...Introduction Capital punishment in the United States is largely viewed as retaliation and compensation against society's most malicious criminals. The federal government rarely imposes capital punishment for crimes. The majority of capital sanctions are imposed on the state level for murder. Currently, thirty-two states have death penalty statutes. Of those thirty-two, only seven states carried out executions in 2014 (Bureau of Justice Statistics 2015). Those executions total 35 (Bureau of Justice Statistics 2015). As a result of the low number of executions carried out, experts in the United States have examined the efficiency of the death penalty. To accurately assess the economic costs of the death penalty, the difference between the costs...
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...“Privatizing conflicts”. Concerns with restorative justice Table of content Introduction 2 1 The appeal of restorative justice 3 2 Privatizing conflicts 5 2.1 Legal sphere concerns with privatizing conflicts 5 2.2 Feministic concerns with privatizing conflicts 8 3 Underexplored pitfalls 11 Conclusion 12 References 14 Introduction This paper is written within the framework of the master course ‘Restorative Justice’. It aims to be an academic reflection on some of the concepts educated throughout these classes.[1] The literature on restorative justice is extensive and therefore the case for it will not be made again here. Basic notions will not be repeated in this paper. The majority of criminologists already accept the letdown of the current criminal justice system on certain accounts; problems have been solidly exposed and opponents of restorative justice have been constantly defending the need for their rationale. Perceived advantages are well-known and have been documented soundly. But this work attempts to look beyond the reform minded and optimistic spirit that most of the restorative body of thought (rightfully) carries. Certain less obvious aspects of the theory might be underconceptualized, overlooked or taken for granted. Taking the concern of some more critical authors that restorative justice processes ‘privatize’ conflicts as a starting point, it will be explored whether or not this privatizing...
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...Appeals Process Paper When any defendant is found guilty, of any charge, is entitled to an appeal to at least one level of appellate court (Meyer, J & Grant, D. 2003). An appeal is when a defendant has already been found guilty in court, and they decide to take it to a higher court in order to change the ruling (Meyer, J & Grant, D. 2003). Basically it is a process that takes place, because the defendant and their attorney do not feel that the verdict given was accurate; and that could be due to many different reasons. Appeals ensure that there was a fair trial given and no rights were violated (Meyer, J & Grant, D. 2003). The appeal process begins very shortly after the trial, when the defense sends an appeal to the court. Appeals factor in to the overall criminal justice process, because in the end they can change laws or amendments. The Miranda rights are a great example of this. They came about after someone went back and challenged the court. It was then that the Miranda rights became part of the law and the criminal justice process. Just because a criminal goes to court and is decided guilty and is charged with whatever he/she was being charged with, does not mean that the process is over and he/she accepts the sentence and it is done. The defendant may decide something went wrong or he/she has a way of proving their innocence. Then they will submit an appeal and may end up getting out of the original sentence given. This completely changes up the criminal procedures...
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...Felicia Mitchell English Online Dr. Logan December 12, 2013 Criminal Justice System is it "Justice" or "Just Us" Section I: Introduction I have always been intrigued with the criminal justice system every since I started working as a Correctional Officer for Solano State Prison. I also worked in the Inmate Appeals Division where inmates had the right to appeal a write up written upon them by any staff. It is not my intention to raise any more controversy on the subject but to open the eyes of people to see their is still discrimination against those of color than whites still in the 20th century. While working in this division, I noticed a lot of discrimination within this system such as the African Americans and Hispanics would receive a denial on their appeal and their property would be taken away from them whereas, if a Caucasian inmate appealed the same situation they would receive a granted appeal and get their property back. Working as an Officer, their were a lot of mistreatment in the prison system; such as if their were fights among the Blacks and Hispanics or Whites and Blacks or Whites and Hispanics, the minorities would always receive the harsher treatment by being locked down for months whereas the white inmates would just be locked down for a few days. At a presidential primary debate Senator Barack Obama charged that blacks and whites “are arrested at very different rates, are convicted at very different rates, and receive very different sentences...
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...The Juvenile Criminal Justice System The statistics of juvenile crime are staggering: each year the juvenile justice system processes more than 2.5 million juvenile arrests each year and decides the fate of nearly 5,000 delinquent juveniles every day. This paper will cover the philosophies that shape the juvenile system and how it differs from the adult justice system. It will also touch upon the sanctions involved, the legal factors that are associated with sentencing and how the appeals process works (Chung, Little, Steinberg, & Altschuler, Feb.2005) Historically, juvenile criminals were treated the same as adult criminals. It wasn’t until about a century ago that the philosophy behind the way that juveniles that violate criminal laws were treated differently from adult offenders. Punishment was the central criminal law philosophy in English common law. Most people presumed that children under the age of seven were not capable of forming criminal intent, thus eliminating them from the criminal justice system completely. Children between the ages of seven and 14 were also presumed incompetent to form the requisite criminal intent unless the prosecutor could demonstrate that the child knew the difference between right and wrong. Children over age 14 were presumed to have the capacity to form criminal intent (Patton, 2011). During this time there were no special courts to deal with adolescent offenders. Because of this they were arrested, held in custody, tried, and...
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...Impact of Death Row on the Correction System Name Task Date Abstract When an individual is found guilty of a criminal offense and consequently sentenced to death, the individual is held in death row pending any habeas corpus or appeals, and if these fail, until the convict is convicted. Those opposed to capital punishment have contended that the isolation of a convict and the uneasiness over his or her destiny constitutes a kind of mental depravity and that long-term death row convicts are particularly prone to become mentally unstable. This condition is commonly known as death row phenomenon. In severe cases, some convicts may try committing suicide. Issues relating to the administration of capital punishment are vast and varied. Often, talk about the use of death penalty concentrates more on sentimental arguments pertaining to the moral issue emanating from the administration of death penalty. This paper attempts to study the issues that surround capital punishment by making use of the system analysis approach. It shall endeavor to explore the dehumanizing effects brought about by the recommencement of capital punishment. While there are no clear-cut answers regarding the matter of capital punishment and death sentence, this paper will attempt to shed more light on the normally intricate social issue. Impact of Death Row on the Correction System In June 1972 in a case concerning Furman v. Georgia brought before the U.S. Supreme Court, the court...
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...| APPEALS PROCESS | Describing the appeals process | | Ashlee Flemimg | 2/12/2012 | Abstract An appeal in the criminal law system is a defendant’s way of challenging the court’s decision. In this paper I will discuss what an appeal is, how it factors into the overall procedures and process of the criminal system. How the appeals process may be improved. Steps in the appeals process and an example case of an appeal. And why the example case appeal did or did not succeed. Introduction A defendant can challenge is conviction by filling an appeal to have the conviction overturned. The first appeal filed in most cases in the Federal System and most State Court systems is an appeal of the Statutory Right. If they lose the appeals under the statutory right they may then appeal to the State Supreme Court or the U.S. Supreme Court. But in most cases a defendant does not have the right to file such an appeal. The Supreme Court must agree to hear the defendant’s case. But defendant needs to remember that an Appeals Court is not automatically required to review a case. What is an appeal? An appeal is a petition to a higher court for review of a case that has already been decided by a lower court of law. The petition is made for the purpose of having the lower court’s decision overturned. How do appeals factor into the overall criminal procedures and processes? Merely filing an appeal does not automatically mean that a defendant will find it easy to have the court...
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...Criminal law 1 IN T R O D U C TI O N This chapter explains the two main sources of criminal law in the UK: legislation, that is, Acts of Parliament (or statutes), and case law. It will give you an overview of the process by which Acts of Parliament come into existence as well as introducing you to European Union legislation and the European Convention on Human Rights, both of which have an influence on the law in the UK. You will also gain an understanding of the criminal courts in which cases are heard and the systems of law reporting which allow access to the judgments of those courts. As well as exploring the sources of law, this chapter will show you how to find legislation and case law using a variety of online resources. Finally, the chapter will give a brief introduction to finding the criminal law of overseas jurisdictions. An understanding of the criminal law is important to the study of criminology as it is the criminal law that defines certain forms of conduct as criminal. This criminal law can be contained in both statute law and case law, so it is essential that you understand the origins of both and the ways in which they interrelate. You should see that the criminal law is constantly changing and evolving in response to social, political, and technological influences which manifest themselves in new statutes or judicial interpretation of existing law. If you are studying criminology as an option on a law degree, then the content of this chapter should already...
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...Assignment 1 Identify the topic you selected and explain two reasons for using it and include thesis statement: Juveniles and the justice system is the topic chosen for my research paper. According to the FBI “Juveniles (< 18 years) were arrested for murder, 2,198 for forcible rape, and 35,001 for aggravated assault,” these are all actions that sound horrible and reap even more horrible consequences. “When juvenile cases get transferred to adult criminal court through a process called a ‘waiver’—when a judge waives the protections that juvenile court provides” (Kathleen Michon, 2016). Usually, juvenile cases that are subject to waiver involve more serious crimes, or minors who have been in trouble before. Ever since more states have begun trying juveniles as adults in certain situations, the crime rate among juveniles has dropped significantly. Thesis statement: The frequency of juveniles committing horrendous crimes has been on a steady rise for the past couple of decades and even though fewer varieties of punishments, juveniles should be tried as an adult because it would deter and minimize crimes committed by minors and brings justice to the victims. Describe 3 major characteristics of your audience: My intended audience will include my professor and classmates, lawmakers, judges, prosecutors, lawyers, and parents. I will try to persuade readers to agree with my stand on juveniles and violent crimes and why I feel so strongly that juveniles should be tried as an adult...
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...rationale to thought in motive. There are also different thoughts to explaining criminal behaviors, one being classical school of thought and the other being a positivist school of thought. For the focus of this paper we will be looking at the four main theories: Social control theory, Strain theory, Differential Association Theory, and Neutralization theory. Social control theory is the theory that those who engage in socializing or social learning build self-control and lessens the likelihood of antisocial behavior. This theory also explains the conformity of behavior accepted in society. Anti-social behavior due to lack of social links within society lend strong indications to criminal behaviors. Travis Hirschi’s held this same theory of ‘‘social control’’ stating that if a man is not variously bound to society by some attachment, commitment, or involvement, he is, at risk criminally. (Muraven, 2006) One of the strengths in this theory is the recognition of wrongdoing by offenders. With the recognition of wrongdoing should come the accountability of action. Therein lies the weakness to this theory as accountability for one’s actions tends to be ignored in today’s society, easily dismissed or excused by another theory. Fact of the matter is most people knowingly commit crime in the hopes they won’t get caught, but also know if they do that leniency is most likely. The strain theory suggests that criminal activity is relative to economic status. Thus suggesting that the lower economic...
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...Penalty George L Turner III PHI 103 Mr. Russ Tompkins August 31, 2009 Abolishing the Death Penalty The Death Penalty in America today is a highly debated issue and has been for many years. Could you imagine not having a life threatening consequence at all, such as the death penalty when it comes to criminals that commit very severe crimes? There are many people in the United States today with many different opinions on why the Death Penalty should or shouldn’t be abolished in our Country. I’m one who feels that we should not abolish the Death Penalty; however our Capital Punishment system can be much improved. One advantage to keeping the Death Penalty is that it’s suppose to act as a deterrent against those people who might think about committing a serious crime. I believe that it does help as a deterrent for some people, but not to the extent that it should. If we started sentencing more murderers and serious offenders to death, then I believe that more people will fear the consequences in which they may face. Now, if we start convicting the serious criminals to death, then that doesn’t mean continue to let them appeal their sentence and take years before they’re actually put to death. One other thing that I believe that keeps the Death Penalty from being as effective as it should be is T.V. I know it’s only T.V. but that’s what people see and a lot of people believe that is the way it is. Whether or not T.V. is how it is or not, most people...
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...Plea Bargaining Paper Christina Petee POS 2041-American National Government May 8, 2016 Professor Richards Plea Bargaining Paper Introduction In my paper I will explain what plea bargaining is and why we have it. I will also explain why plea bargaining is important in the judicial system. So ask yourself, “What value or role does plea bargaining play in our judicial system?” Guilty is guilty, thus sentencing should be rather uniform in nature, shouldn't it? The complexities of law and illegal activities make plea bargaining a controversial though legally acceptable practice in the American legal system. Body Discuss the controversial practice of plea bargaining in the American judicial system. Should the nature of the crime affect the defendant's opportunity to plea bargain? I am going to discuss first what plea bargaining is and how it works. Government prosecutors, acting on behalf of the public, choose whether and how to pursue a case against criminal defendants who may have violated the law. In some cases, they may decide to offer a plea bargain, an arrangement in which a defendant agrees to plead guilty to a lesser offense than he or she was charged with, to avoid having to face trial for a more serious offense and a lengthier sentence. (Magleby 346) Magleby, David B., Paul Light, Christine Nemacheck....
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...Shorter University The Legal and Ethical Dilemma of Physician Assisted Suicide: An Analysis: People v Kevorkian This research was aimed at providing an analysis of the ethical and legal dilemma surrounding physician assisted suicides. The subject of physician-assisted suicide has raised many thought provoking and controversial questions. This paper will evaluate, the ethical dilemma surrounding physician assisted suicides, the case of People v. Kevorkian, the differing laws pertaining to physician assisted suicide in Michigan, Georgia, and Oregon. The purpose of this paper is to provide the reader with information on the state’s most current laws regarding assisted suicide and how the case of People v. Kevorkian was a unique case involving physician-assisted suicide. The Ethical Debate of PAS In his article, Hosseini (2012), argued that physician-assisted suicide (PAS), is a moral and ethical dilemma faced by physicians, ethicists, legal experts, and others. Hosseini went on to explain that PAS is opposed by the American Medical Association (AMA) and all the US states except for Oregon. In his research, Hosseini (2012) used the case, People v. Kevorkian, as a basis to argue that although there is an ethical dilemma surrounding PAS, it was not the act alone that resulted in Dr. Kevorkian’s arrest and sentence. Hosseini posed the question in his research “Is Physician-Assisted Suicide Ethical?” to which he answered “… this problem too has two sides to be considered; we can...
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...be one of the most controversial and a debated topic across the United States which leads to the logical question; is the death penalty just and applied fairly? Although in theory sentencing a criminal to death may bring closure to the victim’s families, the practice of sentencing someone to death is an unjust form of punishment with factors such as costs, deterrence, and rehabilitation failure show that putting a criminal to death is counterproductive and inhumane. Death Penalty laws have been around since Eighteenth Century B.C., but the execution in American dates back to the colonial days in 1608, when Virginia carried out the colonies first execution to Captain George Kendall (Randa, 1996). According to the Death Penalty Information Center (DPIC), in the last four hundred years, 36 states have instituted the death penalty, making execution the ultimate form of punishment (2012). In theory the death penalty appears to be a reasonable method of punishment but in reality it has major flaws that damage the integrity of the state. Not only does it have serious flaws it is absolutely inhumane in every way. The death penalty goes against our rights as human beings. We are supporting the message that killing is okay if the reason behind it is sound and that having putting a criminal to death will lower the crime rate in any given area. Human Right Activist groups such as Amnesty International say the following about the death penalty, “The death penalty is the ultimate denial...
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...death penalty is to serve as a deterrent for other would-be criminals. There have been studies conducted to determine if the death penalty is effective in this regard. There is another point of disparity surrounding the death penalty related to the equality of its application. Are all citizens treated equal? This paper takes a closer look at the equality in the application of the death penalty and its effectiveness as a deterrent. Is the Death Penalty a Fair and Effective Deterrent in the United States? The death penalty came to the United States with the first European settlers and continued until the 1960’s. “The 1960s brought challenges to the fundamental legality of the death penalty. Before then, the Fifth, Eighth, and Fourteenth Amendments were interpreted as permitting the death penalty. However, in the early 1960s, it was suggested that the death penalty was a "cruel and unusual" punishment, and therefore unconstitutional under the Eighth Amendment.” (Bohm, 1999) Since the 1960’s courts have been battling the issue of the death penalty. Currently there are 38 states that have provisions for the death penalty. What is the purpose of the death penalty? The death penalty is the ultimate punishment for a crime. It ensures that the offender will never commit another crime against society. Some would argue that society has not only the right, but the duty to protect itself from severe criminals by executing them. The other side of the aisle might argue,...
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