...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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...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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...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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...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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...minorities are treated more harshly than whites in similar incidents. However, this movement should widen the scoop of its focus to include the discrimination not just of law enforcement officials, but also of the criminal justice system itself. Disparities in sentencing have skyrocketed since the 1980s and this increase is pushed by the war on drugs. Despite the clear evidence showing that sentencing reform must become a priority for policymakers due to both the social and economic aspects of this issue, things remain the same. The purpose of this essay is to inform the debate on sentencing reform, race, and education....
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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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...This week we were assigned a few articles to read and analyze. Reflecting on this weeks reading, an assessment can be made about the way America has handled crime and prevention within the criminal justice system. As a country the United States is the world’s leader in incarceration with 2.2 individuals behind bars in either prison or jails. Political agendas fueled along with the outcry from the public fueled the legislatures to increase crime sentences thereby increasing the incarceration levels to extremely high levels. By leading the world in incarceration in addition to the crime rates the public can see just how poorly run the system truly is and how we can aim to fix it. Connections can be made between Travis et al.'s (2014) illustration...
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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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...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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...Overcrowded prisons are a huge issue that have been plaguing the 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...
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...Curran Dwyer - Incarceration Essay Two October 25, 2009 The American Dream is predicated on the myth that in America, anyone can do anything if they have talent and a willingness to work hard. The implicit corollary is that if you end up poor, it is your own fault because you aren’t smart enough, you didn’t work hard enough, or both. Research suggests otherwise. A number of factors that play important roles in determining the life outcome of the individual are completely beyond the control of the individual. These factors include task commitment, positive reinforcement, good social skills, access to opportunity, good health, and good luck (Comer, 1997). Most government policy at the state and federal level, including long-term incarceration and the lack of social support systems, has been established based on the myth that the individual alone is responsible for his or her life outcome. My firm belief is that this is not true (Comer, 1997, 2000; Comer, Ben-Avie, Joyner, 1993), and that a primary responsibility of government is to provide opportunity to the disenfranchised. By rethinking criminal policy and sentencing, and by instituting broad social support and public works programs, the government will begin to repair its relationship with urban black communities and will move the United States closer to a realization of the American dream. The foundation the government will use to repair the relationship it has with its urban black citizens should be a series of straightforward...
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...Chatman COM/220 October 28, 2012 Debbi Kutner Reducing Recidivism in today’s Society Final Project: Persuasive Research Paper Reducing Recidivism in today’s Society Education and job skills are key elements to reducing recidivism therefore; prisons, county jails, and the probation offices should adopt mandatory programs so ex-offenders can become productive members of society. Every year approximately 9 million people are released from prison in the U.S. (Center, T. N.-e., 2012) and due to lack of education and job skills, 52% of those 9 million returns within three years. According to Yamatani & Spjeldnes (2011), “The United States represents only 5 percent of the world’s population, but we hold 25 percent of the world's inmates in our prisons and jails (Pew Center on the States, 2008). We have more people behind bars in total numbers and per capita than any other industrialized country--2.3 million out of nearly 300 million (750 per 100,000 residents)--one out of 100 U.S.” This essay will show the difference between recidivism and rehabilitation as well as showing how education and job training can effectively reduce the rate of recidivism in the U.S. What is recidivism you ask? The Merriam-Webster defines recidivism as a tendency to relapse into a previous condition or mode of behavior (Merriam-Webster Dictionary, 2012). Recidivism comes into play because people who have...
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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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... Instructor: November 20, 2012 The life of prisoners some may never know. There are those who care not to know what goes on behind that wired fence. We find that some people that are convicted of crimes that they did not commit. Some people would rather turn their heads to what actually happens in a prison institution, because they feel it is no concern of theirs. Innocent women and men face a disaster in life when they find their selves incarcerated in such facility as these. The treatment in prison facilities toward prisoners with health issues or those who develop health concerns that head officials should take control over. Prisoners receive neglect in many different ways that may end their lives. In my essay, I will share with you the life of a man in prison and the treatment that he received from correctional officers. Every prison environment makes it hard to assure minimal standards for ethical research and voluntary informed consent and privacy. Privacy for those who are in these facilities has many concerns to family members who are looking in from the outside. Health issues and concerns for inmates and neglect that occurs in correctional facilities have been concerns that continue to go unnoticed. The state seems to under staff in some areas of managing inmate’s health problems. There are many who may go unattended of their health issues causing drastic or even death in the process. A prison system update yearly would help to protect prisoners...
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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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