...Punishment and Sentencing Philosophies Punishment and Sentencing Philosophies Chandra Walker Axia Online-UOP Abstract In this paper we will discuss the various punishment and sentencing philosophies that are used within the criminal justice system. The process that is used to apply justice is determined for the most part by punishment philosophies. These philosophies are used to express a variety of different concerns and arguments regarding the use of appropriate sentencing and treatment. Rehabilitation is a philosophy that predominantly rues the juvenile justice court system, but do not carry as much weight and is widely scrutinized within the adult courts sector. Rehabilitation may be scrutinized in the juvenile justice court system when the criminal behavior of the juvenile continues to escalate, but when rehabilitation is successful then it can be both beneficial for the criminal and society. When the appeals process is exercised it provides the fair practice of law, ensures those at trial the rights of due process, and gives clarity and provides full understanding of justice and the law. Punishment and Sentencing Philosophies In any nation that strives for great democracy, the major concern is the guaranteed universality of justice. For the US this is an ongoing process that is pursued largely in the court systems on an ongoing basis. Many criminalists state that if it the general basis for an action to constitute a crime really...
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...The Juvenile Criminal Justice System The statistics of juvenile crime are staggering: each year the juvenile justice system processes more than 2.5 million juvenile arrests each year and decides the fate of nearly 5,000 delinquent juveniles every day. This paper will cover the philosophies that shape the juvenile system and how it differs from the adult justice system. It will also touch upon the sanctions involved, the legal factors that are associated with sentencing and how the appeals process works (Chung, Little, Steinberg, & Altschuler, Feb.2005) Historically, juvenile criminals were treated the same as adult criminals. It wasn’t until about a century ago that the philosophy behind the way that juveniles that violate criminal laws were treated differently from adult offenders. Punishment was the central criminal law philosophy in English common law. Most people presumed that children under the age of seven were not capable of forming criminal intent, thus eliminating them from the criminal justice system completely. Children between the ages of seven and 14 were also presumed incompetent to form the requisite criminal intent unless the prosecutor could demonstrate that the child knew the difference between right and wrong. Children over age 14 were presumed to have the capacity to form criminal intent (Patton, 2011). During this time there were no special courts to deal with adolescent offenders. Because of this they were arrested, held in custody, tried, and...
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...Punishment and Sentencing CJA 224/Introduction to Criminal Court Systems March 26,2012 Abstract This paper will explain and identify the various punishment philosophies within the juvenile court and its processes. Also the adult court process will be explained how they differ with the punishment philosophies. In addition, the sanctions involved, various legal factors associated with sentencing, and the aspects of the appeals will be explained. There are four punishment philosophies which include: deterrence, incapacitation, rehabilitation, and retribution. The goal of each philosophy is to deter crime, however each approach is different. The purpose of deterrence is to prevent crime by persuading individuals not to commit crimes because they have been punished for violating the law. For example, “when people decide not to park in a handicapped space because they have been fined or do not want to be fined, they have been deterred from illegal activity” (Meyer & Grant, 2003). There are two types of deterrence: general and specific. Specific deterrence is when criminals are deterred from future crimes because they have been punished. At whatever time convicted criminals state they want to avoid returning to jail, specific deterrence is in effect. General deterrence is when the community or people in general are deterred because they know criminals are punished. For example, when driving a vehicle, it is known not to speed or a ticket will be issued; 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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... |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 modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Course Materials Meyer, J. F., & Grant, D. R. (2003). The courts in our criminal justice system. Upper Saddle River, NJ: Prentice Hall. All electronic materials are available on the student website. |Week One: History of the Courts...
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...Future of the Juvenile System John Doe CJA/374 Future of the Juvenile System The future of the juvenile system in today’s economic environment has put a magnifying glass on all things government. In this discussion, it will be recommendations for the future of the juvenile system as a whole. The included parts will be on the community, courts, juvenile corrections, law enforcement, privatization, and the justification for the juvenile system. Community and Courts The purpose of the community and court systems is to provide all governments, communities, organizations, and advocates all areas of the Juvenile System along with the requirements for the system. Having this system in place is to improve the justice system for all juveniles who commit crimes with discipline and structure. We have so many people of all cultures and aspects of life which commit crimes on a daily basis. Crimes are being committed for many reasons, it could be to support someone’s family, a person who has a drug problem where someone would do anything to support their habit, lost of job, lack of education, low self-esteem, or either the person may feel worthless. There could be different reasons why a person commits a crime but that does not give anyone a good reason to break the law and hurt someone in the process. Some recommendations which I would see may help throughout the justice system would be everyone who has something to do with the assessment involving the court system should have...
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...Juvenile Delinquency and the Adult Court System Soc. 321 Juvenile Delinquency February 21, 2013 Table of Contents Abstract 3 Social Norms in Society 4 The founding father 4 Gangs 4 Juvenile Delinquent 5 Juvenile Justice 5 Juvenile Prosecution 6 Waivers 7 Factors for Waivers ...
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...History of Juvenile Justice System Roger King University of Mount Olive Juvenile Justice Systems and Processes CJC 310 Timothy Malfitano February 7, 2015 Abstract This paper will discuss the history of the juvenile justice system. I started this paper by looking at the history of the juvenile justice system, which showed how laws and legal measures involving juvenile offenders have an extensive history. There were no isolated courts or laws, and no services for juveniles, up till the 19th century, children who committed serious offenses were punished and restrained in prison the same way as adults. The changes in legislation rose the age at which individuals officially became adults. This change helped many juveniles escape the cruel treatment in the adult prisons. These changes were based on new understanding of the relationship between physical, mental maturity and acknowledgment. The American juvenile justice system has evolved over the past century with variation that embellished from the adult criminal justice process. The first juvenile's court was acknowledged in 1899, in Chicago, Illinois, and by1945, all states had juvenile courts. The juvenile crime rates particularly homicide rose during the 1980s and 1990s. Therefor the system faces a vast of questions about whether young offenders should be tried and sentenced in a different way than adult offenders (Lawrence & Hemmens, 2008, Chapter 1). The juvenile courts wanted to turn young felons into...
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...Bibliography………………………………………………………………16 9. Appendix………………………………………………………………....17 EXECUTIVE SUMMARY In summary, the cost of housing an incarcerated inmate does affect the budget of the United States. Whether, the inmate is sentenced to life imprisonment or the death penalty. The facts in this research paper leans heavily in favor of life imprisonment as a cheaper form of punishment verses an inmate being sentenced to death row. The judicial system and politicians have formed several alternatives to assist our country with the ability to lower the cost of housing an inmate in our prison system. For example, the United States detaining systems are concentrating more on issuing a fair sentence to nonviolent offenders, such as, substance abusers and prostitutes. They realize that the majority of the inmates are in need of drug rehabilitation and have a mental illness. Also, the research shows that women offenders are the most affected with drug addiction and substance abuse. They also have the greater risk of recidivism and mental illness, due to, the drug addiction and substance abuse. The judicial system formed an alternative called “sex courts” to address the situation with female prostitutes. The alternative addressed the need of therapeutic rehabilitation (drug treatment and mental health counseling), instead of, incarcerating the...
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...Chapter One – Introduction 1.1: Introduction 1.2: Origin of the study 1.3: Objectives of the study 1.4: Data collection process 1.5: Limitations 1.1: Introduction Juvenile Delinquency is a terrible problem in the unequal management system of society of the modern world. Juvenile Delinquency is increasing for the fast and speedy development of Industrialization and Urbanization. Industrialization and Urbanization make changes the Family structure which increases the propensity of Juvenile Delinquency. A large scale of people has been shifted to City town from rural area and keeps staying in the abdomen. This also increases Juvenile Delinquency. Now Juvenile Delinquency has emerged as a matter of concern in Bangladesh in recent times with the number of children and young people involved in "criminal activities" rising at an alarming rate. In most of the cases this is not a deliberate choice for the children. Numerous social factors coupled with poor parenting, family troubles and above all extreme poverty are pushing these children to this anti-social position. A child is born innocent and if nourished with tender care and attention, he or she will be blossom with faculties physical, mental, moral and spiritual into a person of stature and excellence. On the other hand, noxious surroundings, neglect of basic needs, bad company and other abuses and temptations would spoil the child and likely to turn him a delinquent. Therefore, expressing his concern for Child...
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...THE JUVENILE JUSTICE SYSTEM CHAPTER ONE Chapter Outline Origins of the Juvenile Justice System Juvenile Court Jurisdiction Defining Delinquency Defining a Juvenile Chapter Objectives After completing this chapter, you should be able to: 1. Describe the jurisdiction of the juvenile court. 2. Explain what is meant by delinquency. 3. Explain what is meant by status offenses. 4. Compare the ways in which the various states define a juvenile. 5. Identify and define the unique terms used in the juvenile justice system. 6. Outline the three major steps in the juvenile justice process. 7. Describe the five decision points in the juvenile justice process. The Language of Juvenile Justice Overview of the Juvenile Justice System Law Enforcement and Other Referral Sources Juvenile Court Disposition Comparison of Juvenile and Criminal Justice Systems 8. Compare and contrast the juvenile and criminal justice systems. 3 4 PART ONE Juvenile Justice and Delinquency in the United States Origins of the Juvenile Justice System Before the establishment of the juvenile justice system, courts and judges treated juveniles as adults and, in many instances, juvenile offenders received the same punishment as adults. There was only one system of justice in the United States, and all offenders were processed through it without regard to age. Under common law doctrine, the legal system the American colonists brought from England, a juvenile age seven or older could receive the same...
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...CRIMINAL JUSTICE, ETHICS & MORALITY, LAW, MODERN CIVILIZATION, PEOPLE, UNCATEGORIZED Celebrities HOW SIR ROBERT PEEL INFLUENCED MODERN POLICING Change NOVEMBER 6, 2015 CONTENTRADER 1 COMMENT Business & Finance C. J. Oakes Casual Sex Claire Jeffers Classic Literature Climate Change Collectibles Commercial Art Communication Community Conspiracy Theories Sir Robert Peel indisputably has wielded more influence on modern policing than anyone else. In fact, his influence has been so strong that he is often referred to as the father of policing. To what extent is this the case? PLEASE FOLLOW & LIKE US :) Translate » Constitution Constitutional Law ContenTrader Admin Corporations Corrections Courts Policing the population is an activity carried out by governments for thousands of years. It was not until Sir Robert Peel persuaded the British Parliament to create the London Metropolitan Police in 1829 that policing took on the professional auspices known today (Villiers, 2006). Creative Writing Crime Criminal Criminal Justice Criminal Justice Administration...
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...Punishment In Criminal Justice CRJ 301 Juvenile Justice Iesia Mitchell Instructor: Diane Williams April 30 2012 Punishment In Criminal Justice CRJ 301 Juvenile Justice Iesia Mitchell Instructor: Diane Williams April 30 2012 | | There are five general aims or functions or justifications of punishment. The first being Deterrence There is a belief that punishment for crime can deter people from offending. There are two forms where deterrence is concerned with punishing an individual offender in the expectation that he will not offend again, and General deterrence is related to the possibility that people in general will be deterred from committing crime by the threat of punishment if they are caught. There is also the theory that criminal laws are passed with well-defined punishments to discourage individual criminal defendants from becoming repeat offenders and to discourage others in society from engaging in similar criminal activity. Deterrence is one of the primary objects of the Criminal Law. Its primary goal is to discourage members of society from committing criminal acts out of fear of punishment. The most powerful deterrent would be a criminal justice system that guaranteed with certainty that all persons who broke the law would be apprehended, convicted, and punished, and would receive no personal benefit from their wrongdoing this aim is effective by long prison sentence and heavy fines (Criminal Deterrence and Sentence Severity, 1999). ...
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...Version 2 | | |Introduction to Criminal Justice | Copyright © 2009 by University of Phoenix. All rights reserved. Course Description This course is an introductory overview of the organization and jurisdictions of local, state, and federal law enforcement, judicial and corrections agencies, and processes involved in the criminal justice systems. It examines the historical aspects of the police, the courts, and the correctional system, as well as the philosophy. Additionally, career opportunities and qualifying requirements, terminology and constitutional limitations of the system will also be covered. 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 modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Discussion Questions Additional discussion question points are allotted for Online...
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...BABY AND THE BATHWATER: THE PERILS OF HOLDING JUVENILES IN CONTEMPT RICHARD SEITZ UNIVERSITY OF BALTIMORE SCHOOL OF LAW FALL 2008 You can learn many things from children. How much patience you have, for instance. - Franklin P. Jones THE CASE OF A.S. In December of 2007, A.S., a 17 year old female, was subpoenaed to testify as a state’s witness in a case against a man accused of assaulting another woman. When she failed to respond to the subpoena and did not appear at trial[1], St. Mary’s Circuit Court Judge C. Clarke Raley issued an order for her arrest. She was picked up by patrol officers on New Year’s Eve, and appeared before a different judge, who subsequently released her on her own recognizance. On January 9, 2008, Judge Raley issued another order, this time finding her in direct criminal contempt for her previous failure to appear as a witness, and summarily sentenced her to 30 days in the St. Mary’s County Detention Facility, the county’s general population prison for adult criminal offenders. A.S. was jailed in the detention center among the adult population; public defenders appealed to the judge on her behalf, claiming that her imprisonment was in violation of the Juvenile Justice and Delinquency Prevention Act[2]. Judge Raley was not compelled by the argument, stating that she A.S. “was not best served by guidance, treatment or rehabilitation [in a juvenile facility], but by a brief exposure to the St. Mary’s County Detention...
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