...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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...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 There are several reasons that these laws need to be repealed.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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...Sentencing Paper Joan Hamm CJA 234 October 12, 2015 Dennis Holder Sentencing Paper An analysis of the state and federal objectives of punishment are the consequences or penalties for a crime(s) that have been committed. The punishment ensures that the offender is adequately punished for the offences they are being accused of. The implementation of punishment is to prevent the criminal behavior by deterring the offender from committing similar offences. Usually punishment applies to the offender per the crime that has been committed (Hamilton, 2014). If the accused is a repeat offender of federal crime then they go to a federal prison, for almost every other crime the offender goes to a state prison. A prison-- whether it be state or federal, main objectives is preventing and controlling criminal behavior and acts. There are seven usual punishments depending on the judge’s and/or the jury’s decision at trial (Hamilton, 2014). The minimum sentences like Intensive supervision such as: parole, house arrest, probation, etc., Rehabilitation such as: counseling, drug rehab, restitution, community service, fines, etc. On the contrary, more sever punishments include: capital punishment and incarceration. This type of sentencing is imposed as a criminal sanction by a judicial authority. Mandatory minimums, such as: the three strikes laws and sentencing guidelines require specific sentences. It is done with little consideration of personal factors as it pertains to offenders, their...
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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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...Sentencing Paper Ruben Varela CJA/234 08/11/2014 Introduction In this paper I will go over the state and federal objectives of punishment. Also I will discus how does sentencing affect the state and federal corrections systems. I will define determinate and indeterminate sentencing; also give my opinion of which sentencing model do you feel is most appropriate. State and Federal Objectives of Punishment Punishment can be broke down into four fundamental objectives. These objectives are deterrence, retribution, rehabilitation, and incapacitation. The first is deterrence; this is where people are discouraged from committing crimes. This can be broken down into two subcategories; specific and general. Specific is aimed at offender do not want to commit a crime because of the punishment received the last time they were caught. General is where someone is made an example to prevent others from doing the same thing. An example would be the over publicizing of inmates that receive death sentences. The second is retribution; this means that they punishment needs to fit the crime. A judge will not sentence someone to five years for a traffic violation and give a convicted murder just a few days. Judges need to take into account the full impact the crime had on everyone. The next objective is rehabilitation or reform. This aims at changing the behavior that caused the individual to commit their crime in the hopes that they will not commit the offence again. Some examples...
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...Sentencing Paper Name CJS 200 11/27/2011 Sentencing Paper If you would compare the reasons and sentences of today, to the sentencing too years past, there really is not much of a comparison. Religion, morals, values, and emotions are four of the philosophical reasons for sentencing criminals. Back in history judges were expected to be harsh on people that committed crimes. Capital punishment, torture, and painful physical penalties were the verdicts to criminals. Criminals were thought to have evil within them. That is why punishment was so harsh to have the evil removed from them. In today’s courts sentencing and punishments are a lot less harsh than they were back in history. Today we have fines, probation, and imprisonment to deter criminals from committing crimes. There are many things that are different but the one punishment that is the same is capital punishment. If you took the life of someone today or back then your sentence was and still is death. Although sentencing is different criminals still do not like the consequences. There are six forms of punishment. They are fines, probation, imprisonment, restoration, alternative punishment, and death. Fines are one of the oldest forms of punishment. Fines can favor the wealthy and discriminate against the poor. Fines are the mildest form of punishment. In many cases fines are added to criminal’s sentences. Generally fines are associated with mild arrest such as traffic fines, speeding tickets, and fines for driving...
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...Sentencing in America Jim Harper CJA/234 March-25, 2013 Mary Walker Sentencing in America Trials in America can be lengthy process. Even when there is a large amount of evidence against a defendant, the trial process may still carry on for months or even years. In the end, however, there must be a verdict. That verdict will either be innocent or guilty. If the defendant is found innocent he or she can be set free. However, if the defendant if the defendant is found guilty he or she must be sentenced. The sentencing aspect of the trial process belongs to the judge. The judge must weigh many factors before handing down the sentence. The judge must determine a fair and proper sentence to fit the crime. Too much may spark outrage in the public, as will too light of a sentence. The judge must find a way to serve true justice to the defendant. However, generally no matter what the sentence is, someone will be dissatisfied. Over the next few paragraph, how these sentences affect the correction system and the overall objective will be examined. The difference between in determinate and indeterminate sentencing will also be examined. Objective and Effects of Sentencing The overall goal of sentencing a person is to deter future criminal acts. Some people believe that inmates should be sentenced for rehabilitation, whereas others believe in strictly deterrence. With America’s “tough on crime” stance, the model tends to be...
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...Axia College Judicial Sentencing CJ/200 March 31, 2013 Judicial Sentencing In an attempt to control society by establishing and maintaining a set of rules, guidelines, and consequences, sentences are handed down by the judicial court system for all crimes that have been committed. Sentencing is the imposition of a criminal by a judicial authority (Schmalleger, 201). The five philosophical reasons for sentencing criminals are retribution, incapacitation, deterrence, rehabilitation, and restoration. The six forms of punishments are fines, community service, probation, imprisonment, parole, and capital punishment. The five philosophical reasons for sentencing criminals are listed as: retribution, incapacitation, deterrence, rehabilitation, and restoration. Retribution is commonly known and/or viewed as vengeance or “eye for an eye”. It is perhaps one of the earliest known forms of punishment that pre-dates before any formal justice systems were enacted (Schmalleger, 2011). Previously, this form of punishment was brought on by whoever believed they were the victim of a crime. The victim seeking retribution was judge, jury, and in some cases executioner. While this still occurs today, it is not as common as it once was due in part to our formal judicial system. Incapacitation is the act of imprisoning a criminal in order to reduce any harmful acts upon citizens or society in general (Schmalleger, 2011). This method uses confinement or prisons as a means to keep...
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...Sentencing and Punishment Paper Karen Peters CJS/200 03-31-2013 Brenda Barney Sentencing and Punishment Paper There are several philosophies used in the court systems that are used in determining what the punishment will be for criminals that are found guilty for the crimes they have committed. The four philosophical, reasons are used in juvenile and adult courts; they are retribution, incapacitation, deterrence, and rehabilitation. Juvenile courts are similar to how that adult court systems, but there are several differences of the two. Both systems work at trying to keep crime from occurring, and they both us some sort of sentencing and punishment for the criminals that are found guilty, they use the punishment philosophy that courts use to determine a punishment suitable for the crime and that will help with future prevention of crimes happening from the same offenders. Six forms of punishments go along with the four philosophical forms. The first philosophical reason is retribution; this is the earliest form that is known as a rationale punishment, it followed the Old Testament of and Schmalleger (2011) “eye for and eye” and a “tooth for a tooth” (p. 373). In the case of minor crimes, it was supposed to lower the severity of punishments. In today’s world it corresponds to what is called just deserts a form of sentencing holding criminals responsible for the crimes that they commit. Once they are convicted they are known to have gotten their “just deserts”...
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...CJA234 April 29th, 2013 Mr. Earl Mc Dowell Sentencing Criminals are valued and guilty in court and in society for correction of the breaking the law. Punishment is vital to withstand balance and reestablish order in society also to foreclose incoming trauma. This report will examine the chief objects of imprisonment inside the United States corrections system. The antithetic objects of imprisonment will be talked about along with how condemning affects the nation and federal corrections systems overall. The point of imprisonment is to ascertain that criminals pay for the crimes they commit and to hopefully turn them around so that they don't restate the law-breaking. Imprisonment could include, captivity, economic sanctions, or death as sentences for guilty felons. The aims of imprisonment are intimidation, incapacitation, and renewal. The point of deterrence is to convince criminals not to recur a law-breaking since of the outcomes involved. The imprisonment applied with intimidation is captivity which would lead criminals to fear this imprisonment so they abstain from committing the law-breaking. The point of exhaustion is to drain felons so that they'd no longer have the ability to commit a crime. Incapacitation protects society by making it securer and not allowing felons to do whatever further damage as they've been polished off from society (Foster, 2006). The aim of reclamation is to rectify felons so that they are capable to...
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...Punishment and Sentencing A serious crime conducted by a child is sometimes a surprise to society because of the perception of innocence synonymous with children. Adults who commit crime are held to harsher punishments and less leniency as juveniles. Perhaps the reason for this is to foster a change in children and afford them the possibility of successful rehabilitation. This paper will identify the various punishment philosophies within the juvenile court and its processes. Additionally differences in philosophies between adult court and juvenile court will be discussed. Lastly the sanctions, legal factors associated with sentencing, and appeals process will also be examined. Juvenile Punishment Philosophies When juveniles are arrested, they are either labeled as being responsible for criminal conduct or considered a status offender. A child under 18 years of age is considered a juvenile. A juvenile who breaks the law other than a traffic violation, truancy, curfew violator, or runaways, their acts are considered delinquent conduct. When juvenile offenders break the law their cases will be held in juvenile court (C, Law, 2010). Each state will vary on what minimum age it will hold juveniles criminally responsible and the nature of the crime, state and federal laws will all factor into what punishment they will be subject to. Some states can prosecute ages as young as six years old, while federal agencies set their age limit at ten years old, however juveniles must be able...
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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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...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 how liability and the elements of crime relate to the reviewed case. Evan Miller Evan Miller was 14-years old in July 2003 when he robbed and savagely beat Cole Cannon (De Vogue, 2012). After beating Cannon with their hands, feet, and even a baseball bat, Miller and 16-year old Colby Smith then set Cannon’s trailer on fire (2012). Actus reus, or criminal act, is required for a crime to...
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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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...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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