...Mandatory minimum sentencing guidelines were initially established several years ago to assist with the war on drugs. While this is an understandable intent, it has since been adjusted to cover other offenses as well. What once was created with good intentions has now evolved to the point of stripping judges of their duty. Mandatory minimums prevent judges from sentencing the criminal to the fitting amount of time for the crime they committed. This has led to a problem with overpopulation in both federal and state prisons. While many can rightly argue that mandatory minimums create a standard in the justice system, many of the people in prison are there serving an irrational sentence. Take, for example, Lee Wollard, a gentleman spending 20 years in Florida state prison for simply...
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...Noah Messersmith English Comp 101 4/14/14 Persuasive Essay First Draft Did you know that due to mandatory minimum sentencing, the U.S. federal prison populations have almost grown 800 percent in the last three decades? What is mandatory minimum sentencing you ask? Well it is the set sentencing that is given to someone that the judge cannot shorten because it is a set time and they can’t shorten it, even for extenuating circumstances (“What Are Mandatory Minimum Sentencing Laws”). The U.S. Supreme Court should review the mandatory minimum sentences, weigh the positives and the negatives, look at the possible advantages and disadvantages, and then do what they need to do to enforce what they decide. Although many people are for mandatory minimum sentences and think that they are fine and don’t need to be refined and changed, there are many reasons why they should be shortened. One reason is that it will make the prison system is overpopulated and it will make it a safer place for the inmates and for the prison guards. It will make it safer for the inmates because there won’t be as many inmates in there for long periods of time and they don’t have to worry about their safety as much because right now, there are so many inmates that the guards are losing some of their control over them. It will make it safer for the prison guards because they won’t have as many people to look over and they will feel like they have more power and authority because they won’t feel as overwhelmed...
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...because of mandatory minimum sentences. Many of them committed non-violent crimes and are being punished longer than what the actual crime may deserve. In fact, some have been wrongly accused or were only vaguely associated with a crime, but are being imprisoned for the mandatory minimum. The number of prisoners is increasing because of mandatory minimums, which is requiring more funding from the states. The major issue associated with mandatory minimum sentencing is that it has increased imprisonment, but it has not reduced the crime rate, especially in drug related cases. Position Statement Mandatory minimum sentences have increased imprisonment, which has cost the states more money. Having mandatory minimum sentences has not reduced crime and therefore, is not effective. It should not be repealed completely, but there need to be certain adjustments made according to what crimes and type of involvement with crimes require mandatory sentencing. The U.S. Senate is considering two bills that would revise the federal sentencing laws in the case of mandatory minimum sentences. The Justice Safety Valve Act of 2013 expands the existing sentencing “safety valve” by allowing a judge to depart downward from any mandatory minimum, if the court finds that it is necessary to do so in order t avoid imposing an unjust sentence. The Smarter Sentencing Act of 2013 applies only to non-violent drug crimes and would permit a district judge to issue sentences without regard to any mandatory minimum...
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...America makes up five percent of the world’s population but 25% percent of the prison’s population. This is cause mandatory minimum sentencings, which means a person convicted of a crime must be imprisoned for a least amount of time, as opposed to leaving the length of punishment up to judges. This sentencing is mostly used for drug offense but if the offense is non violent the time in prison is usually a decade. Mandatory minimum contributes to the fact that America has a systematic problem of increase of mass incarceration, and that men of color are being deprived of things because of criminal records . Even though some believe that it prevents drug use. Overall nonviolent drug offense should be prosecuted but mandatory minimum sentencing should be eradicated. Mass incarceration refers to the unique way the United States had locked up a tremendous population in federal, state prisons, and local jails. In the text “The New Jim Crow: Mass Incarceration in an Age of Colorblindness” by Dr. J. Carl Gregg , it states “ In 1972, fewer than 350,000 people were being held in jails and prisons nationwide, compared with more than 2 million...
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...Introduction The issues of mandatory sentencing have been affecting the prison forecasts, tax revenue, over-crowding in prisons, as well as flooding the court systems and backlogging cases. Mandatory prison sentences take the discretion away from prosecutors, as well as judges. An Inmate who is sentenced under a mandatory sentence does not qualify for early release, good time while in prison, and in most cases, the offender is not required to complete any supervision after release, due to the fact that he or she has fulfilled the obligations of his or her sentence. Several states, including the State of Oregon, have introduced legislation to reform their mandatory minimum sentences. With budgetary constraints in the volatile economy, the government cannot afford to continue to incarcerate individuals without the ability to modify sentences, supervision, etc. How courts are affected by mandatory minimum sentences Congress, as well as some of the state legislations introduced mandatory sentences in the 1970s and 1980s. These mandatory sentences forced the court system to hand down fixed prison sentences to those convicted of certain criminal acts. The lawmakers felt by enacting these sentences then it would help in the battle against the drug trade and hopefully prevent individuals from entering. However, while it did assist the courts in certain areas it has also been detrimental to the court system. According to "Prisonpolicy.org" (n.d.), the mandatory sentencing laws did six...
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...Mandatory Minimum Sentencing Katie Miller ENG/130 January 12, 2014 Timothy Resh University of Phoenix Mandatory Minimum Sentencing Mandatory minimum sentencing has led to many unintended results. It has triggered unwarranted disparity in sentencing and contributed greatly to the overcrowding epidemic now facing our prison system. In this paper, the author will explore some of the negative consequences incurred due to mandatory minimum sentencing. Furthermore, the author will examine the effect this has had on non-violent offenders and the burden it has put on both the taxpayers and our prison system. Finally, the author will discuss the overwhelming affect it has had on our judicial system. An Overview Mandatory minimum sentences require a judge to impose a statutorily fixed sentence on offenders convicted of certain crimes, regardless of other mitigating factors. Discussions on mandatory minimum sentencing indicate the purpose to be multifaceted. Using mandatory minimum sentencing reduces crime, especially drug use, controls judicial discretion over certain sentencing decisions, increases prison sentences for serious and violent offenders; and lets everyone know that action is being taken to fight criminal activity. However, it is widely acknowledged that mandatory minimum sentencing laws have not always achieved their objectives and have often resulted in unintended consequences such as sentencing inequities and unduly harsh penalties. Overcrowding ...
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...and the mandatory minimums that come along with those drugs in term of jail sentences, our group had a lot to say about the issue. The purpose of this essay is to give my specific ideas and thoughts given the multitude of topics presented by the issue. I will give my expert opinion on the topic of mandatory minimums, some lessons learned about the topic, and some of the most valuable information towards legislation regarding this topic. With so much to say about the topic, I will start with my expert conclusion of the subject. Expert conclusion The policy that my group researched was the topic of Crack vs Cocaine in regard to the mandatory minimum sentences that come along with possession of...
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...SOCI 2450 A Prof. Darryl T. Davies Bill C-10: Issues of Interest Nidhal Abubakar 100896803 Bill C-10: Issues of Interest Nidhal Abubakar 100896803 2015 2015 There are many issues surrounding the content of Bill C-10. This essay will examine issues that affect the criminal code and provide evidence that the Bill is not progressive for Canada to deal with crime and the judicial process. By looking at the issues such as mandatory minimum sentences and the proposition of the bill we will look at the challenges that will be faced and met. The bill also introduces eliminating conditional sentences and eliminates double credit for time already served as well as introduces changes to the Youth Criminal Justice Act to impose harsher sentences for young offenders. This essay will delve into information that will bring the various issues to light. Firstly an explanation of Bill C-10 will be provided to understand what changes will be made to the Criminal code and who it affects. The dissection of the Bill will open the dialogue for this essay for appropriating topical issues with the concept of progress in a manner that reflects the trouble that this Bill brings to Canadian society. Bill C-10 was introduced by the Minister of Justice on the 20th of September 2011. The Act includes the enactment of the Justice for Victims of Terrorism Act and amendments to the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the...
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...(Families Against Mandatory Minimums) is an organization dedicated to changing laws and spreading the word about unfair laws and harsh sentences that are imposed on individuals through our justice system. FAMM has been a gateway to become proactive within my own community as far as taking action and reaching out to U.S. senators. The Smarter Sentencing Act is a bill that would cut mandatory minimums in half, make more defendants eligible for the “safety valve”, and make crack cocaine sentencing reforms retroactive. The safety valve is a two-point reduction that allows an individual to come down from a mandatory minimum and be eligible for a sentence along the federal guidelines. This is only one of many suggestions that would help save taxpayers money, reduce the federal prison population, and result in fairer sentences for non-violent first time offenders. There are three main categories that can trigger a mandatory minimum. The most common penalty for mandatory minimums applies to drug trafficking. Under this statute the minimum must be met if there is a particular type of drug that exceeds a certain amount, a sale to someone under the age of 21, the employment of an individual under the age of 21, and/or occurring within 1,000 feet of a school zone. The second most common is a consecutive mandatory minimum sentence when there is possession or use of a firearm in connection with certain underlying offenses. The third and most frequently applied mandatory minimum is triggered...
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...explanation, the United States and Canada are so similar it almost seems unrealistic to assume that the crime disparity could be so wide. That leaves us with the idea that the United States court systems unfairly treats criminals or just treats criminals harsher than any other developed country in the world. This thought is certainly very frightening and should be a concern for every United States citizen. Even though most people are good, law-abiding citizens, sometimes these good people make mistakes and when this happens they should face consequences appropriate for the crime that they committed. Giving someone a long sentence in prison for what would be considered a minor crime in other developed countries is cruel and unjust. It goes against what America stands for; freedom, the land of opportunity and second chances, and the chance to live the...
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...Corporate social responsibility and minimum legal expectation Over the last few decades, the issues of corporate social responsibility have become the focus of society. Especially after many company scandals emerged (such as Enron and Libor scandals), the public are more curious about the CSR and the its legal expectation. Some countries have already set mandatory regulation about the CSR. For example, in Australia the Corporations Act 2001 stated that companies need to disclose environmental performance and another Act[1] requires certain companies to provide the information about greenhouse gas emissions. However, in the UK, the regulations mainly govern financial disclosures[2] and there are few regulations about the CSR of company. In the aspect of law, the Companies Act 2006 s.172[3] set some duties for the directors to promote the success of company which are in relation to legal expectation of the corporate social responsibility. The notion of CSR and the relationship between CSR and its legal expectation is the main of this essay. This essay will critically discuss the notion of corporate social responsibility and giving particular attention to minimum legal expectations. The structure is as follows: in the section 1, we are focus on the discussion in relation to many kinds of the definition of corporate social responsibility. In the section 2, we will discuss the notion of CSR through different theory perspectives and the minimum legal expectation. In the section...
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...and those freedoms are protected from the government to a certain extent Rohde, S. F. (2016) lists these protected freedoms as the Bill of Right; the Fourth Amendment protects against unlawful search and seizures, the Fifth Amendment prohibits self-incrimination, and the Sixth Amendment ensures the accused has the right to speedy and impartial trial and these are just a few protected freedoms of several that make up our Bill of Right. When asked about some short falls that our justice system suffers, Shaunna seemed to have less say on the subject, weather it’s because she is relatively new to law enforcement or be because of the amount of trust she that she has in its’ overall effectiveness, it is hard to tell. She did talk about the amount of incarcerations and the minimum mandatory sentencing we have. We are placing far too many people in prison which creates overcrowding, which can lead to higher levels of violence. Lahm, K. F. (2016) says research indicates that variables such as lack of programs, higher security levels, gang activity, and prison overcrowding may all increase violent behavior. Another weakness is minimum mandatory sentencing. Some non violent offenders are being sent to prison for 5 years (that's just a random number) just for selling weed because that is the minimum mandatory sentence for that offense. Shaunna gives an analogy that helps understand why this way sentencing can be problematic saying that “many offenders will go to prison with an "associates...
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...Payroll and Business Tax Accounting Chapter 1 – The Need for Payroll and Personnel Records Fair Labor Standards Act (FLSA) or Federal Wage and Hour Law – A federal statute of the United States that was established in 1932 by Senator Hugo Black. This statute “contains provisions and standards concerning minimum wage.” It also covers equal opportunity requirements so that everyone is paid a fair wage regardless of race or sex. It covers overtime and holiday pay, record keeping, and child labor. (Textbook) These standards affect “employees in the private sector and in federal, state, and local governments. Covered nonexempt workers are entitled to a minimum wage.” (www.dol.gov/whd/flsa) It also started “the forty-hour work week, established a national minimum wage, guaranteed ‘time-and-a-half’ for overtime in certain jobs, and prohibited most employment of minors in ‘oppressive child labor.’” (Wikipedia) Provides enterprise and individual employee coverage. Federal Insurance Contributions Act (FICA) – an employment tax that “imposes two taxes on employees and two taxes on employers.” These taxes fund old-age, survivors, and disability insurance program (OASDI) and hospital insurance (HI). (Textbook) The FICA “tax is a United States federal payroll (or employment) tax imposed on both employees and employers to fund Social Security and Medicare —federal programs that provide benefits for retirees, the disabled, and children of deceased workers.” (Wikipedia) This act requires...
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...Foreword Acknowledgments Introduction Transfer Provisions Waiver Direct File Statutory Exclusion Reverse Waiver Once an Adult/Always an Adult Additional Analyses Transfer for Nonviolent Offenses Additional Pretransfer Findings Required Clear and Convincing Evidence Standard Special Transfer Treatment Based on Prior Record Devices To Limit Prosecutorial Discretion Minimum Age Provisions Appendix: Summary of Transfer Laws Share With Your Colleagues Publications From OJJDP List of Tables Most States Have a Combination of Transfer Provisions Summary of Transfer Provisions, 1997 Discretionary Waiver: Minimum Age and Offense Criteria, 1997 Mandatory Waiver: Minimum Age and Offense Criteria, 1997 Presumptive Waiver: Minimum Age and Offense Criteria, 1997 Direct File: Minimum Age and Offense Criteria, 1997 Statutory Exclusion: Minimum Age and Offense Criteria, 1997 Minimum Age and Offenses for Which a Juvenile Can Be Transferred to Criminal Court in Every State, 1997 Lowest Age of Criminal Responsibility/Criminal Court Jurisdiction, 1997 Lowest Age for Original Juvenile Court Jurisdiction in Delinquency Matters, 1997 [pic] U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention 810 Seventh Street NW. Washington...
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...the case of public speeches or justification of policies. The evolution of mass incarceration becoming a racial control against African Americans was achieved through the Reagan administration,...
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