...Issues Janet Peralta, Latisha Smith, Michael Winters, Sarah Berry, Trent Neffendorf CJA/394 November 24, 2014 Becky Killian-Willis Correctional Issues Introduction 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...
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...America’s Increasing Prison Population In the United States of America, we currently have approximately 2.2 million people in our jails and prisons and we incarcerate our citizens at a rate that is greater than any other country. Our number of incarcerated have increased 500% during the past thirty years. (The Sentencing Project) As of 2005, we had 737 people incarcerated for every 100,000 citizens in the United States, whereas the rest of world only put 166 people in jail for the same 100,000 people. (International Centre for Prison Studies 2007) It is obvious that something we do in the United States is having a direct impact on these burgeoning imprisonment numbers. The increase in the prison population really started to dramatically...
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...The Prison System CJS/200 October 24, 2010 Monty Mathis The Prison System History of the prison system Prisons back in the 16th and 17th centuries were used to punish people who could not pay their taxes, and rent among other things they were called Debtor’s prison these were a form of a work house. A public display of punishment for a convicted criminal such as stock’s even branding. In the 18th century this is when the public started opposing the death penalty except for serious crimes such as murder. From the mid 18th century to be imprisoned meant hard labor for those who committed petty crimes. By 1777 John Howard (namesake of the Howard League) chastises the prison system as being filthy, barbaric, and disorganized. (Howard League, 2006) The Great Penitentiary Rivalry involved the state of Pennsylvania and the state of New York. And, each state believed that the system they had in place was the best system to address the constant issue of overcrowding. Pennsylvania constructed two new prisons; the Western Penitentiary and the Eastern Penitentiary. Their system was based on the concept of silence as a virtue (Gaines & Miller, 2009). In Pennsylvania the inmates were kept separate from one another and the only contact they had was with clergyman and staff. New York’s Newgate Prison, built in 1791, was operated the same as those in Pennsylvania except they were able to eat together – in silence. Although there are different types of systems in place today, both...
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...In the UK prisoners can get out of prison early without serving their full sentence in prison. According to the Sentencing Council, the judge in the hearing will decide the sentence and also how long the defendant will spend in prison. Although offenders usually spend only half their sentence inside prison and the other half of their sentence is spent on license. However if the offender breaks the conditions applied to their license they will be sent back to prison to carry out the remainder of their sentence. Judges and Magistrates have no control over the half in prison and half on license sentence this was implemented by the UK Parliament (Sentencing Council). Where is the justice to be seen, for the victims in these cases? Victims are often considered the forgotten party within the justice system. As statistics taken from Justice.Gov (2013) showed that between April 2010 and March 2011 it was estimated that “550’000 adult offenders were cautioned, convicted or released from custody”. Around 25 per cent of those were shown to have reoffended in this study. With these statistics it’s clearly not very reassuring for any victims in these cases that the punishment for the crime has (Justice.Gov, 2013). According to Open Justice (2012) when the offender has reached that half point in their sentence, an independent body such as the Parole Board has the decision to deem if it is safe to release the offender under license. If the Parole Board decides it is safe they will set...
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...Running head: IS JUSTICE TRULY BLIND? Is Justice Truly Blind The structure by which offenders are detained and reprimanded is one of the supports of any democratic system. However in order for that arrangement to remain feasible, the community must be convinced that individuals in resembling circumstances are treated the same and with consistency, from the original exploration of the offense, to the hearing and penalty of that crime, down to the prosecutors and the judges. This process is not optional, but rather guaranteed by the Constitution of law despite race, gender or ethnicity (Justice on Trial, 2012). As we know our criminal justice system today, it appears to be operating far from this principle. Somehow in the arena of criminal justice, racial discrimination is increasing instead of diminishing. Disparate treatment of minorities differentiates every point in the course of action. Black and Hispanic Americans, as well as other minority groups, are mistreated by inconsistent targeting and unreasonable treatment by the police and other law enforcement officials; by the racially distorted charging and plea bargaining resolutions offered by prosecutors, biased punishments, and by the letdown of judges, nominated officials and other criminal justice guidelines used to remedy the unfairness of justice that has become more obvious as time goes on (Justice on Trial, 2012). All of these issues add to the opinion that lawlessness is a colored and minority...
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...the result of the Sentencing Reform Act of 1984 that had laws created to ensure that sentencing was fair from state to state, and a judge provided proof of that sentencing was indeed black and white. To eliminate the possibility of being unjust, the government became involved in creating guidelines on the punishment that was rendered based on the type or types of crimes an individual committed. Sentencing guidelines were imposed to set the terms that would fit the crime some of the sentencing may be a payment of a fine, community service, incarceration, the death penalty, and or probation and parole. Throughout the years there has been a concentrated effort to standardize the sentencing especially in felony offenses, and to diminish judicial discretion in sentencing. Due to this there is a perception by lawmakers and the public that arbitrary or discriminatory practice with fair and just sentencing in certain cases and or crimes. “The Federal Government and 16 States have implemented presumptive or voluntary/advisory sentencing guidelines. Each of these states has established guidelines for different purposes and most of them were asked to meet multiple goals, including punishment, deterrence, incapacitation, and rehabilitation. The biggest impact on the sentencing guidelines are the mandatory prison sentences that carry an array of offenses, including nonviolent drug charges that have swelled the nations prison population. In 2008 the “Criminal...
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...4.4 Discipline and Punish This book, published in 1975, is a genealogical study of the development of the “gentler” modern way of imprisoning criminals rather than torturing or killing them. While recognizing the element of genuinely enlightened reform, Foucault particularly emphasizes how such reform also becomes a vehicle of more effective control: “to punish less, perhaps; but certainly to punish better”. He further argues that the new mode of punishment becomes the model for control of an entire society, with factories, hospitals, and schools modeled on the modern prison. We should not, however, think that the deployment of this model was due to the explicit decisions of some central controlling agency. In typically genealogical fashion, Foucault's analysis shows how techniques and institutions, developed for different and often quite innocuous purposes, converged to create the modern system of disciplinary power. At the core of Foucault's picture of modern “disciplinary” society are three primary techniques of control: hierarchical observation, normalizing judgment, and the examination. To a great extent, control over people (power) can be achieved merely by observing them. So, for example, the tiered rows of seats in a stadium not only makes it easy for spectators to see but also for guards or security cameras to scan the audience. A perfect system of observation would allow one “guard” to see everything (a situation approximated, as we shall see, in Jeremy Bentham's...
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...Jail System The Prison Law of the People's Republic of China was adopted and went into force on December 20, 1994 at the 11th meeting of the Standing Committee of the Eighth National People's Congress. Regulatory Authorities The Prison Law provides that the State Council judicial administration (Ministry of Justice) supervises all prisons across the country. The Ministry of Justice has a Bureau of Prison Administration that supervises all prisons in the country. In the provinces (municipalities directly under the central government and autonomous regions), offices of justice are responsible for managing prisons in their own jurisdiction through their prison administration arms. Prisons in China are divided into two categories: Prisons incarcerating inmates who have been condemned by courts to a fixed-term sentence, life sentence or death penalty with two years reprieve. Male and female inmates are warded separately, with female wards managed by female law enforcement personnel. Prisons may also be divided into wards for felons and criminals of misdemeanour. Penitentiaries for juvenile delinquents, criminals of minor age who have been condemned by courts to a fixed-term sentence, life sentence or death penalty with two years reprieve. Special protection is extended to juvenile delinquents, with customized procedures in place to cater to their needs. Prison Setup and Staffing The Prison Law provides that the State Council judicial administration approves the establishment...
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...Paper For at least a century, Prisons have always been a part of society. For many decades, penitentiaries have been embedded into our society as form of rehabilitation; or in some cases, a form of order and public safety. Throughout history, penitentiaries had evolved steadily; however, some may say that these facilities have evolved into something that was never intended. With that being said, let’s explore how penitentiaries were originated. Today, Prisons are recognized as a ‘method” of corrections, as well as, a form of deterrence; however, this wasn’t the case many years ago. During the early 1600s, prisons were known as jails. These jails were recognized as temporary rehabilitation facilities for just minor offenders (National Institute of Corrections, 1986). These jail facilities instituted punishments in the forms of shackles, lashings, and hard labor on the minor offenders. Even though these facilities were known to be a huge success, they were still primarily for minor offenders. Serious offenders were still tortured, mutilated, deported, and even executed (Smith, 2006, Chapter 4). During the 1700’s, Europe & North American jails weren't so organized. Jail and workhouse administrators were allowed to anything that they wanted with their inmates. The government was very lenient. Inmates were permitted by jail keepers to do anything they pleased. Inmates were permitted to make up their own rules. While there was still prison facilities that enforced slave styled...
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...Jeremy Bentham is one of the foremost characters in the reform of corrections and rehabilitation of prisoners. He designed the famous panopticon style prison consisting of several cell blocks interconnected by a main administrative block. His design never really caught on in Europe, several prototype prisons were built, but only in America were any panopticon like prisons built. He was an advocate for prisoners’ rights, their education and health. Bentham defined the term “utilitarianism” meaning that everything should try to get “the greatest happiness of the greatest number”. He brought about change in British law trying to composing more humane, and compassionate prison laws. His views, though compassionate, often dealt with criminals as...
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...Prison Overcrowding in the US Name: Institutional Affiliation: Prison Overcrowding in the US Introduction Prison overcrowding in the US is a serious problem that has remained elusive for many decades. The problem of prison overcrowding emerged since the invention of prison as correctional facilities in the 19th century and until now; it is still troubling the authorities. Overcrowding in modern prisons is multidimensional problem. Various reasons are blamed for the challenge but they significantly differ from one nation to the other. Causes of prison overcrowding are not limited to the bounds of criminal justice but stretch to other facets of authorities including social welfare plans, availability and ease of access to health services, formal education and job opportunities. Debates on how to handle this issue on political platforms is an enough illustration of the problems political leaders undergo in looking for a lasting solution challenged by increased pressure from court orders and rigorous financial crisis. It is therefore evident that it is much easier to have overcrowded prisons than it is to develop and implement effective and efficient ways to manage overcrowding in prisons. Overcrowding in prisons is a broad problem that is centered on issues of policies and crime research. These issues involve criminal sentencing, the role of correctional facilities and sentences, accommodation of prisoners with access to health care and rehabilitation services and causes of crimes...
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...over utilized in Australia, or whether we have struck the right balance. Parole is defined as the "supervised conditional release of a prisoner before the expiration of his or her sentence." (Legal Terms Website, 2004). Parole is seen as a back end model of community corrections and is usually approved to a prisoner after they have completed the minimum, required time in prison set by a judge. However parole is only granted if the prisoner has behaved well in prison and cooperated with staff by abiding by set rules (Queensland Parole Orders Act, 1984). When a prisoner has completed the minimum time in incarceration of their sentence they are put before a parole board to plead their case. The parole board takes a number of things into consideration, such as their behavior and cooperation with in the prison and their likelihood to reoffend if let out on parole. The parole board may grant or deny a prisoner the freedom of parole. While on parole the inmate must cooperate with the rules and regulations placed upon him or her. And any deterrence from these rules means they will be sent back to prison to complete his or her entire sentence (White and Perrone, 2004). If granted parole the parolee is placed back into the community under supervision from a parole officer who is there to provide help and support to the offender. The parole officer helps them reintegrate into society, watches over them and reports back to the parole board on their progress. This system aims...
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...reducing re-offending, others think that prison may not be the solution and that there are better alternatives. There is also much debate about whether treatment programmes reduce re-offending. Discuss ways of dealing with the problem of recidivism, refer to the views outlined above in your answer. (12) Custodial sentencing is the imposing of a punishment, consisting of mandatory custody of the convict, either in prison (Incarceration) or in some other closed therapeutic/reducational institution. As recidivism refers to the re-offending rate, critics argue that custodial sentencing does not work and cite high recidivism rates as evidence for this. This is due to official statistics showing that 70% of offenders re-offend after custodial sentencing within 2 years of release, which consequently shows that prison may not be the solution. Even with high recidivism rates, custodial sentences might stop more crime than noncustodial sentences. These findings are inconsistent with prisons as a powerful specific deterrent (dwelling on actions/message goes out to the public) and high recidivism rates suggest that many offenders simply are not moved by imprisonment enough to stay out of trouble. On the other hand however, custodial sentencing has been proven to be a good solution as it has been found that not every type of offender re-offends, sex offenders have been found less likely to offend again, in contrast to those imprisoned for theft. Prisons have been shown to have negative effects...
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...economy and society. Certain institutions such as the Police, Courts and Prisons impose these rules. As Sir John Salmond would describe it as 'The Body of principles recognized and applied by the state in the administration of justice.' Each country has their set of rules in a unique system, and the UK reflects that perfectly. Scotland has a different system comparing to the one present in England and Wales, which abides by the English Legal System. If an individual does not comply to it, he/she can face some of the criminal justice sentences, the most known one as a punishment, prison, but not only and sometimes not the best choice. That is why throughout the years England and Wales have developed their Criminal Justice sentences in order to prevent crime and rehabilitate its offenders. In England and Wales, Criminal Law or penal law comes under the Public Law (concerning the state and government), and it focuses on the crimes committed against an individual and society, in which is a crime against the state. Punishments are given for its offences; always taking in consideration that what is a crime today may not be a crime tomorrow. Criminal law it is always changing and it is imperative that this continues as society itself suffers constant change. An example of this can be the Suicide offence. It used to be a criminal offence to attempt suicide until it changed in the 1960's where a modern reform, The Suicide Act 1961, dictated that those who attempted suicide would...
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...in the future; indeed, if anything just the opposite.” Some may know that the United States’ method of imprisonment is unique in comparison to others, but unique does not always mean better. Our system is expected to reform those incarcerated and help them...
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