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Examples Of Deferred Sentencing

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There are other options to traditional prosecution besides simply filing charges. Examples include: diversion, differed prosecution, and deferred sentencing. Each of these strategies offers opportunities for offenders to fulfill some responsibility in exchange for the prosecutor’s decision to avoid or put off formal charges. The first one is called Diversion; the term refers to any number of informal methods of steering offenders out of the Criminal Justice system. (Siegel, Larry J. 207) An example of a Diversion is when a judge sentence a criminal to probation; he or she may feel that prison would do more harm than good for the criminal. So, the judge has to decide what the criminal should be diverted out of prison into an environment that …show more content…

Deferred sentencing also requires defendants to plead guilty to a crime, if they complete a diversion and or treatment program which is where their records will be obliterated. The DTAP is the drug treatment alternative to prison which started during the late nineteen- eighties in Brooklyn, New York. (Siegel, Larry J. 208) The goals of diversion are Avoidance of negative labeling and stigmatization, reduction of unnecessary social control and coercion, reduction of recidivism, provision of service (assistance), and reduction of justice system cost. My opinion for pre-charge diversion is that offenders from the system before they are charged I think the system can improve more by having them go through a process to make sure that they are fulling charge before going to court if they are charged there is no reason to try to get off their time that they committed. My second opinion for deferred prosecution I think the whole held off situation is taking up time that they need to be in jail. If they have to attend a program the court should give the criminals their time and as the years go by they could attend the program during their jail time. My third opinion for sentencing is that if you committed the crime you should get the time, they should not be able to object sentencing to be put in a drug or anger program. My fourth opinion for post incarceration is that even though they aimed at getting chronic offenders to stop committing crime they should also check on the offenders’ behavior while they are in the program to accomplish not having to do the criminal things in their life when they get out of jail when their time comes. My fifth opinion for deferred sentencing is that having to put off the charges the court puts of the sentencing which is a bad idea because the criminals will think that they got away from what they committed those the crime

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977 Words | 4 Pages

Although evidence is not provided to support this statement, it is inserted for the purpose of creating suspicion against the purpose and goals of evidence-based sentencing. This is built on more when Starr calls some of the systems “corporate products” (11.2) and stating that defendants may not understand the system. The image of corporate interests overpowering individuals is used to further the idea of a helplessness defendant. Changes are then proposed to the current system to make it “legitimate” (13.1), with the language used being a way to call the credibility of the current system into question. Although no changes for considered factors are proposed, it is suggested that factors “within the defendants control” (12.3) are considered instead.

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956 Words | 4 Pages

In addition, there is typically a focus on rehabilitation, treatment, and providing resources in these courts. Regardless, there is a lack of systemic changes in these courts because they do not find and address root causes for such type of criminal behavior. Some systemic inequalities and biases make it difficult for some people to access services. Finally, the decriminalization model is applied to these courts to separate these crimes and provide alternative approaches to appropriate criminalization. With that being said, overcriminalization and over-incarceration are viewed as common structural issues for nonviolent offenders.

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96 Words | 1 Pages

When a judge is considering sentencing to convict an offender specific deterrence should be more valuable than general deterrence but both are needed in the sentencing process. For the offender not to reoffend specific deterrence need to be embedded to determine the certainty of the crime. So the offender will not commit the same crime twice. Overall doing the sentencing process the judge have the right to use this offender specific deterrence to promote general deterrence to the public. This will allow other to fear the consequences and possibly punishment if they commit this specific crime.

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694 Words | 3 Pages

Some parts of the public including myself believes intermediate sanctions are a good thing. The other half of the public and the criminal justice system seem to be going with the “tough on crime” motto where they give intermediate sanctions no thought whatsoever. I believe every offender has the ability to be rehabilitated. Everything learned can be unlearned. Yes, it’s hard to unlearn something that’s part of someone’s life, but it’s not impossible.

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514 Words | 3 Pages

Probation is basically when the offender serves out their sentence in the community this it often supervised. While on probation the offender typical has to pay a fine , make restitution, and perform community service

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686 Words | 3 Pages

Since they circumvent the trial process, plea bargains can be abused by prosecutors and defense attorneys who are more interested in a speedy resolution than justice being served. Sometimes plea bargaining can result in defendants being convicted for crimes they did not commit. There are times where innocent defendants who have had past criminal records with take a plea deal in order to avoid a trial and have taken reduced charges. (229) Given the issues associated with plea bargaining, I do not believe that it is an acceptable practice in some cases.

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887 Words | 4 Pages

Many people today think that the justice system is broken or rigged, but in comparison to past justice systems, the justice system today in the United States is very fair. Some cases do not get prosecuted to the fullest extent of the law, such as the Dred Scot case did. There are many cases where the prosecutor will not try the case in return for some sort of deal. The Bureau of Justice Statistics states, “In some jurisdictions, defendants, often those without prior criminal records, may be eligible for diversion from prosecution subject to the completion of specific conditions such as drug treatment. Successful completion of the conditions may result in the dropping of charges or the expunging of the criminal record where the defendant is required to plead guilty prior to the diversion”.

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Specific deterrence is the act of sending a juvenile who has been convicted to serve a sentence in an incarnated facility in effort to deter or convince them to not continue to exhibit their criminal behavior. Longer sentences are applied to juvenile offenders who, normally would not be if their setting had been applied in a juvenile setting. One may wonder how effective this process has proven in preventing other occurrences from happening. Does specific deterrence in fact deter juveniles from becoming repeat offenders and, what are some of the causes and effects that specific deterrence has on juvenile offenders? When a juvenile is given specific deterrence it can often be applied in an adult setting although, studies show that juveniles who spend an extended amount of time incarcerated often are more likely to repeat criminal behavior.

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On March 8, 1976, the Minister of Justice, Ron Basford, stated the following in the House of Commons: “Indeterminate sentencing should no longer be used against criminals who do not pose a continuing and serious threat to the life, safety and well-being of others. This type of sentencing, however is a necessary mechanism to protect society against dangerous criminals when it is virtually impossible, at the point of sentencing, for a judge to determine the appropriate length of sentence to be imposed “. Mr. Basford recognized there were individuals who were not dangerous, yet were given the dangerous offender designation. New Legislation was introduced to Parliament in 1976 and made official with strong force on October 6 ,1976. Under the legislation

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736 Words | 3 Pages

In my opinion, of the seven goals I personally favor rehabilitation. To begin, rehabilitation is providing offenders with the services or programs they need in order to change their behaviors, character, and attitudes. Many of these wrongful behaviors are what gets them into the criminal situations they find themselves wrapped up in. By offering them hands on help to fix themselves we can eventually reduce crime. I believe that many if not all offenders have poor behaviors and attitudes, which allows them to commit crime without any second thought – by changing

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229 Words | 1 Pages

Trial delays hurt victims of crime because it puts them in a potentially dangerous position, all the while delaying the justice they deserve. If the suspect isn't confined, there's no assurance for the victim that they are safe and the longer the delay is, the more insecurity there is. Not only that, but housing defendants during delays hurts the victim's family and the taxpayer. Meanwhile, trial delays actually help suspects. In fact, in the last 15 years 72% of continuances were requested by defense attorneys.

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852 Words | 4 Pages

3. Divert cases away from the court system wherever possible, use Alternative dispute and client counselling methods. 4. Offer courts a wide range of release options when defendants appear in courts. 5.

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1279 Words | 6 Pages

In the formal criminal justice process, there are important decision makers that decide whether to keep the offender in the system or dismiss the suspect with no future consequences. Suppose a law was set in place

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428 Words | 2 Pages

According to this perspective, people will be less likely to commit a crime if they are aware that there would be serious consequences. Laws requiring mandatory sentences, and the use of the death penalty are all examples of policies that encourage deterrence. Lastly there is rehabilitation. The notion behind rehabilitation is that criminals may alter their conduct and turn into citizens who follow the law. This point of view places a strong emphasis on education, job training, and mental health care to

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1678 Words | 7 Pages

However, crimes are committed whilst in prison, such as drugs and assaults. Some critics say the ‘three strikes and you are out’ law where repeat offenders get a longer sentence are wrong, as the third strike could be a lesser crime such as public disorder. Nevertheless, if just incapacitation and no rehabilitation some critics say will be costlier to society as they will go out and reoffend and, they are not employed and pay taxes. Rehabilitation is also a punishment which should improve the offender's behaviour and stop them committing crimes. Advocates of rehabilitation state prison does not work; however, critics of rehabilitation state prison does work as the criminal cannot commit a crime against the public while incarcerated (Cavadino, 2007 p 36/56).

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