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Victim impact statement essay
How are victim offender reconciliation integrated into justice system
Sentencing processes
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Today I called the Illinois Representative Michael J. Madigan office and received his answering machine. I left him a message asking him to please consider passing bills for sentencing reform legislation, such as the Sentencing Reform and Corrections Act (SRCA), S.2123. I told him that I am a registered voter and it has come to my attention that the federal prison population has skyrocketed dramatically over the past 35 years and most of the people in the prisons are in for minimum drug sentences. I told him that while people are in prison they are losing income, job skills, and are typically unable to attend rehabilitation programs. All of these aspects make it extremely difficult for the people to obtain jobs or get on the right path once
Mandatory minimum sentencing laws, which were introduced about three decades or so ago, allow judges to issue a minimum prison sentence at the discretion of the prosecutor, who determines the charges that are placed against a defendant. These laws, as outlined by the Criminal Justice Policy Foundation (n.d), limit the power of the judges to make a judgment on the punishment that can be given to a defendant. The meaning being that mandatory minimums transfer the power to give sentences from the judges to the prosecutors, a scenario that is worsened by the fact that some prosecutors misuse this power. As such, mandatory minimum sentences should be repealed, particularly for the gun and drug-based offenses. Mandatory Minimum Sentence Laws Foster Uncontrolled Prosecutorial Discretion Evils
INTRODUCTION The United States incarcerates a greater percentage of the population than any country in the world (CBS, 2012). According to the US Bureau of Justice Statistics, over 2.3 million adults were incarcerated in federal and state prisons, and county jails in 2013. There are an additional 820,000 people on parole and 3.8 million people on probation (Wagner & Rabuy, 2016) Jail and prison differ primarily in regards to the length of stay for inmates.
“Mandatory minimum sentencing, a policy that requires a judge to impose a fixed minimal term in prison for individuals convicted of certain crimes, regardless of the individual’s role in the crime or other mitigating circumstances” (Levinthal, 20112, pg. 130). A minimum sentenced required by law are typically 5 or 10 years in prison that must be served when a person is convicted of certain federal and state crimes. The mandatory minimum sentences for drug crimes are based on the type of drugs, the weight of drugs or quantities and the number of prior convictions of the offender. Different drugs have different set quantities that lead to mandatory sentencing. The criticism against this type of sentencing is because it takes away from the punishment
When a non law abiding citizen commits a crime, we the people of the community wants to see some actions taken by the law enforcement officers. When the people see such action being taken and the drug and violence comes to a low, the people feel a little safer in the community in which they live in. However, if the police officer does their part and arrest these destruction law offenders, but the court system has a different approach in the crimes that are being committed in our neighborhoods, why ask the people to work along side with the law enforcement officers? The “get tough” approach on crime has pros and cons to mandatory and minimum sentencing.
Mandatory minimums have caused much debate and have become a cause of concern for many citizens. It has been “known for some time now that mandatory penalties will not produce just outcomes and will anyway likely be subverted.” (Frost, 2006, p.3) By doing so, many marginalized groups will be negatively affected by this practice. One group particularly affected by mandatory minimum sentencing is the Black community.
Jail sentencing is something that every American citizen struggles with in one way or another. Not all criminals are bad & not all criminals are good. Some of the good citizens make mistakes & get charged harshly for things that they don’t deserve, but sometimes the bad citizens the actual criminals are able to beat their cases & don’t get charged as bad as the good people. Jail sentencing can make citizens go through torture. Jail sentencing should be discontinued because it can make citizens go through torture.
Mandatory minimum sentencing requires a minimum sentence based on the crime that the offender committed (Levinthal, 2012). The majority of the laws involved illicit drug activity and is based on the amount of the substance that was in the individual’s possession. Unlike general sentencing, the judge involved in the mandatory minimum sentencing must follow strict guidelines that are provided. The judge cannot decrease the term of the sentence, no matter the circumstances that are involved in the matter.
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
Mandatory Minimum Sentencing in Recent Legislation: Is it Effective? The Canadian government has been sending mixed messages regarding current punishment practices in this country. It has a strong commitment, as do the provinces, to using community-based corrections. At the same time, recent federal legislation and amendments to the Criminal Code of Canada are encouraging tougher penalties, most of which are mandatory prison time for gun-related offences.
Sentencing Sentencing occurs after a defendant has been convicted of a crime. During the sentencing process, the court issues a punishment that involves a fine, imprisonment, capital punishment, or some other penalty. In some states, juries may be entitled to determine a sentence. However, sentencing in most states and federal courts are issued by a judge. To fully understand the sentencing phase of criminal court proceedings, it is important to examine how sentencing affects the state and federal prison systems, learn the meanings of determinate and indeterminate sentencing, and understand the impact Proposition 57 has had on sentencing in California.
When a person is accused of a crime and found guilty, it’s the court’s job to make a verdict of their sentencing. At times those sentencings aren’t exactly the appropriate for the crime the person is being accused of or committed. I believe it’s only fair that regardless of race, ethnicity, illness etc. that everyone who breaks the law by committing a similar crime should receive the same sentencing time. For that to happen a reform must pass so that unfair sentencing can decrease and come to a stop.
In the early days, prisons were a relatively new concept. Both in Europe and in America residents used the approach of an eye for an eye, and public hangings in town squares for the price of a murder, rape and even theft. As more humane punishments began to change, officers stored prisoners in warehouses, buildings, and individual rooms. According to vasiliades, "this experiment of which the favorable results have been anticipated, prove fatal for the majority of prisoners". "It devours the victim's instantly and hummer sadly it does not reform, it kills"(Vasiliades, 2005).
Recidivism is high because of drug abuse, psychological issue and sociological consequence for ex- felons. We generally only focus about the punishment given to these criminal and believe that once a criminal is release that their life wouldn’t be as complicated as we tend to think. The turntable to it all is that these past prisoner suffer long term effects due to imprisonment. Such as, drug abuse; suicide, psychological difficulties and political, economic and social difficulties. Due to all these factors, we will conclude that they are the reasons to why past prisoners have a higher chance into returning to prison.
Monetary penalties have so many disadvantages that they should not be used to a greater extent in the criminal justice system. Thus some have gone as far to argue that they should be completely abolished. However Burch has said that this would not be possible so reform should be favoured instead. I will argue that updating their current use is essential in order to make the current system of fines more effective and more restricted. I will continue to discuss why fines are not effective, from their rational, to their effect on the offender to the way that they are set in practice.
