...offenders are arrested at the scene of the crime, most are apprehended later. In such cases, an arrest warrant issued by a judge provides the legal basis for an apprehension by police. An arrest, in which a person is taken into custody, limits the offender's freedom. The Arrest is a serious step in the process of justice. Most arrests are made peacefully, but if a suspect tries to resist, a police officer may need to use force. During arrest and before questioning defendants are advised to the constitutional rights, also known as their Miranda rights. The criminal justice procedure begins with arrest, followed by the booking of suspects, arraignment, preliminary hearing, grand jury trial, pretrial hearings, the criminal trial, followed by sentencing. In this paper, I am also going to discuss constitutional protections for the defendant as well as those in place to protect society as a whole. Following arrest, suspects are booked. During booking, which is an administrative procedure, pictures are taken, fingerprints are made, and personal information such as address, date of birth, weight, and height are gathered. Details of the charges are recorded, and an administrative record of the arrest is created. At...
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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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...Any person who commits a crime has to do the time, even if that time is in jail, participating in community service, or being confined to specific limits through house arrest. Sentencing a criminal their time of punishment is reasonable, it’s the amount of time these convicts are being sentenced under mandatory minimum sentencing that is the root of the problem. Mandatory minimums have been sparking controversy throughout America for quite some time. These sentences have been seen as the most outrageous sentencings for nonviolent criminals. This problem raises a major question: Should criminals charged with nonviolent crimes be given mandatory minimum sentences? Mandatory minimum sentences are sentences that require a criminal, convicted...
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...In the United States, sentencing varies from place to place and jurisdiction to jurisdiction. Each state has established their own set guidelines and even those can be different from the Federal sentencing guidelines. Sentencing Guidelines are rules that a judge is supposed to follow to determine sentences for individuals and organizations convicted of felonies and serious misdemeanors. These Guidelines do not apply to less serious misdemeanor crimes. The United States Sentencing Commission was created by the Sentencing Reform Act of 1984 and created these guidelines. In the beginning they were mandatory and very strict. People kept calling for longer, harsher sentences (Marvell 1995 p. 696). Congress enacted the Sentence Reform Act to satisfy...
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...|[pic] |Syllabus | | |College of Criminal Justice SSecurity Security | | |CJS/220 Version 4 | | |The Court System | Copyright © 2011, 2009, 2007 by University of Phoenix. All rights reserved. Course Description This course is an introduction and overview of the legal system, the participants, the courtroom process, and post-conviction process of the court system. It demonstrates the connections among participants and how they relate to each other. Additionally, the course covers the history of the court system and the different types of court at the state and federal levels. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the...
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...Institute of Justice and the National Institute of Corrections (NIC) worked together with the Office of Correctional Job Training and Placement (OCJTP) to explore ways to find funds from Federal, State, and local governments, businesses, and industries to help find jobs for offenders. (Sexton, G 1985) All of this work is being done to help them find jobs when they are released. The pros of this is that the firms are provided with stable and motivated work force, they have dependable employees who are not late and told they are held up in traffic. Having them reduces their overhead. This is an alternative to having “off shore” operations. This decreases offender’s idle time and this reduces the amount of fights. Manufacturers and the offender’s are proud to be able to put the USA label on their goods. Doing the work motivates good behavior and good work habits in the offenders and teaches them a skill for their release. Some of the manufacturers have reported the offenders to be more experienced and even more educated than the people who apply locally for the job positions. (Sexton, G 1985) Cons are that the goods are not permitted to be sold across the state boundary line unless being sold overseas. They have a rapid turnover in offenders working sometimes due to them being released or being transferred. Some of the local people that this is unfair competition as this is training people who will be released and take away local jobs. Some of the local people are against...
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...James Fondren 12/1/14 Criminology Dr. McGovern Deterrence Theory The deterrence theory has been a long study theory since 17th century, starting with Thomas Hobbes and then in more depth by Cesare Beccaria in 1764 when he published Dei Delitti e delle Pene (On Crimes and Punishments).Deterrence theory has continue to be study in more and more depth over the years by sociologist and criminologist and more recently the study of deterrence of specific crimes and using imprisonment times to deter crimes as well. The deterrence theory main idea is that punishment for crimes can be used as a threat to deter people from offending. There’s two parts of the deterrence theory, specific and general deterrence. Specific deterrence is focused fully on the individual; it instils fear in the specific individual being punished. This type of deterrence refrain the individual from future violation of the law. General deterrence is the Criminal Justice system making examples of specific criminals. The criminal isn’t the main focus but the criminal act and its punishment is received in a public view in order to deter other individuals from deviance in future. Thomas Hobbes was an English philosopher, best known for his work on political philosophy. Hobbes published Leviathan in 1651, which is the foundation of later Western political philosophy. In Leviathan, Hobbes describes men as neither good nor bad, he assumed that men are creatures of their own desire who want certain things and who...
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...Introduction If one is big enough to do the crime, then he should be indeed big enough to take the punishment that follows. “Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for a crime.” (http://en.wikipedia.org/wiki/Capital_punishment) Basically Capital Punishment is the country’s major punishment, for what they consider to be the most major crimes. It is a subject of active disagreement and controversy in various countries and positions in the argument can vary with a single switch in political hierarchy. To count there are about fifty eight countries that still recognizes Capital Punishment. Surprisingly most of the European and Asian Countries are the ones prohibit the use of Capital Punishment. And oddly even though most of the world physical land masses rebukes Capital Punishment, most of the world’s population still resides in countries that still strongly agree with the use of Capital Punishment. But here in The Bahamas, our situation is quite a special one. We are a free independent country, our laws say that we recognizes the use of Capital Punishment in the country, it obvious that a country cries for it, but the dilemma is that it is not being carried out. But the question raised is why? What is the hold up, and how do the Bahamian people feel about the whole situation? Chapter 1 “Capital Punishment in the Bahamas; Gone but not forgotten” Capital Punishment in The Bahamas has been...
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...same fashion. A guilty verdict doesn’t always result from a trial. It mostly results from a voluntary plea by the defendant. A plea bargain is when a prosecutor offers the defendant the opportunity to plead guilty to the original charge or a lesser charge for a lesser than the maximum sentence. For a plea bargain to be negotiated; the prosecutor needs to offer the defendant a reeducation of severity of the charges, reduction of the number of charges or a reduction in sentence. Unless one or more of these items are met, there will not be a plea bargain. A plea bargain is between the prosecutor and the defense attorney. Once the prosecutor presents the offer to the defense; it has to be taken to the defendant for approval. Once the pros and cons are discussed and the defendant agrees and accepts the plea, it is presented to the judge. Plea bargains often occur when the defendant is facing a preponderance of evidence proposing his guilt, and is questionable that he is to be found not guilty. If the prosecution and in some cases the judge is satisfied that a sensible deal can be negotiated, they usually will move forward with the bargain to save time and court resources. “Plea bargaining circumvents the trial process and dramatically...
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...6/28/13 CCJ/HIS 4700 History of Corrections The earliest forms of the American Correctional Systems were similar in many ways with those practiced in England. Up until the 1780s, punishment by imprisonment was unknown in Europe or the European colonies. Punishments for criminal behavior tended to be public events which were designed to shame the person and deter others; these included the ducking stool, the pillory, whipping, branding, mutilations and the stocks (woodfin.org 2013). Corporal punishment was inflicted almost exclusively on the lower classes, since the rich were usually able to pay fines instead. At the time the sentence for many other offences was death. Colonialists never considered the possibility of rehabilitation; their aim was to frighten the offender into law abiding behavior. Unlike today where prisons are viewed as instruments of punishment, this has not always been the case. The common jail dates back hundreds of years, but was used solely as a means of detention, a temporary place for the prisoner until acquitted, fined, or subjected to corporal punishment (Schamalleger, F. 2010). Pennsylvania was determined to be different from other colonies. Founder William Penn brought his Quaker values to the new colony, relying on imprisonment with hard labor and fines as the treatment for most crimes, while death remained the penalty only for murder. In 1790 Philadelphia’s Walnut Street Jail became the first prison by the Pennsylvania Quakers. In the...
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...painful (wisegeek, n.d.) Some of the common means of execution included crucifixion, boiling alive and etc. Until today, death penalty had been executed in more humane way. For example, electric chair, death by hanging or injection that can reduce the time of suffering for criminal. Recently, most of the country has executed death penalty as a form of punishment. The country with the most population among the world which is United State, China, India and Indonesia still practiced capital punishment. However, execution of death penalty is a very controversy form of punishment among the world. Many people started arguing whether the execution of death penalty is wrong since a long time ago. Although execution of death penalty is considered mandatory to deter criminal activity, there is several strong reason that death penalty should be abolished. Therefore, the purpose of this research paper is to listed out the cruelty, inefficiency and morally wrong of the execution of death penalty. Since a person had been born to the world, they have the rights to live. Besides, mankind also have the right which not be subjected to the cruel, suffering of treatment or punishment (Against death penalty, 2015). Death...
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...Proposition 47 was an initiative that was put on the ballot in 2014. California voters supported this initiative overwhelmingly. However, it did not pass and there were many legitimate pros and cons. The proposition was put forth to eliminate some of the overcrowding in California's penal institutions, to reduce the cost to the tax payers of housing to many offenders, it was also to redirect some of the saved expenses from the reduction to drug programs, programs, for the mentally ill, and have money to help victims of domestic violence. I support Prop 47 because it reduces the budget to the state of California. If inmates don't do as much jail then the taxpayers are not paying for their housing, food and medical expenses. Also, to relieve...
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...ENGL 1100 Mr. Casey December 11, 2012 The Legalization of Marijuana Marijuana is currently the third most popularly used recreational drug in America. More than 100 million Americans have used the drug at least once in their lives. 14 million of those continue to use it regularly (About Marijuana). All of those Americans are breaking the law. Under federal law, marijuana is illegal in the United States. However, there is much controversy surrounding the illegality of the plant. The biggest controversy around marijuana is whether or not it should be legalized. Those in support of legalizing marijuana will bring up arguments proving the medicinal benefits of marijuana, the economic benefits, and the other positive effects it will have on the country. These arguments are backed by proven facts and studies. Because of this, the obvious answer is that marijuana should be legalized, taxed, and regulated in the United States. Marijuana has not always been illegal. It was used as medicine for hundreds of years. The first recorded medical use dates all the way back to 1500 BC in China. It wasn’t until the 1930’s that it first became illegal in the United States. In 1937, The Federal Bureau of Narcotics passed The Marijuana Tax Act of 1937 (Guither). This made it illegal to possess or transfer cannabis in the United States under federal law, excluding people in the big medical industries and for its industrial uses, and those people had to pay an annual tax. Even though there was a new...
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...Running head: DETERRENCE IN CRIMINAL JUSTICE 1 DETERRENCE IN CRIMINAL JUSTICE 2 Deterrence in Criminal Justice The theory of deterrence says that punishment for a crime will dissuade people from committing crime. There are two types of deterrence : general deterrence and specific deterrence. General deterrence is defined by Siegel (2011) as “a crime control policy that depends on the fear of criminal penalties, convincing the potential law violator that the pains associated with crime outweigh it's benefits.” (p. 95). In other words, general deterrence uses the punishment of one person's crime to teach the rest of society that this is what will happen to you if you commit this crime or any crime like it. It is meant to scare others so that they will not commit crime. Siegel (2011) defines specific deterrence as “the view that criminal sanctions should be so powerful that offenders will never repeat their criminal acts.” (p. 99). This form of deterrence is geared at stopping the offender from re-offending by making their punishment as harsh and unpleasant as possible. Today in society, the main concern with the criminal justice system is deterrence. The question is, what types of deterrence do we currently use and do they work? In this paper, we will overlook a few forms of deterrence that are currently used in the American Criminal Justice System. The most frequently used form of deterrence is imprisonment. This is also the oldest form of deterrence...
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...Crime is a serious problem worldwide that affects many societies. Because of this issue, we have had to come up with a complex set of laws procedures for dealing with those accused of breaking the law. I will attempt to explain the criminal justice process and the different avenues the process can take. When crimes do occur in the United States this is only the start of the criminal process. First a crime must committed or believed to be committed. Usually some one will call 911, 311, or flag down an officer or perhaps the officer will witness the crime him or herself. Some time criminals are caught in the act or apprehended some later. The choice to commit crime is up to each of us and is really the start of the entire process. Every thing that comes after is just a response to this act. The next step after apprehending a suspect is to read this person their Miranda rights. This is very important as a suspect could be set, free later on at trial if this does not happen. Law Enforcment officers at any level must verbally inform an individual of their rights. These are the right to remain silent, warning that any answers can be used in a court of law, and the right to an attorney. This is a good thing because the person under arrest may not understand the right afforded to them and unfairly incriminate them self. These right are mainly the consequence of the U.S supreme court ruling in the case of Miranda vs Arizona. (Miranda v. Arizona (1966),This law was not universally accepted...
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