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...
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...
"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...
" (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...
Disparities on the Sentencing of Convicted Children: The recent sentencing of convicted children and the high-contrast prosecution of the cases by the states is a demonstration of how broken the United States juvenile justice system has become in th 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...
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...
Disparity and Discrimination in the Criminal Justice System Discrimination in the justice system is the dissimilarity based on the difference in treatment given to people regardless of their qualifications or behavior. The criminal justice system ha 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...
Disparity and Discrimination The history of criminal justice and race. The racial makeup of the criminal justice system. The misunderstanding between discrimination and disparity. How disparity and discrimination are addressed in the criminal jus Continue Reading...
This suggests that where racial characteristics are invoked during the process of administering criminal justice, it has been done in order to intentionally subject the minority race to some form of unequal treatment based on his or her race. It is Continue Reading...
Researchers have recently conducted a study of the racial disparity in the military justice system which seems to mirror the results discovered about the criminal justice system. Since the Supreme Court re-instituted the death penalty in 1976, the Continue Reading...
When a lawyer who has never been disciplined represents a juvenile, chances of accepting a plea are high. This is because the lawyer is likely to negotiate for a lesser sentence (Grigorenko, 2012). The current juvenile court system allows youth off 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 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...
Survival of Racist Customs and Mores Into the 21st Century: Analysis of the American Correction and Sentencing Trends Increasing awareness of the US's unsuccessful mass imprisonment experimentation has effected federal and state level modificati Continue Reading...
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...
Introduction A defendant that has successfully been prosecuted and then found guilty will have their sentence determined and read out by a judge at the sentencing hearing. The sentencing hearing can only take place after the criminal conviction. Duri 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...
Abstract Indeterminate sentencing laws allow judges to give convicted felons a window of time rather a specific sentence length. With indeterminate sentencing, the judge provides a minimum and a maximum but defers authority regarding when a prisoner 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...
Unemployment Rate The Disparity in the Unemployment Rate in the United States A recent article in the Sun Journal by Margaret Fisher (2012) has raised some serious questions as to the true state of the economy. While statistics from the department 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...
Healthcare Disparity in Georgia HIV infection continues to be a substantial trouble in Bibb County, Georgia. This illness substantially impacts lots of areas and Bibb County shares among the greatest HIV rates in America. One reason Bibb County deal Continue Reading...
Racial Disparities in Incarceration There is an abundance of salient information related to prisons and the correctional system in the United States dispensed throughout Mauer's article, "Addressing racial disparities in incarceration." The article Continue Reading...
Race on Sentencing in Capital Punishment Different nations and states have the crime categories that they categorize as worth the death penalty, these, in most cases are crimes that are considered to be serious and are directly against humanity or 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...
It is not known if the bias found among males also exists among women. This study will address both the gap in methodology and the lack of studies regarding women. It will contribute to the existing body of evidence by filling in these important gap 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...
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...
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...
Selling in public obviously can result in an arrest far easier than selling in a dorm, or a bar, or a workplace, as whites tend to do. Police can stop a black man on the street and frisk him without a warrant. And so if African-Americans are far mor Continue Reading...
incarceration in the United States exhibits extreme racial disparity. There are significantly more African-Americans in the prison system than there are in the general population in fact, almost 50% of those incarcerated at any given time are black Continue Reading...
S. Senator Dianne Feinstein. The legislation makes the provision of over $ billion in funding "for gang prevention, intervention and law enforcement programs over five years and establishes new crimes and tougher penalties to deter and punish members Continue Reading...
This type of conviction also conveniently disenfranchises the poor of whatever minority from voting if they are convicted felons, and conveniently prohibiting the right to bear arms, or harsher sentencing if they do. These effects of the initial ca Continue Reading...
bias against minorities in death penalty sentences. The writer uses a research approach to analyze this hypothesis. One of the things the writer does is critique literature that has already been published about the topic. At that point the writer di Continue Reading...
Gould, judicial systems have to address the concerns about disparate treatment and its affect on sentencing outcomes (pg.1 paragraph 1). In 1989 the National Consortium of Task Forces and Commissions of Racial and Ethnic Bias in the Courts (the Con Continue Reading...
Punishment in the U.S. Correctional System IN ITS RIGHTFUL PLACE AND FORM Punishment in the U.S. Corrections System Objectives of Punishment These are to punish the offender, to protect the population from him or her, and to rehabilitate him or h Continue Reading...
