Judicial discretion enables judges to make sentencing decisions within specific statutory limits. As with prosecutorial discretion, judicial discretion is built into the system as a means of enabling flexibility, accounting for special circumstances Continue Reading...
Sentencing Mandatory minimum sentences A mandatory sentence is a decision setting made by the court where judicial discretion is controlled by law. Persons guilty of some crimes should be punished with at least minimum number of years in prison. Ma Continue Reading...
The judge must choose a sentence from within the guideline range unless the court identifies an aggravating or mitigating circumstance that was not adequately considered by the Sentencing Commission. In mandatory minimum drug cases, judges can depar Continue Reading...
Sentencing Determinate Sentencing, Impacts, and Recent Trends Determinate Sentencing Impact on Probationary Terms Reasons for choosing mandatory minimum jail and prison sentences Role of Mandatory Sentences in Reducing Recidivism The legal syst Continue Reading...
" (Mustard, 2001) I. Drug Sentencing Policy and the New Washington Administration It is stated in the work entitled: "Aspirations and Realism about Drug Sentencing Reform" that disparities in sentencing "continue to plague [the] Criminal Justice Sy Continue Reading...
Sentencing Foreign Prisoners The lure of the United States is such that various types of peoples are attracted to its shores. Among those who come to the country to seek their fortune are many who engage in illegal activities. The result of that beh Continue Reading...
Sentencing in Criminal Justice Systems Sentencing Philosophies: The United States Sentencing Commission (USSC) has several purposes, among them to: a) "establish sentencing priorities and practices for the federal courts"; b) help the executive bra Continue Reading...
Question B: How would you incorporate the sentencing goals of retribution, incapacitation, deterrence, rehabilitation and restitution in your sentence of this individual for this particular crime? Identity theft may often be a 'white collar' crime Continue Reading...
Sentencing Disparity Preventing Sentence Disparity Ultimately, sentencing disparity is rooted in a combination of how laws are authored and how they are enforced. Such is to say that the approach to sentencing in the United States is not itself rac Continue Reading...
Sentencing Philosophies/Theories/Practices Punishment is based on four main theories, namely: retributive theory, deterrent theory, reformative and preventive theory. Retributive theory is the first and most important of all the theories. When a per Continue Reading...
"African-Americans now serve virtually as much time in prison for a drug offense (58.7 months) as whites do for a violent offense (61.7 months)" (Compendium 2004, 112).The Commission reported in 2004 that "[r]evising the crack cocaine thresholds wou Continue Reading...
Of course, one way that offenders can be deterred from offending is by incapacitating them. Sometimes the goal of sentencing is just to be able to keep that particular offender from engaging in further criminal behavior. Theoretically, putting an o Continue Reading...
Interestingly, females tend to receive lesser sentences than males, although that disparity disappears in crimes that are more serious. These characteristics show themselves in state courts, too, which indicates that disparity and discrimination sti Continue Reading...
Sexual Assualt Sentencing for Sexual Contact with a Minor Charges of sexual misconduct with a minor are very serious. These charges, if proven true, are likely to carry a sentence that will include some jail time. In the case of 34-year-old Doug Ka Continue Reading...
Mandatory Sentencing Public policy, crime, and criminal justice Mandatory Sentencing: Case Study Critique The prime grounds of mandatory sentencing laws are utilitarian. The laws come with long prison sentences for recidivists, drug dealers and is Continue Reading...
Mandatory Minimum Sentencing Laws: Mandatory minimum sentences, which were rare in the criminal law or justice system, have experienced a remarkable increase in popularity. As a political phenomenon, the policy has enjoyed broader bi-partisan suppor Continue Reading...
Federal Mandatory Minimum Drug Sentences and Their Impact on Recidivism There is much controversy regarding mandatory sentencing and its impact on the American society throughout recent times. In many ways, prisons are used as a means to control cri Continue Reading...
Logic of Sentencing Criminals Humanity has always dealt with the problems related to crimes committed against both individuals and the public. Philosophers, judges, lawyers, public figures, government officials, and corrections institutions have pro Continue Reading...
Both positions have merit and generally, the most appropriate perspective is an intermediate position that recognizes the relevance of both considerations. That perspective influences modern sentencing policies and decisions by incorporating both t Continue Reading...
" (the Sentencing Project, 2000; p.51) in the sentencing phase of a case, it may be necessary for defense attorneys to "utilize sentencing advocates who can develop sentencing proposals for the court in felony cases and jointly challenge unwarranted Continue Reading...
The period of time that happens right after an offender is released is such a crucial time in the determination of whether a person is going to re offend or not. If the New Jersey state sentencing laws continue to go down the path that they are on, Continue Reading...
"These sentences are mandatory regardless of the individual's background, character, role in the offense, and the circumstances of the offense. Whether the person is a first-time offender, for instance, is irrelevant" (Rockefeller drug laws, Drug Po Continue Reading...
Mandatory Minimum Sentencing Abstract (Incomplete) Prison overcrowding and tax payer burdens are just two of the effects that must be addressed with mandatory sentencing reform. There must also be a consideration for balancing the deterrence factor Continue Reading...
Criminal Justice -- Sentencing and Analysis Courtney Elizabeth Hernandez was indicted for kidnapping. Her case was handled in the Circuit Court for the Western District of Texas. Based on her attorney's advice, she accepted a plea bargain, pleading Continue Reading...
According to Lawlor, Connecticut has "developed a flexible approach geared toward immediate intervention and proven results" (Lawlor). He explains that not every teenaged car thief with a record of several arrests should be sent to prison, just as n Continue Reading...
.....personal ethics derive from a combination of established codifications of moral conduct, such as those embedded in political documents or in religious scripture, but also from my personality, my upbringing, and my worldview. I tend towards a uti Continue Reading...
along with the guidelines for page and visual design discussed in chapter 8. Looking Back In order to properly evaluate the sample pages provided, it is important to look back at chapter 8. Chapter 8 explains the four levels of design. The four le Continue Reading...
Exegesis a Passage Analyzing Sentences Greet people all God's in Christ Jesus The brothers and sisters send greetings who are with me people send greetings, All God's here you especially those who belong to Caesar's household. especially who are Continue Reading...
race plays a role in the different sentencing ranges applicable to different crimes. Race and Sentencing Guidelines Race has been a consideration in sentencing guidelines for quite some time. Many individuals believe that those who are not Caucasi Continue Reading...
It is a matter of opinion as to whether this is actually accurate, but it does appear to be logical (Payne, 1997). This is an important analogy because of the fact that many individuals who are targeted for a particular reason will often attempt to Continue Reading...
Regulatory Measures Events that led to implementation of various regulatory measures The implementation of the 1984 Sentencing Reform Act called for the establishment of Federal Sentencing Guidelines for Organizations (FSGO). The United States Senten Continue Reading...
Drug Sentencing in the U.S. Criminal Justice System The objective of the research proposed in this document is to examine the issue of drug sentencing in the U.S. Criminal Justice System in order to determine if the sentencing used is effective in b Continue Reading...
" (Potter, 1999) Supreme Court finally strikes down juvenile executions On Mar. 1, 2005, the U.S. Supreme Court struck down once and for all juvenile executions in the United States, abandoning nations such as Nigeria, Congo, China, Pakistan and ot Continue Reading...
Corrections: Mandatory Minimum SentencingA plethora of research has indicated that the time spent in jails is not favorable for prisoners since the recidivism rate would not be guaranteed to fall after their jail term is over. The mandatory minimum i Continue Reading...
In the 1940s, the Klan began using bombings of their homes to scare blacks who had moved into the "wrong" neighborhood. In 1944, the IRS filed a lien against the Klan for over $600,000 and it was forced to disband. Its numbers by then had dwindled t Continue Reading...
criminal justice system comprises of key features that generally include the criminal act, investigations into it and subsequently arresting the suspect, abhorrence to suspect's rights in the course of due process, the trial as well as the sentencin Continue Reading...
Drives Punitive Beliefs Brian K. Payne, Randy R. Gainey, Ruth A. Triplett, and Mona J.E. Danner present a sociological examination of punitive beliefs in the United States in their article "What Drives Punitive Beliefs? Demographic Characteristics Continue Reading...
Appeal System The appeal of a sentence or verdict in a criminal case is governed by statute. Consequently, the appeal represents the first opportunity that a convicted federal criminal may seek to contest a conviction or sentence. The appeal allows Continue Reading...
Ethics Prison Purpose of a Prison Sentence Crimes are committed daily in our modern day society and can be loosely defined as any action, that by society's standard, equals the breaking or disobeying of some accepted rule, standard, statute or cul Continue Reading...
