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Punishment and sentencing in the united states
Correctional systems in the United States
Correctional systems in the United States
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This paper is to help show how sometimes judges can be Bias or inherent in the amount of bail set and other restrictions for pre-trial release while showing the concept of bail what can be done to prevent arbitrary and potentially prejudiced decisions from being made in the courtroom when it comes to bail by the judge, Also discuss the pros and cons of private vs. public defense. Introduction This paper will show the pros and cons of pre-release and define pre-trail release and bond, arbitrary. bond types also look into the factors of bail amounts a judge looks at to determine how much the defendant’s bail is and a few ways to prevent arbitrary and potentially Prejudice decisions from being made in the court by judges.
Ashley Smith CRJU 1400 LU 7 Review Questions Review Questions for Learning Unit Seven What governs the ethical conduct of lawyers? Discuss the pros and cons of plea bargaining. What has the U.S. Supreme Court held in regards to the professional misconduct of prosecutors? (in terms of punishment) How do forfeiture laws help to deter the conduct of mob lawyers?
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.
In a landmark Supreme Court case involving procedural due process safeguards, the court held that certain requirements must be met when an individual parole is revoked. Based on this case, the court found that due process requirements must be invoked in three stages; the defendant’s deferred sentence, completion of certain terms of probations and whether the defendant successful completes the probation terms or not (Oram & Gleckker, 2006). Since the Supreme Court hasn’t addressed the issue of due process clause under a drug treatment court, a few states have addressed the issue using the landmark Morrissey Supreme Court case to apply whether due process requirements is applicable to proceedings (Oram & Gleckker, 2006). Applying due process
In addition to the narrowly drawn remedy, the PLRA also issues that remedies must embody the “least intrusive means necessary to correct the violation of the Federal right meaning that no other relief is available.” The PLRA requires courts to seriously consider adverse impacts on items such as public safety or the general operation of the criminal justice system when determining the mode of relief. For example, in this case, the release of 46,000 prisoners could place citizens in danger. The placement of indicted criminals, who were, according to their sentence, supposed to remain within the prison system, back into society could be detrimental and result in safety issues. Additionally, the release of such prisoners could impact the operation or general integrity of the criminal justice system.
The role of the government is to keep everyone and everything in line. The government should have a sentencing reform because with the system we have now it 's just making things worse. Some people are being placed in jail because of their color when there are real criminals that are set free when they really did do something wrong like murdering someone. The government should have a sentencing reform because the system now is just making things worse. To begin with, The government should have a sentencing reform because the system now is just making things worse.
1. The difference between specific and general deterrence is the focus population. Specific deterrence focuses on deterring convicted offenders from repeating offenses. General deterrence focuses on deterring people who have not been arrested away from crime. 2.
Defined as a public policy that imposes an outlined amount of prison time based on the crime committed and the defendant’s criminal history, these sentences dictate that a judge must enact a statutory fixed penalty on individuals convicted of certain crimes, regardless of extenuating circumstances. Such laws have removed discretionary sentencing power from judges, instead focusing on severe punishments in line with national drug and crime concerns. While the original goal of mandatory minimum sentences was to deter potential criminals, reduce drug use, control judicial prudence, the policy has had extreme consequences such as sentencing imbalances and
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
Gregory, I too chose indeterminate sentencing as the best method of sentencing. I believe that when it comes to sentencing a person, rehabilitation should be a key factor for the individuals overall being. If there are no programs in place and we just allow people to be released without any form of treatment, then they will just repeat the behavior they have become accustomed to. I also agree as to when you stated the negative effects such as a drunk driver being released sooner after killing somebody due to the treatment they received. What I disagree with though is when you mentioned it becomes expensive for the state.
Mandatory Maximum Jail Time for Convicted Rapist The basic right of humanity is consent, which is permission for something to happen, but an abundance of people’s consent have been violated in the state of Illinois. There is an uncertain amount of rapes recorded but research has shown about 27.7 per 100,000, meaning there is about 3,324 reported cases each year and those are only the reported accounts (Sutter). Many people do not report their case due to the lack of resources for their case and the belief that nothing will change even if they report their case. On many accounts, that leads rape victims feeling helpless,vulnerable.
In contrast, stricter policy reforms were implemented into the courts due to the reflective increase in use of illegal substance among offenders. Moreover, the increase in violence and drugs among offenders enhanced stricter policy reforms, for more than 78.7% percent of offenders have used illegal drugs, which is three-fourth’s of the incarcerated population. Also, 62.2% percent of convicted drug offenders meet the diagnostic criteria of drug abuse or dependence that accumulates to be two-thirds of the populations, while 64.3% percent of offenders used an illegal substance regularly. In addition, convicted offenders have a high rate of 56.7% percent in committing recidivism, for Mark Harmon author of "Fixed ' Sentencing: The Effect On Imprisonment
Sentencing disparity within the American Judicial system is a problem that exists across the nation. According to Merriam Webster’s dictionary, disparity means the markedly distinct in quality or character. Many times, disparity is used in conjunction with discrimination as if the two words mean the same, but they do not. Disparity will include a difference in treatment or outcome but is not based on an opinion, bias or prejudice.
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
More people get incarcerated for non-violent crimes and crimes caused by mental illnesses or drug abuse (Webb, 2009) and because these people get put in regular prisons, instead of in mental health facilities or facilities to help against drug addiction, where they could be treated to further prevent crimes driven by their illness (Webb, 2009), the prisons get overfilled and cannot hold the more ‘important’ prisoners that needed to be locked away from the public. A strong link of the criminal justice process is that the system tries to keep it fair for everyone. Every defendant has the right to an attorney so they can be defended properly and fairly and “Only judges who are adequately informed about a case can effectively control the proceedings and examine evidence” (Tochilovsky, 2002) It is also important for the criminal justice system that those involved show discretion and although this is not always the case, discretion by the judges, police, etc.
