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Upon reviewing the case of People v. Smith 437 Mich. 293 (1991), we find that the defendant Ricky Smith; an adult at the time of the commission of the offenses in question, was a habitual juvenile offender; possessing a juvenile record which included twelve juvenile entries including seven prior felonies, three misdemeanors, was charged, pleaded guilty, and convicted of breaking and entering with the intent to commit larceny and being a habitual offender. As a result of the admission of guilt by Smith, he was sentenced to 3 ½ to 10 years, however, the sentence was vacated after it was determined that Smith was a habitual offender, where the current offense constituted his 4th offense. (Justlaw) Therefore, as a result of the juvenile offenses being taken into consideration for sentencing, Smith received a sentence of 6 to 30 years as a habitual offender. Smith’s argument comes from the admission of his juvenile criminal record which was referenced in the presentencing investigative report, citing that pursuant to former MCR 5.913 which indicates that “the juvenile record of a former offender was expunged at the age of twenty-seven”,(justlaw) and as such, should
Azcourts.gov Arizona Judicial Branch" (2017), “Evidence-based practice (EBP) - means strategies that have been shown through current, scientific research to lead to a reduction in recidivism. EBP is a body of research done through meta-analysis (a study of studies) that has provided tools and techniques that have been proven to be effective at reducing recidivism. These tools and techniques allow probation officers to determine risk and criminogenic characteristics of probationers and place them in appropriate supervision levels and programs. There are eight evidence-based principles for effective offender interventions” (Evidence Based Practice). I may make recommendations for consequences based upon a juvenile’s adjudication.
“The Sentencing Reform Act of 1984” The article, “The Sentencing Reform Act of 1984” (2015), written by Eric Girault, persuades the audience that the enactment of the law did not reduce crime in societies, but was misappropriated, which caused a negative impact on families and their communities. Girault describes this by sharing his personal anecdote on receiving a harsh prison sentence for a non-violent crime as a first time offender. He uses trustworthy resources in order to substantiate his claim. Girault’s intended audience for this piece of writing is the general public, specifically those that lack knowledge of the law and its due process.
In the United States, there are two primary models; Indeterminate and determinate sentencing. Indeterminate sentencing refers to blending decisions provided by the sentencing judge and later from a release authority so the actual time served can be determined. The judge will sentence offenders to indeterminate sentencing during the time of the sentence including the maximum or minimum amount of time that’s to be served. Once an offender serves the minimum amount of time they are qualified for a release by the parole board. However, the maximum sentence may have to be served by the offender if the parole board doesn’t grant an early release.
California’s Three Strikes Law was implemented in order to improve public safety. The murders of Polly Klaas and Kimber Reynolds caused the citizens of California to request a reactive measure in order to improve California’s preventive safety measures. Polly Klaas and Kimber Reynolds were both murdered by repeat offenders. The murders resulted in a public outcry and a petition was started in order to improve the sentencing requirements for repeat offenders (Skelton, 1993). The Three Strikes Law became a source of controversy due to the fact that many people argued that the law was in violation of the Eighth Amendment, which states that, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments
Under the law of three strikes, which was implemented in some states of United States, a convict was awarded minimum 25 years to life if he was three time repeat offenders with multiple prior serious or violent felony convictions. California was the first state to implements this law where several high profile murders committed by felons. Residents were worried that these serial criminal would be released from the prison only to commit new, often serious and violent
The policy is based off of baseball in which if the batter gets three strike then they are out. The Three Strikes Policy is a law that significantly increases the prison sentence of a person who is convicted of a felony who has also been previously convicted of two or more other violent crimes or serious felonies in their past. This “third strike” is limited to nothing short of 25 years to life for those criminals even with a small third offense. The law was passed by former president Bill Clinton in 1993 when crime rates
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.
He would steal to get the money for his drug habit. Mr. Anderson’s third strike was for purse snatching. Because of his two previous convictions, Mr. Anderson was sentenced under the Third Strike law to send a minimum of 25 years in prison. He served 12 years of that sentence (The Return,
In the United States, habitual offender laws, are statutes enacted by state governments which mandates the courts to impose harsher sentences on those convicted of an offense if they have been previously convicted of two prior serious criminal offenses. What this means is that people that have been put in prison 3 times will get a harsher punishment going from whatever they 're consequence is to life in prison. I am against this law, for reasons I will talk about later. The origin of the three strikes law came from article 2 section 28 of the Montana constitution in 1998, which states the three strikes law.
The United States and Australian process of corrections is quite different in the way that they handle the transition process. Probation is a sentence imposed on convicted offenders that allows them to remain in the community under the supervision of a probation officer, instead of being sent to prison. It can be used to see how an offender would react in a world that is less regulated than being in jail before the final release process. Because probation is a suspended prison sentence there is a lot of restrictions that must be followed by the individuals to insure that everything goes smoothly. The main difference that is clear is the restrictions and programs that are forced on these individuals.
Introduction Crime, its punishment, and the legislation that decides the way in which they interact has long been a public policy concern that reaches everyone within a given society. It is the function of the judicial system to distribute punishment equitably and following the law. The four traditional goals of punishment, as defined by Connecticut General Assembly (2001), are: “deterrence, incapacitation, retribution, and rehabilitation.” However, how legislature achieves and balances these goals has changed due to the implementation of responses to changing societal influences. Mandatory minimum sentences exemplify this shift.
In 2009, California was ordered by a federal court to reduce their overcrowded prison population by 138 percent. The state had a massive incarceration rate during the “tough on crime” era (Alternative to Incarceration in California, 2015). In 1994, California had enacted a Three Strike Law. This law allows for offenders who have been convicted of a serious felony to be sentence to a prison term twice as long if they had a prior conviction. If they had two or more prior convictions then they would be mandated to a sentence of 25 years to life (California Courts,
The Sentencing Reform Act is related to the Complete and thorough Crime Control Act of 1984 were the U.S. federal law increased the consistency in the United States federal sentencing. The Sentencing Reform Act created the United States Sentencing Commission. This act allowed the independent commission into the (law-related) branch of the United States Sentencing Commission. It consists of seven voting members and one nonvoting member. For the benefit of the United States Sentencing Commission, there are rules that establish sentencing policies and practices for the Federal criminal justice system, which secures/makes sure of a meeting of the purposes of sentencing.
Although most individuals serving LWOP sentences have been convicted of murder, depending on state law, LWOP can be used for a variety of offenses. In at least 37 states, LWOP is available for non-homicide convictions, including convictions for kidnapping, burglary, robbery, carjacking, and battery. LWOP is obligatory in numerous states upon a homicide conviction, however in different states, for example, Alabama, California, Florida, Georgia, Louisiana, South Carolina, Virginia, and Washington—LWOP is the mandatory highest sentence upon frequent wrongdoer laws. Under Florida's Prison Release Re-offender Law, the state requires the mandatory rule to be exercised in the event of a serious crime committed within three years after discharge from
