...Adjunct Professor of Law, Georgetown University Law Center; Former chief, Appellate Division, U.S. Attorney's Office for the Eastern District of Virginia. Written for CQ Researcher, January 2014 We can have more crime or less. Whether it's the one or the other depends on what we do — on whether we decide to keep the sentencing system that's been working for a generation or return to what we know fails. It is often said that the criminal justice system is broken and needs “reform,” consisting of abolishing or watering down mandatory minimum sentencing and, generally, putting fewer criminals in jail for shorter terms. In the short run, that would save on prison expenses. But its long-run effects will overwhelm any savings. We know because we've...
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...Unnecessary rules and regulations is what have become of the required minimum sentencing laws. Laws that are put intact so that Congress might have control over what happens with a convict in the judiciary court system. It is essential that these laws are dealt away with; they are creating greater harms than benefits for the public. They are costing the American people from their money, abstinence from their families, and to some extent even rights as U.S. citizens. The United States Congress should repeal mandatory minimum sentencing laws. “A mandatory term stipulates a minimum sentence that includes imprisonment and mandates that this sentence cannot be suspended and probation cannot be granted” (Schlesinger, 2011, p.64). These required laws...
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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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... The 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...
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...Sentencing Paper Sentencing is really important in the criminal justice system. There are many reasons for sentencing in the United States. Sentencing is the result of punishment from the court. The major reasons for punishment is retribution, deterrence, rehabilitation, compensation, and reform. The type of punishment for crimes has been debated by different leaders and law makers for centuries. The punishment for reform is intended to help the offender and society to change the wrongdoer a chance to contribute to society. The punishment for deterrence is intended to benefit society by preventing offenders that would-be from committing a crime. 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 sentenced to prison because they broke the rules and would have to serve their time. There are different sentencing guidelines for state and federal prisons. When a person has either pleaded guilty or has been found guilty of a crime, a judge has to decide a sentence that the offender must receive. Sentencing is imposing a criminal sanction by a judicial authority. Each year there are thousands of criminals that appear before a judge or judges to be sentenced for their crimes committed. Sentencing descriptions are primarily for felony offenses, or those that are punishable by less than one year of...
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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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...ages of 25-29 were incarcerated, as compared to 2.4% of Hispanic men and 1.2% on non-Hispanic White men. What is going on here? Why are black men in this age group so much more likely to be in jail than are people of white or Latino descent? Topics discussed in this paper include the most affected ethnical population in regards to criminal behavior and convictions, the difference between convictions and when/how individuals of different ethnic background are sentenced, and what the consequences may entitle based on individuals of alternate ethnical upbringing. African Americans make up 13% of the general U.S. population, yet make up 40% of all incarcerated men. While whites make up 67% of U.S. population, yet they also only make up 40% of incarcerated men. The United States has the highest incarceration rate in the world compared to other nations ("Sentencing Project," 2013). There is clearly an abundance of African American men incarcerated in the justice system as compared to men of other ethnicity (Hartney & Vuong, 2009). “If current trends continue, one in every three African American males born today can expect to go to prison in his lifetime…….,compared to one in every seventeen white males” ("Sentencing Project," 2013, p. 1) . As stated by Kirby, males of African American descent continue to be arrested, sentenced, and imprisoned at higher rates when compared to males of white descent (2012). These statistics bring to the table the continued issue involving racial disparities...
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...Sutton-Bennett November 25, 2014 A Retreat in the CJS 2 Abstract In contemporary culture, an emphasis on a “tough on crime” criminal justice system has been a topic of debate amongst all citizens. In this paper, a comparison of statistical evidence and treatment rates will be discussed. The purpose is to stipulate evidence of declining crime rates, and alternative sanctions to the crime bill c-10. In addition, a consultation of rehabilitation methods and apprehension of why there is a disproportionality of Aboriginal people in the Criminal Justice System will be explored. The data discovered suggests that the legislation was enacted for political reasoning, without the consideration of underlying causes of criminal activity. Furthermore, rehabilitation treatments have shown to lower recidivism, and are used to stress the importance on investigating the root cause of criminal behaviour. Finally, the restorative justice model is adopted to promote the sense of moral wrong in the individual’s crime. A Retreat in the CJS 3 In recent years, the Canadian government has been working on implementing a stricter justice system. The omnibus crime bill C-10, was enacted in order to achieve this measure. The act consists of a concept in which includes harsher sentencing, mandatory minimums and a zero tolerance policy. This legislation attempts to put victims first, instead of defending the rights of offenders. What the government has failed to distinguish is that crime rates in Canada have...
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...-Corrections is a booming business prisons + crime = profitable industry we have an Increasing number of people under correctional supervision 6 million people under the correctional system by the end of the century - Tough on Crime Political Stance popular public policy 20 million victimizations in 2009 repeat violent felons off of the streets treat minors as adults create mandatory sentencing laws reduce time-off-for-good-behavior - Shift in Public Opinion 4.3 million violent crimes 33 million personal theft crimes - 7.2 million 3% (1 in 33) of adults in the U.S. are under some sort of correctional supervision -Probation (community sentence) and parole are NOT the same thing -1.3% average annual increase from 2000 to 2009 But declined 1.3% in 2010 to 2009 “has the correctional population supervision increased or decreased from 2000 to 2009?” Answer: INCREASED - the majority of people in the corrections system are on PROBATION - Percentage breakdowns for types of offences: 9% Public Disorder (35% federal) DUI, indecent exposure, drunken disorderly, prostitution, etc. 18% Drug Offence (51% federal) 19% Property Offense (less than 10% federal) 53% Violent Offenses (less than 10% federal) - Regions highest to lowest South West Midwest Fed? North East - Top 5 States Federal Texas California Florida New York Notes From Ch. 1 in Textbook- - Penology the study of the use of punishment for criminal acts - Penitentiary typically used...
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...War on Drugs 1 Running Head: WAR on DRUGS: EFFECTS of DRUGS War on Drugs: Effects of Drugs Matthew Boone Camden County College War on Drugs 2 Abstract This paper will attempt to explore the effects of the War on Drugs by showing the way drugs have effects on people and been classified. This researcher will show how effects of drugs plays a major factor in today’s society. It will explore the cost of incarceration that play apart of today’s economy and how it has increased since the War on Drugs. This paper will also explore the term drug interdiction and how it has affected the War on Drugs. Drug interdiction is the process of confiscating illegal drugs from traffickers smuggling drugs into the United States borders. War on Drugs 3 War on Drugs Drugs have been around for years, being used for their medicinal uses, for their hallucination affects and other reasons. The same drugs are still being used today. Some argue that certain drugs should be legal considering that they are mainly plant based and therefore natural. The problem with it is people are learning ways to modify and condense the chemicals that are producing the affects wanted and making the affects stronger. Drugs are also being combined to create new drinks and drugs to be used, known as designer drugs. These new combinations can become lethal due to the drugs being condensed to intensify the effects. The United States has been fighting a war on drugs for over 100 years. In...
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...Marijuana Legalization: The War on Drugs and Criminal Law Howard R. Burke Strayer University Abstract This research will point out that the United States’ current policy on drug prohibition, the so called “War on Drugs,” is ineffective. The current draconian prohibition policies against drug consumption may actually increase their use. As well, contrary to claims made by current drug policy supporters, increased drug enforcement can reduce public safety and compound the individual and social costs of drug use. The U.S. drug policy, born over a hundred years ago, has gone through several transformations becoming more voracious with each new invocation. The War on Drugs is an expensive and failed concept which has incorporated racism in its administration, increased crime rates, imposed harsh sentences for nonviolent offenses, facilitated police corruption and aggressively eroded civil liberties. Table of Contents INTRODUCTION Introduction to the Problem Background of the Study Statement of the Problem Purpose of the Research Research Questions Significance of the Research Assumptions and Limitations Organization of the Remainder of the Study LITERATURE REVIEW CONCLUSIONS AND RECOMMENDATIONS Marijuana Legalization: The War on Drugs and Criminal Law INTRODUCTION The United States has conducted a long experiment of drug prohibition. The prohibition of marijuana and other illicit drugs has only...
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...in prison and jail, or on probation and parole, than were slaves before the start of the Civil War. Statistics reported in 2006, by the U.S .Department of Justice, Bureau of Statistics support this claim, which show that Blacks made up 41 percent of the nation’s 2 million prison and jail inmates, while Non-Hispanic whites made up 37 percent and Hispanics made up 19 percent. The disproportionate ratio of blacks to whites who are incarcerated is especially great in Iowa, Vermont, New Jersey, Connecticut, Wisconsin, North Dakota, and South Dakota – greater than 10-to-1 (USJB, 2006). Why this structural inequality towards African Americans is happening, why it matters, and suggestions to rectify this, are issues that are discussed in this paper. Why is this happening? Since 1970, the U.S. has experienced a large and rapid increase in the rate at which people, regardless of race, are housed in federal and state correctional facilities (Snyder, 2011). This rapid growth in the prison population has been attributed in a large part to the rate at which individuals are incarcerated for drug offenses, especially minorities (Snyder, 2011). Between1995 and 2003, the number of people in state and federal prisons incarcerated for drug offenses increased by 21 percent, from 280,182 to 337,872.3 (McVay, D., Schiraldi, V., & Ziedenberg, J, 2007). From1996 to 2002, the number of those in jail for drug offenses increased by approximately 47 percent, from111,545 to 164,372.4(McVay, D., Schiraldi...
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...Plea bargains are extraordinarily common in the American legal system, accounting for roughly 90% of all criminal cases. Many countries, however, do not allow plea bargains, considering them unethical and immoral. Below is a discussion about what plea bargains are, why we use them, and different types of plea bargains as well as what happens if both parties don't [Contractions are inappropriate in academic writing--write it out.] live up to the terms of a plea bargain (http://criminal.findlaw.com/criminal-procedure/plea-bargains-in-depth.html). [If this URL is in a citation, it should not appear here but rather on the references page.] Plea bargains are an agreement in a criminal case between the prosecutor and the defendant that usually involves the defendant pleading guilty in order to receive a lesser offense or sentence. Plea bargains are often referred to as really just establishing a "mutual acknowledgment" of the case's strengths and weaknesses, and don't [Write out contractions.] necessarily reflect a traditional sense of "justice". In theory, courts are happy to have the respective parties work out a solution by themselves, but it begs the question of who is best served by allowing plea bargains. A plea bargain is a contract between the defendant and the prosecutor. If either side fails to live up to its end of the agreement, the most likely remedy is to go to court to enforce the agreement. In particular, many plea bargains ask a defendant...
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...Problems within the Criminal Justice System In the United States Abstract: This research paper explores some problems faced within the criminal system justice in the United States. Larry J. Siegel’s book “Criminology” gives us a history of the criminal justice system, how it operates, and some of the problems we experience with this system. Some of the problems detailed in this paper include the right to equal justice; which he explained the different kind of judgment that people receive based on their race, gender and class, the criminal justice system spends more money on criminals instead of improving technology for the police apprehending them, the criminal justice system lacks of sentencing disparity, reliance on eyewitness and modern technology can lead to conviction of innocent citizen, and finally the rehabilitation model which is set up to educate criminals and eventually let them free because of the belief that they are changed people and have been rehabilitated. According to the definition from the text “Criminology”, the term criminal justice system refers to “the components of government charged with enforcing law, adjudicating criminals, and correcting criminal conduct” (Siegel, 2009, p. 558). According to Siegel, the criminal justice system is essentially “an instrument of social control: society considers some behaviors so dangerous and destructive that it either strictly controls their occurrence...
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...Drug Sentencing for those who break the law Tina Kelson ENG122 Lesa Hadley April 4, 2011 United States Drug Sentencing for those who break the law In America today there is a big controversy with drug trafficking. What is drug trafficking? Drug trafficking is the sale and distribution of illegal drugs. What is obtaining dangerous drugs mean? The researcher found is intending to aid a person to obtain dangerous drugs and practice outside of their scope of practice. The topic the researcher has chosen is how to reduce drug trafficking in the United States. The author will focus on how drug dealers need to get harsher sentences then they do know and this may help reduce drug trafficking in the United States. The examiner has also determined that harsher sentencing is important factor in controlling to get the most serious drugs off the streets, for example, LSD, Heroin, and Cocaine. The researcher will conduct their analysis on harsher sentences for drug possessors, those who obtain dangerous drugs, and law enforcement agents who are charged with drug trafficking. Should those who possessed drugs or those who obtain illegal drugs and those who are involved bringing it across ours borders spend more time in prison then those who commit rape or rob a bank? America needs to impose tougher sentencing on those who chose to break the law and this will help reduce drug trafficking in America. Research done...
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