration were unanticipated at the time of sentencing, and others demonstrate Mr. Richards’ rehabilitation to an extraordinary degree. These events are described below and are fleshed out in greater detail in letters and related documents contained in a separately-bound collection of Sentencing Letters and Supporting Materials. We respectfully ask the Court to weigh these intervening developments when fixing a term of incarceration that is “no greater than necessary” to achieve the factors listed in 18 U.S.C. § 3553(a). We respectfully submit that under all the circumstances the statutory purposes of sentencing would be satisfied by a sentence of 60 months. BACKGROUND Beginning in the mid-1980s, the corporate headquarters of Computer Associates International, Inc. (“CA”) instituted a fraudulent practice of premature revenue recognition. The so-called “35-Day Month” involved keeping CA’s books open for several days after a quarterly reporting period...
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...Paper Jessica Cantu University of Phoenix Introduction to Corrections CJA 234 Jeffery Newton November 12, 2011 Federal Prison Comparison Paper There are different kinds of state prisons are: supermax, maximum security, close-high security, medium security, minimum security, and open security. Supermax prisons are permanent lockdown. Maximum security prisons are usually older, larger, walled facilities. They also have the most rigorous security procedures and the lowest inmate to guard ratio. Close-high security are a kind of maximum security but less restrictive and the inmate to guard ratio is a bit higher. Medium security prisons are smaller and newer, and have double fences instead of walls. These prisons also have dorm or pod housing rather than cells; however, the inmate to guard ratio is a bit higher. Minimum security prisons are also newer and smaller as well as minimal perimeter security and fewer internal controls. Again there is an even higher inmate to guard ratio and the inmates live in rooms or dorms and have more privacy and amenities than those in other prisons. Open security prisons are better known as nonsecure facilities; work release centers, prerelease centers, and halfway houses. These facilities have no armed guards and no fences (Foster, 2006). John Gotti John Gotti grew up in poverty but quickly rose in prominence, and was one of the crime family's biggest earners. Soon he became the boss of the most powerful crime family in...
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...correctional facility but if it is a federal offense you will be set to a federal correctional facility which will each have a different level of security based on how extensive the crime is that you committed. Here is an example of a variety of different federal penitentiaries. General Manuel Noriega, former Panamanian Dictator from 1983 to 1989. Noriega is no ordinary man, after High School he had military preparation at Chorizos Military Academy in Peru. In 1962 graduated with an engineering degree. In 1967, he received counterintelligence training at the School of the Americas at Fort Gulick, when it was located in the U.S. Army base in Panama. Later he was also trained in psychological operations at Fort Bragg, North Carolina. From the 1950s to the 1980s he worked with the CIA, being under its payroll most of this time. Noriega captured in 1990 in Panama by the U.S. Forces. The reasons for his arrest were drug trafficking, racketeering and conspiracy. He was sentenced to 30 years in prison but later reduced to 17. Correctional move for Noriega A) Federal Correctional Institution, Miami; where he received all...
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...who are in prison have many state and federal laws which says that all prisons must provide medical facilities for all inmates’ health care needs. In this paper, will identify one governmental agency that regulates healthcare that is provided in prisons, jails, and juvenile confinement facilities in the United States, as well as the foundation of the agency, and who actually regulates the licenses, certifications, accreditations, and also authorizations for the employees who work in these facilities. A governmental agency that regulates prison health care is the Federal Bureau of Prisons (BOP) which was created in the early and had been approved by the president then Herbert Hoover. The main headquarters is located in Washington D.C. and also branches throughout the United States. BOP is known as a subdivision of the United States justice department and is responsible for administration of federal prisons. Its main purpose is to provide more compassionate and open minded care to federal inmates in the United States prisons. In agreement with state and federal laws the federal bureau of prisons is responsible for insuring all medically needed health care is provided to each inmate. One negative aspect that the federal bureau of prisons is responsible for is going with all judicially mandated federal executions, which includes lethal injections to the inmates who had been sentenced to death for a certain crime they had committed (BOP, 2014). BOP helps to protect all of...
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...crimes and prisons have become overcrowded. Even though overcrowding in prisons is a problem, the state and federal prison systems are effective because they punish those who break the law and they keep the rest of society safe. The state prison systems have been around for more than 200 years, and there use is to confine inmates who will be serving time for more than one year. The jails in use were to confine inmates with no regard of their well being and they were dirty. However, all this changed with the first state prison opening in the late 1700s and it was the Walnut Street Prison in Philadelphia. The Walnut Street Prison design and the way it was run was to keep prisoners in solitude so they could reflect back on what they had done. Because this prison kept the inmates in solitude and did not offer work programs in the beginning, inmates did not have a chance for rehabilitation. The Quakers believed solitude would be the rehabilitating factor. However, compared to other prisons before Walnut Street Prison, this prison seemed to be not only safer for the inmates but also cleaner. This new prison had a traditional layout of large rooms for the inmates (Johnston, PhD, 2010). All of this has changed except...
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...Jail and Prisons Comparison Paper Jose Salmeron CJ234 July 8, 2014 University of Phoenix Jail and Prisons Comparison Paper Jails and prisons they are all the same. Actually a jail and a prison are different in many ways. A jail is considered the most misunderstood segment of the correctional system. Out of all the correctional components in the in the United States, a jail is the oldest. Jail house individuals who have just been arrested, awaiting sentence, or have been sentenced to only a few months. Throughout the history of corrections, jails have had a major role. Like jails state and federal prisons have had their own history as well. Although jails, stated and federal prisons all hold criminals, there are some similarities and differences between the three. Today the population of the correctional have grown since the first institutions were established. The original reason for a jail was to detain offenders, who were awaiting trial. As history has shown the role of jails have changed throughout time. Jails are the most underrated component of our criminal justice system. The role a jail has within the correctional system, can be considered the most important. Jails are correctional facilities that operated locally. Meaning a jail is ran by a city or the county. A jail serves a variety of functions, and also hold a variety of offenders. Individuals awaiting trial, sentencing, or pending arraignment, are held in a jail. Violators of bail, probation...
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...Paul C Federal Bureau of Prisons-Reentry One very important function of the corrections system is to assist inmates that are up for release from federal prison. Assistance is given by connecting these individuals to outside organizations for assistance. These organizations help to reduce recidivism rates. “The BOP contracts with residential reentry centers (RRCs), also known as halfway houses, to provide assistance to inmates who are nearing release. RRCs provide a safe, structured, supervised environment, as well as employment counseling, job placement, financial management assistance, and other programs and services. RRCs help inmates gradually rebuild their ties to the community and facilitate supervising ex-offenders' activities during this readjustment phase.” There are basically five general services provided by (RRCs.) (1) Accountability- Daily counts are conducted to all residence. A resident is only authorized to leave by sign out procedures, and only approved activities are accepted. These are for recreation, counseling, looking for employment and working. These approved activities are constantly monitored by RRC staff members. Individual’s that return to their RRC facility may be given a random drug/alcohol test. (2) RRC staff members help residence locate employment opportunities in their local communities. ” offenders are expected to be employed 40 hours/week within 15 calendar...
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...W. Va., known as "Camp Cupcake." It is called that because it is a very low security prison and your time spent there should be easy. The West Virginia federal correctional facility is located in the hills of the Allegheny Mountains; this prison is more than 400 miles south of Stewart's Westport home. Martha Stewart wanted to go to a prison closer to her home so she could be close to her elderly mother. The low security facility was opened in 1927 as the first federal prison for women, Martha wasn’t the first big name to spend time at the facility. The prison once housed Billie Holiday, as well as Lynette Fromme and Sara Jane Moore. Both of these women tried to assassinate President Gerald Ford. The prison has no perimeter fence, and inmates can spend their free time playing volleyball and tennis or even doing aerobics. So that explains why they call it “Camp Cupcake”. Regardless of Martha Stewart's great talents as a lifestyle entrepreneur and trendsetter, prison guards watched Martha Stewart like a hawk to make sure she didn’t receive special attention or conduct any business while she was behind bars. Michael Milken is a convicted junk bond financier that was sentenced to ten years in a minimum security prison in the San Francisco Bay area in 1991. Milken...
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...Control (CDC, 2013) adults from the ages of 18-64, 21.3%, do not have any type of health insurance. 64.2% have private insurance and 15.9% have public insurance. Specifically looking at the California Department of Corrections 100% of all inmates are 100% covered with health care requirements. Currently there are approximately (Onishi, 2013) 120,000 inmates in the 33 California Prisons and the average cost is $16,000 a year per inmate with a state budget of $2 billion dollars. It is absolutely unbelievable to comprehend the situation. In a recent article by KPBS (Faryon, 2010) they identified that Richard Lauranzano an inmate at California Medical Facility, Vacaville, one of 35,000 inmates serving a life sentence learned he had stage 4 non-hodgkins lymphoma. Richard Lauranzano now states "The prison system saved my life. They sent me to outside hospitals, they never hesitated. I went through extreme chemo. And I beat it," said Lauranzano. (Faryon, 2010) stated last year, the state spent $500 million on outside hospital visits for inmates -- about 25 percent of its total health care budget. What is even more astonishing is that a federal judge put a receivership in place in 2006, after a court ruled California prisons were so over-crowded inmates did not have proper access to health care and mental health services -- a violation of their constitutional rights. To put it in perspective...
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...Comments on Chapter 7 Lock ‘Em Up! Why do We Lock “Em Up?” Goals: Incapacitation: Physically prevent offenders from committing additional crimes against society. Retribution: (just Deserts). Offenders need to pay for their crimes. Deterrence: You understand this from the previous chapter. Rehabilitation: The ‘forgotten’ goal. Restitution: The offender “compensate” the victim, victim’s family of community for the crime. It can be community service or money for property crimes. In the case of murder and violent offense it can be apologizes and/or convincing remorse for their crimes. They help the victim forgiveness is healthier than anger. This is often referred to as Restorative Justice. Types of Incarceration Jails (city and county level): They confine those awaiting trail and those serving ‘short’ sentences. Depending on the state sentences can range from a maximum of one year (NY and NJ) to five years (PA). Approximately 50% of those in jail are bail eligible (they simply cannot afford – you only need to post 10%). Generally conditions in jails are much worse than prison. They tend to be Under-funded, under-staffed, people coming and going, high staff turnover, people coming off the street with drug/alcohol/mental conditions, and far fewer activities. Prisons: State custody, more serious offenders with longer sentences. Prison have far more resources than jails. The Incarceration Binge Causes 1, Three Strikes/Mandatory Minimums:...
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...over 15 state jails. Among these facilities 30% of incoming inmates in 2011 were sentenced for drug offenses. While serving time in Texas prisons, some inmates resume their illegal drug activity for many reasons and refuse rehabilitation. Oddly enough, “the state of Texas has one of the lowest drug treatment admission rates, but one of the highest incarceration rates in the country” (Dunklee, Leete, J.D., & Renaud, M.S.S.W, 2013). These facts express how drug activity, both in and out of prison, is an ongoing dilemma. Rehabilitation programs are offered but inmates cannot be forced to open up to such teachings. The system serves as a revolving door for illegal drug use and trade. There are many reasons why people become involved with illegal drug activity behind bars. One of the most popular reasons why inmates continue to break the law is because of money. Statistics show that over 58% of men incarcerated in Texas are fathers. Assuming that most inmates lie about such facts on government surveys, it is estimated that the true number of incarcerated men who have children is much higher. “These men are used to selling drugs, or other such fast money schemes. To think that they will be satisfied with a high school diploma and the financial security it offers is ludicrous” (Schneider, 2011). Families are left with the financial burden of their household, therefore, struggling to survive economically. Most inmates prefer the risk of illegal drug trade, even while doing time...
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...difference. Martha Stewart In 2004, Mrs. Stewart was sentenced to five months of federal prison for lying to investigators about a stock sale. She was sent to Alderson Federal prison camp to serve a portion of her sentence. The Prison she was sent to was founded in 1927. It was the first women prison in the United States. It was established for the basic purpose of rehabilitating women criminals. It is a minimum-security prison in 159-acre facility. It has the capacity to hold 1050 prisoners, which has no barbed wire on the fences surrounding the camp and the prisoners have schedules and each one must work. Most who are sentenced here have committed white-collared crimes and non-violent crimes. The inmates there sleep in bunk beds in two large dormitories. These quarters hold 500 plus inmates. It also “Follows a punitive rather than a rehabilitative model.” Ivan Boesky Ivan Boesky was an American stock trader that was found to be involved in a scandal related to insider trading, which occurred in Wall Street in 1980s. For his scandal he was sentenced to serve a 3 and half years sentence and was also fined with an amount of $100 million dollars. He was sentence to serve his time in Lompoc Federal Prison. There are four facilities that make up this prison, such as: Federal Correctional Institution (low security), United States Penitentiary...
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...of all involved can be formulated and delivered. The United States has less than 5% of the world’s population, but boasts the overwhelming figure of almost a quarter of the world’s prisoners (Liptak 1). With nearly 2.3 million bars, one in 100 American adults is locked up. “Criminologists and legal experts here and abroad point to a tangle of factors to explain America's extraordinary incarceration rate: higher levels of violent crime, harsher sentencing laws, a legacy of racial turmoil, a special fervor in combating illegal drugs, the American temperament, and the lack of a social safety net” (Liptak 1). Another crucial point is that U.S. sentences are longer and more harsh than the rest of the industrialized world. This is devastatingly true, especially in regards to the drug war. The shocking rise in the feminization of the U.S. prison system is linked to the punishments for non-violent offenses. The Women’s...
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...offensive words or create pedestrian and vehicle traffic. The students were arrested after they declined to disperse. They were found guilty of breaching of the peace. The case was argued on December 13, 1962 and determined on February 25, 1963 (U.S. 229, 1963). The evidence from the involved police officers and the House grounds manager portrayed that the demonstration was peaceful...
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