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Sentencing in the criminal justice system
Sentencing processes
Sentencing in the criminal justice system
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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?
When an arrested person is found guilty, the judicature has a responsibility to come out with an appropriate punishment for the criminal on a case-by-case basis. There are four purposes of sanctions, which are deterrence, retribution, protection, rehabilitation and reformation. The Court of appeal was told that almost a quarter of all the sentences were too light, and the average sentence of imprisonment for rapist are said to be too lenient. The average imprisonment sentence for rape between 1999 and 2008 was just over five years; only 10 offenders out of 56 rape cases were sentenced to more than six years of imprisonment. Today, it was argued that the most appropriate imprisonment sentence for rapists is life imprisonment.
The effects of the Three Strikes Law on California’s economy were evident through the significant costs that were required to house inmates for the duration of the sentences imposed by the law. As of 2009, the California Department of Corrections estimated those costs to have been 19.2 billion dollars (California Department of Corrections and Rehabilitation, 2009). From 1985 to 2010, California’s prison budget increased from four percent to ten percent. Meanwhile, the state’s higher education budget decreased from eleven percent to less than six percent. The health and welfare and K12 funding also decreased because of the additional funding required to house the growing number of inmates who were imprisoned under the Three Strikes Law.
In 2010, the US Congress passed the Fair Sentencing Act (FSA) which reduced the sentencing difference between offenses for crack and powder cocaine. Many people in law enforcement believed that there is more violence associated with a crack cocaine crime, rather than a powder cocaine offense. Due to the increasing amount of reports and cases of aggressive offenses, Urban Leaders in America allowed the sentences of the crime to be extended because of the violence in a drug trafficking offense. In the article, “Data Show Racial Disparity in Crack Sentencing” by Danielle Kurtzleben, states that, “The figures for the 6,020 powder cocaine cases are far less skewed: 17 percent of these offenders were white, 28 percent were black, and 53 percent were
These are all real-life penalties that directors have faced just in the past few years. In March 2012 the former directors of Australian Capital Reserve Ltd were sentenced to terms of imprisonment to be served by way of an intensive correction order (ICO) following an ASIC investigation. The charges related to false or misleading statements in the company’s accounts and prospectus. Two directors, Samuel Pogson and Murray Lapham, were each given two years, and the third director, Steven Martin, was sentenced to one year and four months in prison.
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.
2 In recent years, mandatory sentencing laws have been introduced in NSW. Alcohol related violence mandatory sentence was introduced by the NSW government On 21 January 2014. This was introduced because of the amount of one-punch hits while intoxicated. Teens such as Thomas Kelly and Daniel Christie have been killed because intoxicated people for no reason hit them.
In 1994, Congress passed the Truth-in-Sentencing Incentive Grants law. Truth-in-Sentencing laws were put into place to help reduce the possibility of an inmate being able to have early release from incarceration. Each state has their own policies, rules and regulations for inmate release. The truth-in-sentencing law requires that offenders serve the majority of their prison sentence imposed by the court in order to be eligible for release. Previous policies included reducing the amount of time the offender served on a sentence, such as good behavior, earn time, and the parole board made a decision to release an inmate.
Sentencing and corrections policies should embody fairness, consistency, proportionality and opportunity. Sentences need to be commensurated according to the harm caused; ergo, measuring the effects on the victim, the community, and the rehabilitative needs of the offender. Objectives require balance in selecting correctional options that meet individual offender needs to contribute to crime reduction and prevent recidivism. Policies that affect long-term consequences of criminal convictions, including housing and employment opportunities require careful examination. Additionally sentencing and corrections policies that could adversely or disproportionately affect citizens based on race, income, gender or geography need to be taken into consideration.
From 1990 to 2010, the percentage of foreign-born individuals in the United States population has skyrocketed from 7.9% or (19,767,316 individuals) to 12.9% of the population (or 39,955,854 individuals), and has received attention from researchers seeking to examine the link between immigration and decisions made by government representatives and officials (Wu and D’Angelo, 2014, p. 58). In the article “Unwarranted Disparity in Federal Sentencing: Noncitizen Crime as a Social/Group Threat”, Jawjeong Wu and Jill M. D’Angelo broadened the scope of this field by being the first researchers to look into citizenship as a factor using multilevel analysis (Wu and D’Angelo, 2014, p. 59). In their study, Wu and D’Angelo (2014) found that cross-level
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.
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.
So in a nut shell, every state has its own set of rules for the punishment of criminals called sentencing guidelines, which are sentencing policies prosecutors and judges use for people convicted of serious misdemeanors and felonies (Peak,2015). The crime and the criminal 's previous criminal history is considered when a judge hands down a sentence. People that oppose alternative sentencing argue that an individual 's circumstances are unique and should be considered during sentencing, otherwise there is a possibility of
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.
State the yes/pro position (need 10 and cite page number and explain what the argument is): 1) David Von Drehie: Around 1994 the population on death row had increased drastically nationwide, having more than 3,000 prisoners waiting to be executed (pg. 220). The process was taking longer than people thought it would take. People didn’t understand that even as prisoners they still had a right to appeal and have a fair trial. 2) David Von Drehie: A law professor named Anthony Amsterdam, argued that the death penalty was a cruel and unusual punishment and had allowed unequal protection under the law (pg. 221).