Essays on Sentencing

Sentencing guidelines in the United States are complex and varied, depending on the type of crime that the individual committed. Usually, sentencing guidelines are concerned with felonies and more serious misdemeanors (“2010 Federal Sentencing Guidelines Manual,” 2010). Usually sentencing guidelines are given when the individual who has committed a crime has been convicted of a Class A misdemeanor or higher-- that is, they have committed the highest possible class of misdemeanor, or they have committed a felony. When an individual commits a crime that carries more than one year of jail time as a mandatory sentence, they have committed ...

Sentencing may be described as the decision of action taken against one convicted of an offense. Sentencing is obviously an important decision in the criminal justice process, and has evolved with it. Society has traditionally responded to criminal acts by handing over a punishment to the offender. In the implementation of sentencing, a conflict is evident between the goals of equal justice and the individualized justice with punishment to the offender, in line with the interpretation of the criminal law. It should be noted here that there is an element of reflex in our concept of punishment. Human beings ...

Introduction

Asked to stereotype a criminal, many people are likely to go for a certain gender (usually male), a certain social class (usually low class), a certain race (usually black) and a certain age (usually under the age of 30). In the early days, courtrooms exclusively comprised of white decision makers. Today there is more racial diversity in the composition of judicial benches. In spite of this progress; race, class and gender still play a critical role in numerous criminal justice outcomes. The role of these issues usually comes in handy in the sentencing of convicts. More than 40 studies ...

Magistrates and judges must take into consideration a wide variety of factors in determining the sentencing of offenders. The sentence must primarily coincide with the statutory guidelines that implicated in the Crimes Act 1999 (Sentencing Procedure) (NSW), and guidelines set out by the judicial system that creates precedent for all the magistrates and judges within the country. In regards to the extent of the law the purpose of sentencing fundamentally include, incapacitation, rehabilitation, retribution, and deterrence. In regards to victims, the challenge in achieving a balance in the rights into consideration is their right to make their object complaint ...

Over a long period of time, the federal government has had struggles in instituting the rules and guidelines on matters of sentencing. This is so because of the sensitivity of the judicial sentencing authority especially following the Reform Act of 1984 which came as a replacement to the former traditional sentencing policy. The Reform Act of 1984 is a more strict authority which is proscribed by the enactment of mandatory guidelines to deal with sentencing. There also arose the limitation brought by the Supreme Court’s decision on the constitutional grounds with the exercise of mandatory guideline provided for ...

Abstract

Mandatory Sentencing takes away the benefit of considering the circumstances involved when arriving at the sentence against the specific crime. This article discusses the disadvantages of “Mandatory Sentencing” on the basis of “Mandatory Sentencing” beating the very purpose of Justice, “Mandatory Sentencing” prevents rehabilitation of Prisoners by denying Parole and the financial impact on state and families of offenders undergoing “Mandatory Sentencing” Keywords: Mandatory Sentencing, Probation, and Special category offenders.

Justice is defined as the proper administration of the law, the fair and equitable treatment of all individuals under the law. The very objective of “Justice” is punishment, rehabilitation ...

- Racial discrimination in sentencing, incarceration and policing of black as opposed to white

Criminal Justice Policies and Black Incarceration

- Influence of criminal justice policies in incarceration patterns - Drug policy and incarceration pattern of the black as opposed to white - Influence of social inequality on rate of criminality

Policing, Arrest and Conviction Patterns

- Policing, arrest, and conviction patterns of black, white, and Hispanic tend to differ in various states - Criminal penalties for crack and powder cocaine offenses indicates the disproportional effects criminal justice system on black and Latino IV) Conclusion - The mass incarceration of black as opposed to other ethnic groups in United States ...

My position on sentencing

After reading chapter three, I think the current sentencing system needs to be amended. Different crimes require different sentencing depending on the magnitude of the crime. Today, the most practiced sentencing is sending the lawbreakers to the jail. In my own opinion, we should have a variety of sentences, and not necessary jailing (Schmalleger & Smykla, 2009).

The purpose of sentencing

Over the years, sentencing has served different purposes. However, the primary purpose of sentencing is mainly to reprimand the lawbreaker. The first purpose of sentencing is to reduce crime by deterrence. When a criminal is sentenced, this prevents him or her from committing ...

Mandatory minimum sentencing laws are inflexible sentence that courts are forced to hand on a convicted individual. These laws do not factor in culpability and other mitigating elements surrounding the crime committed (Bjerk, 2005). These laws vary from jurisdiction to jurisdiction. These laws apply mainly in common law jurisdictions as in civil law each crime is prescribed minimum and maximum sentences (Gilpin, 2011). In scenarios where the mandatory minimum sentencing laws prevail, judges have only the core duty to determine whether an individual is guilty or innocent. The laws were formerly introduced in two countries, the United States, and ...

Introduction

As we all well know, the jails are becoming more and more crowded with each passing month, and it has gotten to the point where putting a criminal in jail is not an option anymore. Ultimately, judges as well as other officials are aware of the limited capacity of the jails not just in their jurisdiction, but in others outside of their own as well. Some criminals or even first time offenders feel relieved at the fact that they can get away with murder, and no one can stop them. If they are stopped then they are instead let ...

Until the 1980’s, federal courts utilized a sentencing system known as “indeterminate”, meaning that trial judges were able to sentence offenders using their own discretion. However, according to “Sentencing” (n.d.), an article on the Legal Information Institute website, research showed that under this sentencing system criminals were given widely disparate sentences for essentially similar crimes, according to the whim of individual judges. As a result, in 1984 the Comprehensive Crime Control Act of 1984 was passed by Congress. That legislation included the Sentencing Reform Act (SRA). To create a more uniform sentencing system, the SRA created a new ...

The dual court system is perhaps among the most important and the most perplexing traits of the judicial structure and system in the United States. As a result of having a dual court system, both state and national levels of government in the United States have their own set of courts. Each state in the United States and the District of Columbia has its own separate court system, and the federal government has its own separate court system as well (Neubauer, 2002). The United States has a dual court system because of the federal system of government established by ...

Goal and challenges of the justice model

The justice model of sentencing in criminal justice was proposed by one David Fogel as a method of sentencing convicts that would eliminate the disparity created by the unbridled judicial discretion in sentencing. The main goal of the model is to punish crime. It is intended to do away with the rehabilitative aspect of correctional services in that it looks at an adult who has committed the crime as someone who deserves the punishment rather than someone who is ‘sick.’ It reduces the judicial discretion that judges are given by ensuring that the range of years within which a ...

Criminal Law

Executive Summary This paper will discuss of the current flawed policies in the criminal justice arena and provide recommendations on how to revise these mistakes to make the policies more effective. The primary consideration of the report is to maintain public safety and to implement cost-effective policies. As an expert in the field of criminal justice, the goal is to advise the Task Force by creating an Expert Panel and to present a report to the Governor based on the problematic areas of the criminal justice arena in the State of Florida. The following objectives of the report shall ...

Psychology

Answer to Question

A. Variables 1. IV #1: Ordinary manipulated between

Levels: Robbery

Forgery 2. IV #2: Attractive manipulated between

Levels: Robbery

Forgery 3. DV: the mean number of sentencing months determined using arithmetic test

B. Hypotheses

1. Main effects Ordinary – There is a significant effect for attractiveness perception when it comes to the length of sentencing imposed on ordinary looking male than the more attractive male. Attractive – The nature of offence may have a significant. Considering the interaction (see below) there is a difference on the length of sentencing between robbery and forgery. Attractive male is likely to be sentenced for a longer period ...

Introduction

Death penalty which had been abolished in 1970s was quickly restored during 1970s itself. There have been charges of racial discrimination in the application of death penalty both before and after abolition and restoration of death penalty. Research on the subject suggests a pattern of racial discrimination. Since 1976, percentage of blacks executed has been 35 while, the blacks form just 12 % of the total population. Research indicates that blacks are four times more likely to receive death penalty than if the defendant is white. In 2000, percentage of blacks on death row statewide were 46 % in Alabama, 36 % ...

Victim Impact Statements

Victim impact statements provide the victim of a criminal act the opportunity to tell the judge about the effects of the crime for which the trial is being held (Minn. Dept. of Public Safety, 2011). This is something that may not arise during the course of a criminal trial, and it may present information that is relevant to the sentence imposed. The statement is given at the time of the sentencing or the juvenile dispositional hearing, and it is usually presented by the victim, family members or guardians, or the custodian of a minor or deceased ...

Abstract

The main purpose of this paper was to argue for the use of intermediate sanctions compared to prison sentences. The paper highlighted the potential benefits of using intermediate sanctions as a replacement for prison sentencing. It was established that intermediate sanctions are cost effective, ensure offender rehabilitation, reinforces public safety and serves to address the problems associated with the prison sentencing such as overcrowding and recidivism rates. The paper also discussed the nine types of intermediate sanctions used in the United States including Intensive Supervision Programs, Fines, Community Service, Day Reporting Centers, Remote location monitoring, Residential Community Centers, Boot ...

INTRODUCTION

Criminal homicide is the act of ending another person’s life by the hand of another (Luckenbill, 1977). There are many different ways in which criminal homicide is defined in the American criminal justice system; different degrees of what constitutes homicide, as well as other mitigating factors, can help to determine the sentencing of an individual or individuals who take part in the act, whether voluntarily or not. This is meant to apply as individualistic a sentencing as possible on the particular situation, instead of making standardized choices for criminal homicide on the whole. All of this leads to ...

- Introduction Establishing justice for the victim of a crime is one of the purposes of the legal justice system; it is a founding basis upon which other legal principles are built. There is a difference between justice and revenge, however; and revenge is often the topic of discussion when including victims in the legal process is concerned, particularly in the sentencing phase. The discussion here will center around the question of whether the victim or victims should be involved in the sentencing process, given their close emotional connection with the crime in question. - Literature Review A number ...

Measuring the effectiveness of mandatory sentences among drug-related offenders

Applicable Sociological Concepts One of the sociological concepts that impact drug abuse is culture. Culture refers to the way of life of an individual. This includes how they live, how they dress, how they work among other things. The sociology of culture is the intersection between sociology and culture. There is a huge difference between society and culture and yet not one can exist without the other. Studies show that drug use and abuse varies with cultural diversity. Different races and ethnicities have a higher propensity for abusing drugs more than others. Mandatory incarceration would affect other members of ...

The processes involved while handling felony criminals is a safe guard against the criminals, and the processes also helps with willful treatment of the suspected criminals. The processes are specifically designed to impose the constitutional rights of the suspected criminals and the defendants. The process starts from the police contact with the suspected criminal, arrest of the suspected criminal, investigating the crime, trial of the suspected criminal, sentencing and finally the appeal. The major constitutional provisions that regard the criminal procedures are found in the fourth, fifth, sixth and eighth amendment of United States’ constitution (Scheb & Scheb, 2013). The ...

Article review

Over the last four decades, there have been major trends in the criminal law sectors. Criminology has revolutionized from the basic notions proposed by Aristotle to the contemporary laws and regulations proposed by the modern authorities in the field of law and criminology. More so, there have been major changes in correction centers, authorization of sentencing, and other sectors involving the criminal handling. Additionally, article review includes relating a piece of writing in criminology to the modern world and trends that are taking place in the modern world perception of the justice system. Still criminals have become more advanced ...

Criminal justice research project

Overview The respect and application of the rule of law is the integral function of the criminal justice system. Criminal justice system can be termed as collective institutions of implementing justice through upholding the constitution. Such institutions aid in mitigating and preventing crime, in the line of maintaining integrity, transparency and coexistence of the society. What is more, criminal justice institutions incorporate powerful structures, which propagate quality implementation of criminal justice. Similarly, criminal justice system is a process that entails arresting, investigating, prosecuting and imprisonment of criminals who violate the rule of law. AS a result, criminal justice system ...

For example Elizabeth L. Angeli, Department of Psychology, State University.

This research was supported in part by a grant from the Sample Grant Program. Angeli, Department of English, Purdue University, West Lafayette, IN 55555 The value of alternative sentencing “Sentencing refers to the punishment that a judge imposes upon a defendant who has either plead guilty to a charge or who was convicted following a judge or jury trial (Nocuffs.com, n.d.).” “Sentences for a criminal conviction can take many forms, and a conviction does not always mean a trip to prison. Alternative sentences can include different combinations of the ...

What do you make of a system that locks people up for profit?

Incarceration is a sensitive issue in the criminal justice system of all states, especially in this era when the criminologists are championing for rehabilitation. Still, Louisiana is recognized as the prison capital of the world. The motivation behind this fact is quite obvious – profit. In the year 1990 a federal court ordered Louisiana to do something about the rising prison population – either to employ policies that would ensure decongestion or to build more prisons (Chang, 2012). The latter option appeared more appealing to the unscrupulous leaders that subordinated wider interest to personal gains. In my opinion, it is against ...

Over the past few decades, the sentencing process of the United States of America has undergone a lot of changes. These reforms have resulted in longer prison sentences, the stringent policies regarding imprisonment and determinate sentencing have resulted in a movement that advocates extending the time a prisoner spends in jail. These changes include policies concerning habitual offender laws, mandatory minimum sentencing and truth-in sentencing. Laws regarding mandatory minimum sentences were becoming obsolete therefore, they had to be revised. The previous laws did not distinguish offenders into different categories. The prison population has also increased, owing to changes in ...

Split sentencing is a practice that is not strange to the court system of America and the world over. A split sentence is where a convicted felon spends half of his time behind bars in prison, and the other half of his sentence outside prison on probation. However, the probation duration cannot exceed a total of five years. The inmate who is eligible for split sentencing varies from state to state in the US.Using Alabama as an example, a convicted sexual offender whose victim was a minor can never be granted a split sentence. A jail bird whose sentence ...

Statements made by the defendant’s impacts greatly on the sentence he will be subjected to. From the statement made, the judge can determine the behavior of the suspect from the way he talks and this could also be linked to the crimes the defendant is accused and it might determine the sentence. The ineligibility of the client for death penalty was arrived from the statements made by the defendants’ team; the judge was not able to validate and accept the evidence presented. The purpose of sentencing is to punish the accused accordingly to the existing legal provisions. Sentencing ...

Film Studies

The House I Live In is a compelling account of the manner in which America’s War on Drugs has devastates families and individuals especially those belonging to the minority community. It has targeted the poor and the jobless. The film portrays touching anecdotes of those directly impacted by drugs – be it the grieving mother to the drug dealer, the senator to the narcotics officer, the federal judge to the prison inmate. The film highlights this as a serious human rights issue and urges people to speak against the injustice taking place in this country. The film in fact ...

INTRODUCTION

Every company in the US needs to design its codes of conduct in the consideration of Federal Sentencing Guidelines for Organizations (FSGO). It provides an ethical environment to the organization which drives the behavior of employees at the workplace. The report provides an overview of the code of conduct of Quick store. Quick store is a merchandising company and has its retail stores in many states of US. The codes of conduct of three different stores will be discussed to design the code of conduct for Quick store. The factors that can influence the code of conduct of the ...

The most publicized and sensational violent crimes that have been committed recently, such as the attack on the children of Newtown, Connecticut and the shootings at the Batman movie screening in Aurora, Colorado, have been committed by persons who appear to be mentally ill and perhaps additionally suffering from drug addition. The significant overlap between mental illness, drug addiction, and violence is well documented and thus the criminal justice system has put resources behind trying to solve this problem with programs such as drug and mental health courts (Rossman, 2012). In contrast, persons with mental retardation, also known by ...

Short and Long-Term Policies: Prisoner Overcrowding 3

Prison Overcrowding Reduction Policy Stakeholders 4 Prison Overcrowding Reduction: Short-Term Goals and Solutions 5 Prison Overcrowding Reduction: Long-Term Goals and Solutions 8 Creation of Jail Capacity Management Boards and Oversight Committees .8 Alternatives to Incarceration .9 Private For-Profit Prisons 11 Conclusion 12

References .13

Short and Long-Term Policies:Prisoner Overcrowding Overcrowding in jails and prisons is a complex problem that is difficult but imperative for the nation to solve. The United States has the highest rate of incarceration in the world; while countries similar to the U.S. have an average rate of 100 prisoners per 100,000 people, the U.S. has an ...

How judges use power to get media attention.

Most Texan judges have adopted a strategy called creative to sentencing to win the attention of the citizens of a state. Creative sentencing refers to a punishment handed over by a judge that is abnormal and deviates from normal judgments. For instance, Judge Pinkey Carr once ordered Shena Hardin to stand at East 38th and Superior Avenue with a sign that declaimed: “Simply an idiot would drive on the subway to avoid a school bus”. In most cases, creative sentences are weird and; therefore, it will attract attention of the media and the public domain, and since the judiciary ...

Judicial Decision Making

Generally, courts function to solve rows between individuals, groups, corporate organizations and governments, and to interpret the law. They act to protect the rights of these individuals and groups in accordance with the constitution. As such, the first primary requisite for a successful judicial process is an independent court system where politics or other powers cannot influence the sentencing of any case in court. With such independence, the primary objective of protecting the law and delivering justice in the sentencing processes is easily achieved. Courts can be categorically placed into three broad classes in accordance to their involvement in ...

Plea/Verdict: Not guilty by reason of insanity/Guilty but insane (GBI)

Total Days in Jail: 248 Present Offences: The defendant has been found guilty of felony murder, aggravated assault, kidnapping, burglary, and possession of Schedule I drugs. Penalty Range: O.C.G.A. § 16-5-1 (d), felony murder; punishable by death, by imprisonment for life without parole, or by imprisonment for life. O.C.G.A. § 16-5-21 (c), aggravated assault upon a peace officer while the peace officer is engaged in his or her official duties; punishable by imprisonment for not less than five nor more than 20 years. O.C.G.A. § 16-5-40 (b), kidnapping, victim received bodily injury; punishable by life imprisonment or by death. O.C.G.A. § 17-10-6.1, kidnapping ...

Mandatory minimum sentences are sentencing limitations in the United States that are dictated by law (Trial.laws.com, 2013). Certain crimes have been deemed so important by the United States legislature that they carry with them a minimum sentence that cannot be reduced by a judge; this is vastly different than most crimes, as the judge is allowed to take into account the circumstances of the crime when dictating a sentence (Trial.laws.com, 2013). The most common types of crimes that have mandatory minimum sentences are drug laws, but they are by no means the only types of crimes with these types ...

Audience: Drivers who believe that there should be lenient sentencing for first time offenders, or who are otherwise against mandatory confinement laws. Message: We should carefully consider, and set legal statutes based on the benefits of implementing a mandatory jail sentence of a minimum of two weeks for all drunk driving offenders. Purpose: To get people to see that there are advantages to requiring a minimum 2 week jail sentence on all drivers arrested for DUI.

The question of how best to both punish and rehabilitate drunk driving offenders has been a topic of serious debate for more than ...

Sentence Enhancement

Sentence enhancement occurs in cases where the law allows judges to increase the sentence that, usually, applies to a given crime. Various situations result in increased sentencing for offenders. First, sentence enhancement is allowed in cases where an offender has one or extra prior sentence during the time when they are being accorded a current conviction. Another situation where enhanced sentencing occurs is in cases of habitual offenders. Precisely, this occurs in cases where an offender has committed more than two felony crimes. The third situation where sentence enhancement occurs is in cases whereby an offender used a deadly ...

This paper illustrates in detail on the issues of mandatory sentencing as an aspect that is not deterrent to some crimes. It is general practice in many States, in United Sates of America that the panel of adjudicators is limited to passing some degree of sentences to individuals liable of crimes (Ohio Parole Board Handbook, 2012). As a result, there is a lighthearted push to bring about changes in crime laws so that special category offenders’ rights are a consideration. The idea is that given the “special” tag” these individual are qualified for parole meaning they do not have ...

The moniker 'Three strikes law' aka “Three Strikes and You’re Out” refers to the statutes that make imposition of harsher sentences mandatory on repeated offenders of serious or violent felonies. This law grants life sentences without any possibility of parole for minimum 25 years on the third strike of offense. The crimes listed under 'violent' include murder, rape, kidnapping, aggravated robbery, sexual abuse and violent physical assault. Under this statute, a criminal who has been convicted of serious crimes in two prior charges might receive a maximum sentencing on the third felony even if that is a minor ...

(Name of Professor)

Crim431 – Criminal Law - Economic Sanction, their uses and effectiveness An economic sanction is generally viewed as a domestic penalty imposed upon by one country to another often for political reasons. The sanction involves a restraint in the international trade of one country in order to enforce changes in that country’s policies not acceptable to other countries. It involves a deliberate governmental effort that seeks to withdraw financial and economic relations between countries. The purpose of economic sanction is to expressly show condemnation to a country’s policy and behavior. The United States government for ...

Introduction

In the following project I have researched and summarized the main provisions of the statutes as they relate to the questions of arraignment, state sentencing issues and sentencing alternatives in the state of Virginia. Another part of this research covers the issues of practical application of these statutory provisions in the everyday work of courts and correctional institutions. In the Lesson 1, I have researched the initial procedure of arraignment in the light of its practical application during the work of the court.

In the Lesson 2, I have summarized the statutory provisions which regulate the issues of probation, parole and sentencing alternatives.

In the Lesson 3, I have briefly outlined the community correctional programs and how the issues ...

Methodology

Data Collection The current research will utilize interviews as the core method of data collection. As such, the researchers will schedule face to face discussions with the research participants. The interviews will be taped or recorded. The choice to record the interview than take notes is more effective in that it is accurate. However, it is relatively time-consuming, but more recommended because it does not rely on memory. Consent will be sought from the research participants whereby upon accepting consent; the interview schedules will be administered through the use of pretested questionnaires. The interview schedules to be administered on ...

DEFINING DETERMINATE SENTENCING

Determinate sentencing is a when one is incarcerated for a definite length of time, i.e. five years or more. The jail time is fixed and cannot be altered by any parole board or agency. An example is when one is entitled to jail time of one-year. The prisoner will serve in the prison walls for one whole year. If the prisoner behaves well, he or she is given sometimes off as a token of appreciation. The maximum time for a determinate sentence is four years. Above that it becomes an indeterminate sentence. Judges are responsible for determining the period ...

Abstract

The project deals with the problem of juvenile justice and court punishment provided for juvenile offenders. The research gives a full coverage to the reasons that motivate the youth to commit crimes. There are various types of offenses and punishment considered based on the information provided by the finest law experts who represent international organizations and the collegiums of lawyers, addressing the problem of juvenile justice and the ways of overcoming the issue in their respective reports, reviews, and programs. Key words: juvenile justice, crime, offender, court, delinquency Adult delinquency is high enough while that of youth is about ...

Three Strikes: Is it effective?

Introduction California’s draconian imprisonment law, the “Three Strikes” law, was the completion of a decade long movement of adopting “get tough on crime” laws. However, though these types of laws have resulted in a 300 percent increase in the prison population in the United States, many Americans felt more prone to violence than the decade before the enactment of the law (Vitello, 1997, p. 395). Washington was the first state to enact these laws in 1993, so called because of the manner of their operation for incarcerating anyone convicted of three separate cases of violent offenses to serve ...

H.R. 1412, the Justice and Integrity Act of 2009

H.R. 1412, the Justice and Integrity Act of 2009 A Report from Rep. Steve Cohen (d-tenn.), Discussing Racial Disparities in the Criminal Justice System That He Can Use To Move This Bill Forward in Congress

Introduction

According to Research Advocacy for Reform (2013), male Americans of black descent are six times more likely to be imprisoned than white males. Additionally, they are 2.5 times more likely to be incarcerated that Hispanics. If this trend continues, it is clear that every black American born today should expect to go to prison during ...

Introduction

I remain fascinated with the idea of when the first recorded law of capital punishment exists in history and why some Western countries still impose this legal answer to the evil people do unto one another in the 21st century. This academic investigation provides an excellent opportunity for pursuing and answering my inquiry of the first recorded historical documentation of capital punishment as a legal finding for a person found guilty of a crime and exploring the arguments why, in particular the United States – a great Western democracy continues imposing this form of punishment in some of the 50 ...

Abstract

Juvenile delinquency refers to a crime perpetrated by a minor who has not yet reached maturity. Since it has been seen in many scientific studies that a person doesn't attain full maturity until he reaches 18 years of age, juvenile offenders are treated differently than adults by the court of justice. In US there is a separate justice system for juveniles to deal with juvenile offenders. Based on the principle of "parens patriae", juvenile courts function like a guardian or parent by taking decisions in favor of the wellbeing of the children. However, despite separate justice system for juveniles, ...

The two basic models for parole administration are the consolidated model and the independent model.

Pros of the Consolidated Model of Administering Parole Consolidated Model is considered as a program that is community-based hence its administration can be done in a single centralized location. Consolidated Model of parole administration is a better model for the board of parole that is ineffective when it comes to performing administrative functions. Consolidated Model helps in promoting consistent administration in the consolidated correction department that will render a better results offered by the services of community staffs. Optimal effectiveness and efficiency of all staffs can be achieved by using a single administration that are in charge of correctional ...

The probation process is usually carried out to those individual offenders whose crimes do not amount to full trial. There are some conditions that are supposed to be met by the individual law offender such as refraining from drugs and even some groups of people. Failure to observe the required rules may end up someone in jail after their probation sentence is revoked. The probation sentence is usually imposed by a criminal law court whereby the individual offender is allowed to stay in their community but under special scrutiny of an appointed officer. ...

Criminal law

Is risk a gendered phenomenon? Criminologists are in consensus on the universality of gender gap in crime. Women are at an average statistics less to commit criminal acts. Patterns of offences committed by women and male are noteworthy both for their differences and for similarities. This variation of risk-taking depends on organizations of gender, motivational factors, context of risk, as well as biological factors. The issue of risk being a gender phenomenon varies in diverse content domains, this include financial, recreational, social, ethical, as well as safety. In the past decade, a lot of study has been carried out ...

Q1: The changes that took place in the sentencing process can be categorized into different reform movements, which ultimately resulted in longer prison sentences. The first was the voluntary or advisory sentencing guidelines. Next was determinate sentencing under which the state legislature established a presumptive confinement range for every category of offence. The ‘three-strikes-and-you-are-out’ law can also be seen as major contributors, which were enacted during the early 1990s. These laws impose extremely long prison sentences on repeat offenders. The ‘truth-in-sentencing’ laws also ensure that offenders carry out a substantial portion of their sentence which also makes their prison ...

Drug addiction is chronic and is usually a relapsing brain disease causing compulsive drug use and seeking. Irrespective of the harmful consequences resulting from the drug addiction, it influences the users and those around them. Drug addiction remains a critical brain disease as the misuse of drugs leads cause changes in the brain’s structure and function. Even though it is profound that most people make a voluntary initial decision into taking drugs, with time, such brain changes are in place due to repeated drug abuse. They also affect the level of self-control of a person and the ability ...

Introduction

The purpose of this study is to determine the deterrent effect of the death penalty or capital punishment in the commission of future crimes. Most of the criminal experts believe that the justification for the imposition of the death penalty against criminals should be for retributive grounds and to make the criminals suffer the consequences of their actions. Thus, when a person kills another, the retributive effect of capital punishment or the death penalty is take the life of the murderer (Radelet & Akers, 1996). The main reason for the imposition of the death penalty is to discourage the murderers ...

The notion that teens should be tried as adults for the adult crimes they commit has taken root in the country with some state adopted legislation to that effect. While the proponents of trying teens as adults are passionate about the reasons why it should be done, studies have shown that trying teens as adults only breeds more hardcore criminals once the they complete their sentences. While I agree that justice must be seen to be done especially from the aggrieved party’s perspective, it is imperative upon the state to ensure that the justice system does not become ...

PRISON DISCRIMINATION

The prison system within the American judicial system is tainted and full of discrimination. Various authors describe the value of human life by saying; race does not exist, but rather merely human beings (Gordon 1983; Wilson and Moore 2003). All humans are unique despite their social background, ethnic race as well as the language they speak. Therefore, this raises a question as to why is there is a social divide amongst humans, and why it continues to develop over the years. These questions are some, but a few of the overwhelming thoughts that both academic scholars and politicians have ...

[Professor’s name appears here] [Date appears here]

Death penalty Methods & the Eighth Amendment: An Introduction The American Congress or any state legislature may lay down the death penalty for a convict, as a result of murder and other heinous offenses. The US Supreme Court noted that the capital punishment is not a breach of the US Eighth Amendment; however, it outlined some practical features concerning when a judge might apply the capital penalty and how it must be performed. Due to the Fourteenth Amendment's Clause, the Eighth Amendment is pertinent against the US states, and the federal government. ...

Arguably one of the most important documents in the entirety of the criminal justice system, the Presentencing Investigation Report (PSI) remains a vital source of information that guides judges who have to pass sentences. It has been in use since the 1920s. As a legal term, PSI report is a purposeful investigation into the history of a convict before a sentence is passed to establish if there are grounds that could extenuate, so that the judge has the discretion to vary the sentence.

The evolution of the PSI has led to the development of at least three approaches. These ...