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Philosophies of punishment and sentencing
Theories of sentencing
The theories of punishment in criminal law
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More handpicked essays just for you.
Philosophies of punishment and sentencing
Theories of sentencing
The theories of punishment in criminal law
Don’t take our word for it - see why 10 million students trust us with their essay needs.
In the State of Texas v. Cameron Todd Willingham case, smalltown Todd Willingham was convicted and put on death row after being unjustly convicted of setting his house with arson and murder. The police’s preconceived opinions of him played its role in this case. However, when clouded judgment is involved mistakes are made. In this case, the results may have been an innocent man's life was destroyed and he ultimately died because of it. Police took his lack of injuries and the fact that he never tried to re-enter the house to save his kids as evidence in their case against him.
Although the New England Indians felt that law and justice were, “a personal and clam mater and did not involve a third party of an impersonal public institution or ‘state’” (p. 67), the law of England defined murder as, “an offence against the state, not a private matter between two groups of people” (p. 70), thus the jurisdiction of the General Court was fair to the defendant’s case.
When a second-degree murder gets a new trial built on a philosophy of implied malice, the court mishandles its decision by demanding that the suspect must be shown to know that there was a high chance of subsequent death to others from the behavior of the perpetrator. The new trial was settled because of the fault in grasping the term “implied malice. The combination of these components of implied malice makes the trial court’s explanation a flawed one, and therefore a new trial created on this definition is a misuse of choice. The case is remanded for reconsideration on the basis of this
The death sentence was simple and utterly based off of the crimes he committed and not his
Execution is the act of carrying out of a sentence of death on a condemned person. This is carried out either by lethal injection or electrocution. Execution despite its barbaric nature has survived in many legal system and will continue to because it: reinforces a state of security of the general public, detters other individuals from committing such crimes, and enforces the concept of cause and effect within the legal system. In the text “The Penalty of Death” H.L. Mencken discusses not only why he supports executions, but also the ripple effects this action has on a society. While in a text entitled “Death Penalty,” Anna Quindlen discusses her objections to execution, because, as she states:”it consists of stooping to the level of the
Prosecution & Sentencing Issues Wrongful Convictions Mateusz Konieczkowski CRM 420-01 Professor Rivolta 5 May 2015 Central Connecticut State University #1 There has been many times where the tough-on-crime approach has characterized our Criminal Justice System since the early 1980’s. One of these policies is the Sentencing guideline. Many times, when judges following the sentencing polices, they are too soft on the criminals. Some criminals get away with the crime that they have done. Even in the book illustrates how “a second problem was the recognition of racial disparities” (Mays & Ruddel, 2015).
Is it not a judge’s worst fear to condemn an innocent person? Shouldn’t the judicial process prevent the killing of the innocent? Can a crime based on superstition be fully and justly taken to court? When faced with a corrupt
Ayala chose not to seek the death penalty in the case regarding Markeeth Lloyd, due to her beliefs that the death penalty should not primarily be a deterrent to crime. Historically, it has been shown the death penalty has been imposed on the innocent way too often, exorbitant to taxpayers and lastly, it adversely affecting both families of murder victims and families of the accused. Additionally, it has been apparent that co-victims had improved physical and psychological health and greater satisfaction with the legal system in cases where perpetrators received life sentences, rather than death sentences as well. In knowing Markeeth Lloyd killed two individuals, had a long criminal history and was a threat to society, I believe he had demonstrated to be tried for the death penalty. Although this case was highly publicized and nearly two percent of murderers actually get the death penalty, this does not mean leaving hardened criminals without stringent punishment, and I have to disagree with D.A. Ayala's decision.
After a lot of media attention, this is especially true. Research (Skop & Lyons, 2010) her conviction; two were eventually dropped, but she still faced the death penalty. However, the jury was not convinced she was the killer (Strickland, 2020). This mishap emphasizes the need to enhance the current system and other
The court believed that the scheme of chastisement under the ruling was consequently “cruel and unusual” if it was too unembellished for the crime, if it was arbitrary, if it affronted societies sagacity of justice, or if it was not more operative than a less unembellished penalty. Reinstating the Death Penalty
In Randall’s article, she gives a few examples of individuals who have been wrongly convicted, in the first example she says “Kirk L. Odom was wrongfully imprisoned for more than 22 years for a 1981 rape and murder. He completed his prison term in 2003, but it was not until July 2012 that DNA evidence exonerated him of the crimes.” (Randall 1) Randall states the fact that Odom even finished his sentence before the FBI figured out he was innocent, but what good is that if 22 years of his life were taken from him. And a similar case happened, in 1978 Santae A. Tribble was convicted for murder and was not exonerated until 2012.
It took nine years for the jury to realize Bloodsworth was innocent. This shows our preamble has a flaw if people are sentencing other to jail even though they're innocent, causing the innocent to rot in jail wrongfully.
The Death Penalty requires court cases and trials, long procedures, and life without parole for the criminal. It helps other people, especially the family of the victim, to feel comforted. Based on this, the question is simple. Should the father of Hester Prynne’s child be put to death for adultery? The father of Hester Prynne’s child should be put to death because it would be morally and biblically correct and it would help people feel safer and relieved.
Darby’s partner Aimes received the death penalty, but was not given a fair trial. In the Bill of Rights, it says, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial” (Amendment VI). The justice system was letting a killer out in exchange for a confession, if a killer confesses then they deserve the maximum sentencing. Bargaining with a criminal who is guilty of a serious crime should not result in the minimum sentencing of that one individual, while one who was just there at the wrong time is punished worse. Does this mean our justice system is a joke for letting a killer off that easy because of a
(2) A person sentenced to imprisonment to life for the crime of murder is to serve that sentence for the term of that person’s natural life. The fact that Katherine Knight was sentence to life imprisonment for the murder of John Price reflects society’s standards in that nobody should get away with taking somebody else’s life, especially in the way in which Katherine did. 6 THE EFFICIENCY AND EFFECTIVENESS OF THE LEGAL SYSTEM IN ACHIEVING JUSTICE Once Katherine Knight pleaded guilty to the murder of John Price, the court was able to sentence her quite efficiently once all evidence was heard. The efficiency of this case and also the fact that Katherine Knight received the harshest penalty possible in Australia for her horrific crime shows how justice was achieved.