...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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...Sentencing guidelines are a set of standards that set parameters for trial judges to follow when imposing a sentence. These guidelines are meant to limit a judge’s discretion in deciding an appropriate sentence for convicted individuals. However, this concept is considered highly controversial, due to several Supreme Court cases that have changed the way sentencing guidelines are used today. In Apprendi v. New Jersey, the court ruled that any factor other than a prior conviction that increases the allowed sentence must be submitted to a jury and proved beyond a reasonable doubt; not a judge. In this case, the defendant plead guilty to second-degree possession of a firearm, a sentence carrying between 5 and 10 years. The judge decided that the...
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...noted earlier, nonincarceration sentences include economic sanctions, probation, and intermediate sanctions; incarceration sentences include both short-term and long-term confinement. As described in the next two chapters, short sentences are sometimes linked with an intermediate sanction, so offenders spend part of their sentence in jail or prison and part of their sentence under supervision in the community. Finally, there are sentences of death. For sentences of incarceration, indeterminate and determinate sentences are the two primary models used throughout the United States, although there are many variations for each of these. Indeterminate sentences blend the decision by the sentencing judge and a later decision by a release authority to determine the actual time served. At the time of sentencing, judges sentence offenders to indeterminate sentences, with a minimum and maximum amount of time to be served (for example, two to five years or ten to twenty years). After serving the minimum term, offenders are eligible to be released and their cases are reviewed by a parole board. The parole board determines the release date any time between the minimum and maximum sentence. If a parole board never grants parole, the offender serves the maximum sentence and then must be released. The parole decision and postrelease supervision in the community are described in Chapter 6. indeterminate sentences sentences that have a minimum and maximum time to serve; a decision by a release authority...
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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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...Racial Disparities in America’s Judicial System The mandatory imprisonment policies written for the judicial system are creating disparity of minority inmate population primarily due to non-violent drug crimes and the unjust mandatory minimum sentencing laws. America’s prisons are the most populated in the world, and they are disproportionately populated by minorities due to the set of mandatory imprisonment policies set in place. Over the past five decades, the disparity between races has widened dramatically according to the National Center on Institutions. In the 1950’s, blacks and Hispanics were the minorities in the prison system, whereas today whites are. Is this due to poverty? I’m sure poverty plays a big role in most cases. Robert Woodson Jr., president of the National Center for Neighborhood Enterprise said the reason young men engage in criminal activity is not just for money, it is to make a name for themselves, to have some expression of worth, even if the expression is self-destructive. Crack cocaine hit the streets in the early 1980’s, infesting the lower income areas. It’s a cheap drug compared to cocaine and easier to come by than some of the higher priced drugs. Is this considered racial disparity? The Sentencing Project in 2007 states that two-thirds of the regular crack users are white and Latino, 82 percent of defendants sentenced in federal court for crack offences are African-American. Criminologist William Chambliss suggest that blacks are more frequently...
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...Comprehensive Drug Abuse Prevention and Control Act of 1970. Some agree and others disagree with the war on drugs. What we all can agree on, is that prisons have swelled to all-time highs due to the war on drugs campaign. I believe there are many workable solutions that can decrease the prison population in America. First, replace mandatory sentencing laws with more flexible and individualized guidelines. Second, reduce the three strike laws for nonviolent offenders. Third, relax the Truth-in-Sentencing Laws. Last, support community policing efforts. In 1986 Congress passed the anti-drug abuse at which was well intentioned established 5 to 10 year mandatory sentence is for drugs importation and distribution. A couple of years later President Reagan signed the Omnibus Anti-Drug Abuse Act granting the federal government authority to penalize all conspirators and drug related crimes regardless of their role. Believe it or not, most people locked up in the federal system are serving time for conspiracy charges due to drug distribution although nothing was found. By removing minimum mandatory sentences and replacing them with other guidelines, you give the judges more discretion to render a sentence they feel fits the criteria. Another way to reduce prison population is by reducing the three strike law for nonviolent offenders. For example, in California the three strikes law has many people in prison not because they committed a crime, but because they were given a third...
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...prison system there are various key issues that surrounded the operations of the daily activities as well as the administration of the judicial system. Some of these key such as prison violence, prison rape and the drug policy issues are negative and does affect the prison. On the issue of prison violence, over the years, prison violence has been on the rise. This has causes major changes within the prions system, such as implementing strategies to control the prisoners and their criminal behaviors. Prison rape also has continues to rise. This issue has been will probably continue to exist. This is because the prison officials have yet to be able to control this kind of activity. Another issue that has been affects the prison system is the sentencing that are being handed out for drug charges. This has cause the prisons to be overcrowded. Prison Violence on the Rise Prison violence is on the rise, many prison conditions are a recipe for violence, by being overcrowded, understaffed, insufficient staff training, excessive solitary confinement, insecure facilities, mistreatment of mentally ill inmates, policies that weaken family ties, a culture of disrespect between staff and prisoners, and little accountability for wardens. These facilities are causing concern not only for inmates but, for those employed to supervise the convicted offenders. Inmate population continue to grow, staffing levels in most facilities either have stopped or decreased. Violence has increased in the prisons...
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...Focal Concerns Perspective Focal Concerns Theory The focal concerns theory was developed by Stenonlzxd and his fellow colleagues in 1980. The basis of this theory argues that judges presiding over trials base there decisions around three focal concerns of blameworthiness, practical constraints, consequences, and protection of the community. For example, if a defendant is viewed as blameworthy, dangerous and less likely to have practical constraints and consequences, they would receive much harsher or severe sentences. The first focal concern focus' on the blameworthiness of the defendant. The focus specifically reflects on the seriousness of the offenders involvement with the crime and the offender previous record. In other words, the more serious the offense and the more criminal offenses the offender posses, the more blameworthy the offender appears. The next focal concern is the protection of the community. Judges tend to based their perception of recidivism or re-incarceration by dangerousness of the offender. The more dangerous a offender appears, they will have a higher rate of recidivism is which will cause them to receive a longer than an average sentence length and severity. The last focal concern that a judge considered are the practical constraints and organizational restraints. Organizational constraints are considered to be things like flow of court cases and overcrowding of correctional organization. The practical constraints refer to the offender...
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...Mandatory Minimum Sentencing A Review of Literature With America's recently increasing problem with illegal substances; a war on drugs has erupted. American drug use has exponentially grown over the last 60 years, causing law enforcement agencies to crack down on drug use, trafficking, abuse and possession. President Nixon stated that the United States' War on Drugs was "public enemy number one" (Jarecki, Barnes, 2013). In response to this growing issue, the United State's criminal justice system began sentencing criminals to jail for a "mandatory minimum" period of time in drug related offenses. With hopes of making a dent in the drug war and of taking the guess work out of sentencing, the courts adopted the law. These longer more harsh sentences have had a positive outcome on the war on drugs. It has helped by getting offenders off the streets and the substances out of the hands of Americans. The criminals that are being sentenced to these long terms deserve the time they are given because they chose to break the U.S. law and came into contact with illegal controlled substances. By giving these mandatory minimum sentences, the criminals are off the streets and away from the pressures of drugs and crime where they used to live, and have the chance to regain a new life through prison rehabilitation. The mandatory minimum sentences are given not only to help punish criminals individually, but also to help the judicial system by way of giving the judges a guideline and a standard...
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...line has remained the same: punish the criminals who commit certain crimes and ensure they remain in prison for a specified amount of time. Though these laws are logical, mandatory minimum sentencing, in all its forms, does not effectively reduce crime. Statement of Problem: Mandatory minimum sentencing is an obsolete and ineffective crime control policy that needs to be replaced. There are several reasons that these laws need to be repealed. The first of these is that the discretion is taken away from the judge and given to the prosecutor....
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...The 1970s saw an increased popularity in cocaine use. Although President Nixon declared a “War on Drugs” in 1972, overall American sentiment toward cocaine in the 1970s was rather indifferent. A 1977 Newsweek article reflected this feeling: “taken in moderation, cocaine probably causes no significant mental or physical damage and a number of researchers have concluded that it can be safer than liquor and cigarettes when used discriminately.” Many viewed the drug as the “marijuana of the 1970s” and relatively few felt that cocaine posed any real threat. Cocaine, an extremely expensive drug at the time, was often associated with ambitious young businessmen and glamorous celebrities, which helped to fuel its popularity, as well as propagate the notion that cocaine was a harmless and enjoyable drug. Freebase cocaine, the purified form of powder cocaine, was also used throughout the 1970s, although it enjoyed much less popularity. As with powder cocaine, the users of freebase tended to be rich, middle class and white. Freebase was produced by “cooking” powder cocaine in a number of steps, one of which included ether, a highly combustible liquid. The resulting process was extremely pure, but never became particularly widespread due to the tricky process to make it and the danger of fire and explosion. The simplicity of making crack was a major factor that led to crystallized cocaine becoming more widespread in the 1980s. Powder cocaine use declined in popularity in the middle...
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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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...Ineffective Treatment of Addiction through the Criminal Justice System According to a recent survey, nearly “two-thirds of people polled support treatment over incarceration (Pew ResearchCenter for the People & the Press, 2014).” While a staggering “sixty-three percent favor doing away with minimum mandatory sentencing” altogether (Pew, 2014). This is extremely significant as it shows that a fundamental shift is occurring. For decades, our primary source of information concerning addiction has been our U.S. Government. Their strong emphasis on the purported “War on Drugs” has led to mass corruption on their part while simultaneously taking an active role in legislating zero-tolerance mandatory minimum sentencing. The recent Pew Poll is a prime example that the majority of Americans have seen the ineffectiveness behind our current policies. As more and more research is released on the subject of addiction, it is becoming increasingly obvious that a solely criminal approach is undeniably ineffective and in some regards, inhumane. Ineffective treatment of addicts has created; over-crowding on our criminal justice system, inexcusable financial hardships on our society, and is a major factor behind the revolving door syndrome. A quick look at the current state of our prisons can be rather glaring. The U.S. currently houses approximately 2.3 million inmates. Out of this number approximately 1.5 million have been medically diagnosed with severe substance abuse issues with an additional...
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...Why is the Incarceration Rate in the US so high? The United States has about 300 million residents, about 5 percent of the total world’s population, but the prisons in the United States account for 25 percent of the world’s inmates. This statistic gives the United States the highest incarceration rate in the world with 743 of every 100,000 people behind bars (Levin 2013). On the other hand, Canada, our northern neighbor only has 113 per 100,000 of its citizens in prison (Levin 2013). So the question is, what really is behind the high incarceration rate in the United States? The difference is substantial and cannot be ignored; the incarceration rate in the U.S. is nearly 6.5 times larger. This is a staggering statistic and begins to raise some valid concerns, could it be that the United States court system is structured in a way that unfairly treats criminals? Or could it be that people in the United States just commit more crimes per capita than the rest of the world? The latter doesn’t seem like a plausible explanation, the United States and Canada are so similar it almost seems unrealistic to assume that the crime disparity could be so wide. That leaves us with the idea that the United States court systems unfairly treats criminals or just treats criminals harsher than any other developed country in the world. This thought is certainly very frightening and should be a concern for every United States citizen. Even though most people are good, law-abiding citizens, sometimes...
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...Miller v. Alabama CJA/354 Miller v. Alabama The United States Supreme Court consists of eight associate justices and one chief justice who are petitioned more than 5,000 times a year to hear various cases (Before the Court in Miller V. Alabama, 2012). At its discretion, the Supreme Court selects which cases they choose to review. Some of the selected cases began in the state court system and others began in the federal court system. On June 25, 2012 the justices of the Supreme Court weighed in on the constitutionality of life without parole for juvenile offenders. The case was Miller v. Alabama and actually included another case, Jackson v Hobbs, as well (2012). Both were criminal cases involving 14 year old boys who were convicted of murder and sentenced to a mandatory sentence of life without parole (2012). In 2009, juvenile courts in the United States handled an estimated 1.5 million delinquency cases that involved juveniles charged with criminal law violations (Knoll & Sickmund, (2012). What made Miller and Jackson so special that the Supreme Court chose to hear the case was their age and the mandatory minimum sentence each of them received at the lower level jurisdictional court. To highlight the significance, a review of the two respective cases is necessary. Additionally, after reading this paper the reader will have a better understanding of what accomplice liability and criminal liability are, and the differences between the various elements of crime, and...
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