...Mandatory Minimum Sentencing A Review of Literature With America's recently increasing problem with illegal substances; a war on drugs has erupted. American drug use has exponentially grown over the last 60 years, causing law enforcement agencies to crack down on drug use, trafficking, abuse and possession. President Nixon stated that the United States' War on Drugs was "public enemy number one" (Jarecki, Barnes, 2013). In response to this growing issue, the United State's criminal justice system began sentencing criminals to jail for a "mandatory minimum" period of time in drug related offenses. With hopes of making a dent in the drug war and of taking the guess work out of sentencing, the courts adopted the law. These longer more harsh sentences have had a positive outcome on the war on drugs. It has helped by getting offenders off the streets and the substances out of the hands of Americans. The criminals that are being sentenced to these long terms deserve the time they are given because they chose to break the U.S. law and came into contact with illegal controlled substances. By giving these mandatory minimum sentences, the criminals are off the streets and away from the pressures of drugs and crime where they used to live, and have the chance to regain a new life through prison rehabilitation. The mandatory minimum sentences are given not only to help punish criminals individually, but also to help the judicial system by way of giving the judges a guideline and a standard...
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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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...In the United States, sentencing varies from place to place and jurisdiction to jurisdiction. Each state has established their own set guidelines and even those can be different from the Federal sentencing guidelines. Sentencing Guidelines are rules that a judge is supposed to follow to determine sentences for individuals and organizations convicted of felonies and serious misdemeanors. These Guidelines do not apply to less serious misdemeanor crimes. The United States Sentencing Commission was created by the Sentencing Reform Act of 1984 and created these guidelines. In the beginning they were mandatory and very strict. People kept calling for longer, harsher sentences (Marvell 1995 p. 696). Congress enacted the Sentence Reform Act to satisfy...
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...Any person who commits a crime has to do the time, even if that time is in jail, participating in community service, or being confined to specific limits through house arrest. Sentencing a criminal their time of punishment is reasonable, it’s the amount of time these convicts are being sentenced under mandatory minimum sentencing that is the root of the problem. Mandatory minimums have been sparking controversy throughout America for quite some time. These sentences have been seen as the most outrageous sentencings for nonviolent criminals. This problem raises a major question: Should criminals charged with nonviolent crimes be given mandatory minimum sentences? Mandatory minimum sentences are sentences that require a criminal, convicted...
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... Sentencing Paper When it comes to punishment the State and Federal government handle things not to different from each other. Sentencing in both systems are not too different from each other also. In this paper I will look at the objectives of punishments by the State and Federal systems. We will also look at how sentencing affects State and Federal correction systems. I will also look at determinate and indeterminate sentencing. The definition of punishment according to the Merriam Webster dictionary is the act of punishing, suffering, pain or loss that serves as retribution and a penalty inflicted on an offender through judicial procedure. The mission of corrections has always been to court prescribed sentences for criminals or to carry the sentence of the court. When an offender is sentenced it is usually for one or more reasons. It is either deterrence, incapacitation, rehabilitation, and or restitution. Deterrence is the goal that is focused on preventing future crimes from happening. The idea is that if criminal receive punishment it would prevent them and others they know from committing crimes. Incapacitation is when you reduce the criminal capacity or intent to commit a crime. Rehabilitation is when you release an inmate back to society with more to offer themselves and the community before they committed the crime. Restitution is when you repay your debt to society financially. This sometimes happens if damaged occurred during the crime. Sentencing affects...
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...noted earlier, nonincarceration sentences include economic sanctions, probation, and intermediate sanctions; incarceration sentences include both short-term and long-term confinement. As described in the next two chapters, short sentences are sometimes linked with an intermediate sanction, so offenders spend part of their sentence in jail or prison and part of their sentence under supervision in the community. Finally, there are sentences of death. For sentences of incarceration, indeterminate and determinate sentences are the two primary models used throughout the United States, although there are many variations for each of these. Indeterminate sentences blend the decision by the sentencing judge and a later decision by a release authority to determine the actual time served. At the time of sentencing, judges sentence offenders to indeterminate sentences, with a minimum and maximum amount of time to be served (for example, two to five years or ten to twenty years). After serving the minimum term, offenders are eligible to be released and their cases are reviewed by a parole board. The parole board determines the release date any time between the minimum and maximum sentence. If a parole board never grants parole, the offender serves the maximum sentence and then must be released. The parole decision and postrelease supervision in the community are described in Chapter 6. indeterminate sentences sentences that have a minimum and maximum time to serve; a decision by a release authority...
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...Sentencing laws in the United States corrections vary, depending on the objectives set at the state and federal levels. Sentencing guidelines provide structure at the criminal sentencing stage by defining offense and offender elements that should be considered in each case to determine the correct sentence. There are four justifications for punishment in the United States; the four principal objectives of punishment are traditionally stated as retribution, deterrence, rehabilitation, and incapacitation. There are many factors that determine what form of punishment you receive. The factors include the type of crime committed and previous criminal history. The state objectives for punishment are applied to misdemeanors, and the federal objective for punishment is only for felonies and serious misdemeanors. The principal objectives for punishment are retribution, deterrence, rehabilitation and incapacitation. Retribution is the justification punishment in which the offender is given a sentence that is vengeful, this given to make the offender suffer for the crime committed, to also make the offender morally responsible for the offender to accept responsibility for their actions. Retribution is also done to show others that the crime committed will not be tolerated. Deterrence is a justification punishment that is given with the intent of discouraging members of society from committing criminal acts out of fear of punishment. Rehabilitation is the justification punishment that is...
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...Sentencing. Sentencing May 20th , 2012 Sentencing is a major issue in our criminal justice system today. Here in the U.S, our courts have always struggled to maintain goals and balance our policies when it comes to criminal sentencing. Although the Eighth Amendment guarantees proportionality in noncapital criminal sentencing, federal and state courts have struggled when deciding individual cases, and the Supreme Court has failed to articulate legal rules that could promote the development of a coherent jurisprudence ( Lippman, 2007). Working within the governing law and building on the work already done by scholars who have focused on this problem. There are three principles: transparency, limited deference, and a "felt sense of justice," that could guide the process of proportionality review and contribute to defining a retributivist touchstone for proportionality judgments (Lippman, 2007). The Death Penalty. The death penalty in the United States is used almost exclusively for the crime of murder. Although state and federal statutes contain various capital crimes other than those involving the death of the victim, only two people were on death row for a non-murder offense (Victor L. Streib, 2004). No one has been executed for such a crime since the death penalty was re-instated in 1976. In 1977, the U.S. Supreme Court in Coker v. Georgia, 433 U.S. 584, held that the death penalty for the rape of an adult was "grossly disproportionate"...
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...Sentencing can be defined as "the judicial determination of a legal sanction to be imposed on a person found guilty of an offence." It is one of several stages, which together comprise what is often referred to as the criminal justice system, although some might argue that it is an overstatement to categorize such disparate functions as a system. These stages are: (A) Crime prevention and maintenance of order (B) Detection and enforcement (including investigation) (C) Prosecution (D) Adjudication (E) Sentencing/disposition (F) Administration of sentences/dispositions. Generally speaking the branches of central government have the dominant role in most of the above, although a number of qualifications should be mentioned. Individuals retain the right to institute private prosecutions at the summary level. In jury trials, members of the public are the determiners of fact and private organizations or individuals often have an important role in the administration of certain sentences. Under our system of government the police take principal responsibility for stages (a) and (b); the police and crown prosecutors for stage (c); the courts (particularly judicial officers) for (d) and (e); and courts, prisons, and community corrections for (f). These agencies all operate within rules, which allow a significant amount of discretion to the officers involved. Increasingly, they are also purchasing contract services from non-government agencies and community groups...
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...Focal Concerns Perspective Focal Concerns Theory The focal concerns theory was developed by Stenonlzxd and his fellow colleagues in 1980. The basis of this theory argues that judges presiding over trials base there decisions around three focal concerns of blameworthiness, practical constraints, consequences, and protection of the community. For example, if a defendant is viewed as blameworthy, dangerous and less likely to have practical constraints and consequences, they would receive much harsher or severe sentences. The first focal concern focus' on the blameworthiness of the defendant. The focus specifically reflects on the seriousness of the offenders involvement with the crime and the offender previous record. In other words, the more serious the offense and the more criminal offenses the offender posses, the more blameworthy the offender appears. The next focal concern is the protection of the community. Judges tend to based their perception of recidivism or re-incarceration by dangerousness of the offender. The more dangerous a offender appears, they will have a higher rate of recidivism is which will cause them to receive a longer than an average sentence length and severity. The last focal concern that a judge considered are the practical constraints and organizational restraints. Organizational constraints are considered to be things like flow of court cases and overcrowding of correctional organization. The practical constraints refer to the offender...
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...Judges like law enforcement have rules and guideline to go by when they sentence someone to a certain punishment. Also like law enforcement, they sometimes go outside those guidelines to accomplish a certain goal. The animal cruelty charge for instance has a sentence of three months in jail but if it is a repeat offender, it can go higher. A judge in Baltimore went outside the guidelines because of the suspect behavior and the sheer disregard for life. This judge has stirred up some controversy with his decision. Was the judge right to sentence this Baltimore cop outside the guidelines while assaults against humans get an insignificant punishment? Montgomery County Judge Richard E. Jordan sentenced a Baltimore Police Officer Alec Taylor to a year in jail for an animal cruelty charge because he was disgusted by the actions of the officer. Police are supposed to held to a higher standard since they are a public servant and swore to protect life. Officer Taylor assaulted “Rocko,” a Jack Russell with a mop and then strangled the dog until he was not breathing. The controversy over this decision brought up in the article is how did Taylor get a year when another officer is suspended with pay for beating a man near a bus stop? Some people think that the some punishments are too lenient on criminals that choose to harm another person and get to go home at the end of the trial. In this case, I agree with the judge but at the same time, I also agree with the controversy. I think that...
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...Crime Statistic Sources The United States measures crime through two major statistical sources, the Federal Bureau of Investigations Uniform Crime Report/National Incident-Based Reporting System and the National Victimization Survey. Data from the two sources, although collected differently, show an array of crime data in the United States and is a method to monitor criminal activity. They both have positive and negative attributes that have influenced different aspects of society. It is important to remember that statistical aggregates of reporting crime, whatever the source, does not reveal the lost lives, human suffering, lessened productivity, and reduces quality of life that crime causes (Schmallager, 2011). The Uniform Crime Reporting (UCR) Program is the crime statistics of more than 16,000 law enforcement agencies (Schmallager, 2011). Congress created this program in 1930 and designated the FBI to implement the program (Schmallager, 2011). The programs primary objective is to generate a reliable set of criminal statistics for use in law enforcement administration, operation, and management; however, its data have over the years become on of the country’s leading social indicators (national atlas, 2003). Citizens use these reports to see fluctuations in crime levels and law enforcement uses it for planning and crime prevention programs. Eight Part I offenses are included in the UCR Reports, also known as the Crime Index. The violent crimes are murder, forcible rape...
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...Sentencing Paper Joan Hamm CJA 234 October 12, 2015 Dennis Holder Sentencing Paper An analysis of the state and federal objectives of punishment are the consequences or penalties for a crime(s) that have been committed. The punishment ensures that the offender is adequately punished for the offences they are being accused of. The implementation of punishment is to prevent the criminal behavior by deterring the offender from committing similar offences. Usually punishment applies to the offender per the crime that has been committed (Hamilton, 2014). If the accused is a repeat offender of federal crime then they go to a federal prison, for almost every other crime the offender goes to a state prison. A prison-- whether it be state or federal, main objectives is preventing and controlling criminal behavior and acts. There are seven usual punishments depending on the judge’s and/or the jury’s decision at trial (Hamilton, 2014). The minimum sentences like Intensive supervision such as: parole, house arrest, probation, etc., Rehabilitation such as: counseling, drug rehab, restitution, community service, fines, etc. On the contrary, more sever punishments include: capital punishment and incarceration. This type of sentencing is imposed as a criminal sanction by a judicial authority. Mandatory minimums, such as: the three strikes laws and sentencing guidelines require specific sentences. It is done with little consideration of personal factors as it pertains to offenders, their...
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...Sentencing Paper Tushar Vincent Botlero 12 March 2012 CJ/A-234 Melissa Andrewjeski Sentencing Paper Punishment has been a subject of deliberate among philosophers, political leaders, and lawyers for centuries. Various theories of punishment have been developed, each of which attempts to justify the practice in some form and to state its proper objectives. The quantity and severity of punishments were reduced, the prison system have been improved. According to the Montgomery County Correctional Facility, Maryland, some of the major reasons for punishment are to reform, deterrence, rehabilitation, compensation, and retribution. Punishment for reform is intended to benefit the offender and society by changing the offender into a contributor to society. Punishment as deterrence is intended to benefit society by discouraging would-be offenders. Punishment to extract compensation is intended to benefit the victim of the offender. Finally, retribution is the only object for punishment that is primarily intended to harm the offender. Individuals are in prison because they broke the rules and would have to serve their time. Some go to federal prison and some go to state prisons. It depends on the type of crime that a person commits because these prisons harbor different types of criminals they also have different guidelines to follow in terms to punishing the inmates. Criminal offenders who benefit from prevention services and are at risk of committing...
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...Sentencing in America Jim Harper CJA/234 March-25, 2013 Mary Walker Sentencing in America Trials in America can be lengthy process. Even when there is a large amount of evidence against a defendant, the trial process may still carry on for months or even years. In the end, however, there must be a verdict. That verdict will either be innocent or guilty. If the defendant is found innocent he or she can be set free. However, if the defendant if the defendant is found guilty he or she must be sentenced. The sentencing aspect of the trial process belongs to the judge. The judge must weigh many factors before handing down the sentence. The judge must determine a fair and proper sentence to fit the crime. Too much may spark outrage in the public, as will too light of a sentence. The judge must find a way to serve true justice to the defendant. However, generally no matter what the sentence is, someone will be dissatisfied. Over the next few paragraph, how these sentences affect the correction system and the overall objective will be examined. The difference between in determinate and indeterminate sentencing will also be examined. Objective and Effects of Sentencing The overall goal of sentencing a person is to deter future criminal acts. Some people believe that inmates should be sentenced for rehabilitation, whereas others believe in strictly deterrence. With America’s “tough on crime” stance, the model tends to be...
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