...Opening Argument: Truth in Sentencing Laws do not Deter Crime Truth in sentencing was developed to keep inmates (especially more violent) to serve 85% or more of their initial time in prison. Although it is to insure the safety and builds a better relationship within society, there can be some negative outcomes such as the availability of plea bargaining to receive lesser sentences or inmates who are serving their complete sentence have the inability to adapt to society once released. Using the plea bargaining system has saved a lot of time and money for the court work group because of the willingness of the suspect to forfeit their freedom whereas a person proceeds to trial and receive a harsher term “…more than 90 percent of all criminal cases do not go to trial because the offender pleads guilty to a lesser charge. Even violent crimes are routinely plea-bargained--an estimated 77 percent of rape cases, 85 percent of aggravated assault cases, and 87 percent of robbery cases.” (Anne Morrison Piehl, 1995) . Piehl and DiIulio explained that criminals almost always have the option to discuss a plea bargain to avoid trial, and also prosecutors are more than willing to proceed with the deal because it cuts time on their work load as well as reduce the funding to conduct these trials. In most cases, people eventually adapt to their environment. In cases when a person is in prison, he/she have molded to the familiar everyday lifestyle that comes with it. “A stronger penalty for...
Words: 431 - Pages: 2
...James Fondren 12/1/14 Criminology Dr. McGovern Deterrence Theory The deterrence theory has been a long study theory since 17th century, starting with Thomas Hobbes and then in more depth by Cesare Beccaria in 1764 when he published Dei Delitti e delle Pene (On Crimes and Punishments).Deterrence theory has continue to be study in more and more depth over the years by sociologist and criminologist and more recently the study of deterrence of specific crimes and using imprisonment times to deter crimes as well. The deterrence theory main idea is that punishment for crimes can be used as a threat to deter people from offending. There’s two parts of the deterrence theory, specific and general deterrence. Specific deterrence is focused fully on the individual; it instils fear in the specific individual being punished. This type of deterrence refrain the individual from future violation of the law. General deterrence is the Criminal Justice system making examples of specific criminals. The criminal isn’t the main focus but the criminal act and its punishment is received in a public view in order to deter other individuals from deviance in future. Thomas Hobbes was an English philosopher, best known for his work on political philosophy. Hobbes published Leviathan in 1651, which is the foundation of later Western political philosophy. In Leviathan, Hobbes describes men as neither good nor bad, he assumed that men are creatures of their own desire who want certain things and who...
Words: 1892 - Pages: 8
...in the Criminal Justice System In ancient times, victims of crimes, and their kin, were responsible for the sentencing and implementation of the offender. This trend did not reappear, in a more lawful form, in modern criminal justice systems until the 1970’s. Recent years have seen growth and attention in victim’s rights and advocacy, but many claim the system is still flawed (Schmalleger & Hall, 2010). This paper will examine how victimization affects each party: the prosecution, the defense , the offender, and the victim in the final stages of sentencing and imposing of sanctions. It will also discuss the sentencing and sanction goals from each perspective. Finally, this student’s victim’s rights ideas will be offered. Prosecution The prosecution has the difficult task of finding the truth even when it is messy and unpleasant. Once a conviction occurs, it then has the burden of seeking sentencing justice, following sentencing guidelines, considering alternative sanctions, and taking the victim’s wishes into consideration. Taking care to note all of these factors, prosecutors must look at the five common goals of a sentence: retribution, deterrence, rehabilitation, restoration, and incapacitation (Schmalleger & Hall, 2014). Under current guidelines, prosecutors have tremendous power in setting the tone for sentencing and can easily increase and decrease the sentences with the evidence presented in sentencing (Spohn, 2002). One task of the prosecution is also assisting...
Words: 1204 - Pages: 5
...that prison does not deter crime, and that non-violent offenders should receive punishment other than prison sentences. I Introduction American jails are overcrowded; in fact, America has a disproportionate number of its citizens behind bars. And the prison population keeps growing. Does prison deter crime, or merely teach young people how to be better criminals? Supporters of harsh jail sentences often cite several arguments as the basis for their belief. These include the idea that jail terms serve as a deterrent to crime; that wrongdoing must be punished, and that a decent society has the right to ensure the safety of its members by incarcerating those who break its laws. This paper supports the following argument: Nonviolent criminals should receive punishments other than jail sentences, and in doing so refutes the beliefs stated above. (The conclusions in the paper are based on life experience and reasoning, not formal references.) II Supporting Points Considering the condition of American jails and whether they function as they should, the following points come to mind. First, the jails are overcrowded, and that in itself leads to problems for inmates and correction officials. Tempers fray, violence erupts, and there is no way in which lesser offenders can stay away from more hardened types. Second, there is no evidence to show that jail sentence deter crime. Third, I believe the recidivism rate is high. Fourth, I think there is truth to the contention that...
Words: 971 - Pages: 4
...Professor James Introduction The United States has one of the highest incarceration rates in the world with a significant portion of those imprisoned are for drug-related crimes. According to the Bureau of Justice Statistics, between 1987 and 1997, the number of drug violations increased 48.2 percent. Drug addiction is an uncontrollable illness that causes its victim to commit all types of crimes to supply the ongoing urge for drugs. In short, this paper will be an attempt to examine this illness and, at the same time, determine which is better for the individual: punishment or treatment. Opposing arguments are that all drug abusers should be locked-up and the key should be thrown away. The initial law enforcements for drugs, even if no other crime has been committed, has been mandatory prison sentences to cover first time offenders, and harsher sentencing for second and third timers. There is no evidence that enacting tougher penalties will deter the drug problem or decrease the number of crimes being committed. For this matter, despite the fact that society considers drug abuse to be a crime; drug addiction is an illness and not a crime. Drug abusers should be punished for committing a crime in a way to help them with treatment to avoid them from relapse and committing the same old crimes over and over again. Definition of Drug Abuse Drug addiction is a compulsive craving for some type of street drug or some type of prescription medication. If a person becomes...
Words: 1142 - Pages: 5
...Punishment versus Rehabilitation AJS/502 March 17, 2012 Punishment versus Rehabilitation For centuries the criminal justice system has struggled with punishment versus rehabilitation. Rehabilitation is the belief in curing a criminal of his or her criminal tendencies. By curing the criminal of his or her tendencies, he or she will one day be cast out back into society and be a contributing member. The idea behind punishment is to deter society while giving the offender his or her just deserts. The criminal justice system is a complex machine that society has designed to rehabilitate the offender while punishing the offender. The question still remains, is punishment or rehabilitation more important, depending on the person will depend on the answer. Deterrence of Crime Deterrence is one primary objective of criminal law. The goal is to discourage members of society from committing criminal acts out of fear of punishment (Farlex, 2008). Facing the criminal justice system can be a powerful deterrent. If an individual breaks a law he or she will be apprehended, convicted, and punished (Farlex, 2008). Many researchers have begun to look at personal choice. “An understanding of personal choice is commonly based in a conception of rationality or rational choice” (Keel, 2005, para 1). Cesare Beccaria and Jeremy Bentham are early classical theorists who analyzed human behavior concepts. “The central points of this theory are: (1) The human being is a rational actor...
Words: 1696 - Pages: 7
...should use the strongest punishment available to deter murder, and that is the death penalty. If murderers are sentenced to death and executed, potential murderers will think twice before killing for fear of losing their own life. For years, criminologists analyzed murder rates to see if they fluctuated with the likelihood of convicted murderers being executed, but the results were inconclusive. Then in 1973 Isaac Ehrlich employed a new kind of analysis which produced results showing that for every inmate who was executed, 7 lives were spared because others were deterred from committing murder. Similar results have been produced by disciples of Ehrlich in follow-up studies. Moreover, even if some studies regarding deterrence are inconclusive, that is only because the death penalty is rarely used and takes years before an execution is actually carried out. Punishments which are swift and sure are the best deterrent. The fact that some states or countries which do not use the death penalty have lower murder rates than jurisdictions which do is not evidence of the failure of deterrence. States with high murder rates would have even higher rates if they did not use the death penalty. Ernest van den Haag, a Professor of Jurisprudence at Fordham University who has studied the question of deterrence closely, wrote: "Even though statistical demonstrations are not conclusive, and perhaps cannot be, capital punishment is likely to deter more than other punishments because people fear death...
Words: 6130 - Pages: 25
...use the strongest punishment available to deter murder, and that is the death penalty. If murderers are sentenced to death and executed, potential murderers will think twice before killing for fear of losing their own life. For years, criminologists analyzed murder rates to see if they fluctuated with the likelihood of convicted murderers being executed, but the results were inconclusive. Then in 1973 Isaac Ehrlich employed a new kind of analysis which produced results showing that for every inmate who was executed, 7 lives were spared because others were deterred from committing murder. Similar results have been produced by disciples of Ehrlich in follow-up studies. Moreover, even if some studies regarding deterrence are inconclusive, that is only because the death penalty is rarely used and takes years before an execution is actually carried out. Punishments which are swift and sure are the best deterrent. The fact that some states or countries which do not use the death penalty have lower murder rates than jurisdictions which do is not evidence of the failure of deterrence. States with high murder rates would have even higher rates if they did not use the death penalty. Ernest van den Haag, a Professor of Jurisprudence at Fordham University who has studied the question of deterrence closely, wrote: "Even though statistical demonstrations are not conclusive, and perhaps cannot be, capital punishment is likely to deter more than other punishments because people...
Words: 6130 - Pages: 25
...that is started when criminal activity is suspected. We will examine how individuals learn how to commit crime and what motivates them to do so. This paper will discuss the steps that are taken once a crime is determine and how the Criminal Justice System is put into place to help solve and come to some type of resolution for the crime. This paper will further discuss the types of deterrence that are placed into society minds to help curve criminal behavior and activity. After reading this paper the reader should have a better understanding on how the Criminal Justice System works and why it is needed help promote a safe environment for our society. In order to understand what crime is we must first look at the definition of what criminal activity is. The term crime comes from a classification of wrongdoing that were established by state or Congress as a felony or misdemeanor, which is committed against a public law. Crime is defined as all deviance involving violating norms, but some norms attract the attention of the authorities. Acts that have been declared illegal by some authority are called crime (Curry, Jiobu, &ump; Schwirian, 1999). Crime develops from the wanting of certain things that attract or bring attention to certain individuals. A subject that is involved in breaking the law or a moral can be considered a criminal suspect according to the law. Crimes can range from violating less serious traffic code, which is basically a breach of a charter that is imposed...
Words: 2699 - Pages: 11
...European colonies. Punishments for criminal behavior tended to be public events which were designed to shame the person and deter others; these included the ducking stool, the pillory, whipping, branding, mutilations and the stocks (woodfin.org 2013). Corporal punishment was inflicted almost exclusively on the lower classes, since the rich were usually able to pay fines instead. At the time the sentence for many other offences was death. Colonialists never considered the possibility of rehabilitation; their aim was to frighten the offender into law abiding behavior. Unlike today where prisons are viewed as instruments of punishment, this has not always been the case. The common jail dates back hundreds of years, but was used solely as a means of detention, a temporary place for the prisoner until acquitted, fined, or subjected to corporal punishment (Schamalleger, F. 2010). Pennsylvania was determined to be different from other colonies. Founder William Penn brought his Quaker values to the new colony, relying on imprisonment with hard labor and fines as the treatment for most crimes, while death remained the penalty only for murder. In 1790 Philadelphia’s Walnut Street Jail became the first prison by the Pennsylvania Quakers. In the Penitentiary Era, which lasted from 1790 to 1825, prisoners were housed in penitentiaries, where they were supposed to do penance and be rehabilitated into productive citizens (Schmalleger, F. 2010). The Quakers hoped to use religious and human...
Words: 3118 - Pages: 13
...also the concept of the prison as a whole institution. I will also go over The community based corrections programs. Maybe one of the more important topics is the violence behind the walls, that is not always mentioned to the public will also be covered in this paper. Then finally, I will go over the concept of parole and probation, along with the role of truth in sentencing. First, we have many types of facilities just in the United States, for example; there is State Facilities which are run by the State Department of Corrections, and each state has many of the facilities. Arizona alone has at least ten of these prisons across Arizona, some states have more and some less. Prisoners in these facilities have violated state laws in some fashion or another. There are also Federal Prisons, which hold prisoners who have violated federal law. There are private prisons that are owned by private companies. In some cases, such as Corrections Corporation of America they will contract with state prisons and take their overloads. In some of these cases, prisoners will be shipped out of their sentencing states for a period of their sentence. We also have military prisons where prisoners of war will be held. There are also psychiatric prisons, where mental prisoners are held. Throughout the nation there are separate facilities for men and women, so that they may be housed Separately for more...
Words: 1246 - Pages: 5
...MODR 1760 Professor Dr. Jason C. Robinson March 31, 2014 Capital punishment is the legal process whereby a person is put to death by the state, as a means of punishment for having committed a capital crime. In this essay, I will discuss some of the main advantages and disadvantages of capital punishment and whether capital punishment is a morally and ethically viable approach to punishment. I hold a firmly retentionist position and believe that the most just and fitting punishment for one who has committed a capital offence would be the death penalty. I will support my position with statistics showing that capital punishment has successfully been used to deter people from committing capital crimes. As well, I will discuss various philosophies regarding the morals of execution and punishment in general. My goal in writing this paper is not to force abolitionist thinkers to change their position with regards to capital punishment, but rather to show abolitionist thinkers that there is another way to look at capital punishment. Two of the main principles that are used to support the retentionist philosophy are deterrence and retributivism. Deterrence is the theory that the death penalty is morally just because it will deter would-be murderers from committing capital crimes, which carry a sentence of execution. Retributivism is the idea that criminals should be punished because they deserve to be punished, a robber must return what he stole while a murderer deserves to be put...
Words: 2523 - Pages: 11
...actions as law enforcement during the detaining of these suspects can result in the difference between their prosecution or release under federal statue. This presentation will also act as a checklist as well as provide additional information that you may need while in the field or throughout the proceedings of this case. Understand that your participation in this case may not be limited to just arresting or the processing of evidence; you may be utilized as a witness, under oath, in front of a federal court of law. Federal Investigation Outline Format for Presentation Process 1.0 Investigation 1.1 Evidence: - It is evidence that leads the prosecutor to believe he has a "Strong case", meaning there is strong evidence that the person or persons have committed the crime. Direct evidence would include a witness who saw the crime happen, video/audio tape of the crime, and statements done by witnesses, of the crime. Circumstantial evidence may come from someone who did not see the crime first-hand; it includes someone's feelings on multiple indicators in the theory of the crime, even though that person did not see the crime take place. 1.2 Decision to Charge: Prosecutors study all information provided by the investigators, and at that time prosecutors decide whether there is enough evidence to charge/indict the case. Once the prosecutor believes that they have a lock tight case, he or she may request a warrant bases off probable cause. The federal law enforcement...
Words: 4401 - Pages: 18
...TINA DINGLE Abstract Today we will be discussing how a defendant is processed through a federal case. This is exceptionally important because your actions or absence of actions as law enforcement during the detaining of these suspects can result in the difference between their prosecution and release under federal statue. This presentation will also act as a checklist as well as provide additional information that you may need while in the field or throughout the proceedings of this case. Understand that your participation in this case may not be limited to just arresting or the processing of evidence; you may be utilized as a witness, under oath, in front of a federal court of law. Federal Investigation Outline Format for Presentation Process 1.0 Investigation 1.1 Evidence: It is evidence that leads the prosecutor to believe he has a "Strong case", meaning there is strong evidence that the person or persons have committed the crime. Direct evidence would include a witness who saw the crime happen, video/audio tape of the crime, and statements done by witnesses, of the crime. Circumstantial evidence may come from someone who did not see the crime first-hand; it includes someone's feelings on multiple indicators in the theory of the crime, even though that person did not see the crime take place (Journalists Guide, 2011). 1.2 Decision to Charge: Prosecutors study all information provided by the investigators, and at that time Prosecutors decide whether there is...
Words: 4648 - Pages: 19
...Margie P. Permenter CJ 606: The Transferring of Juvenile Offenders Commentary Three Dr. Yaschica Williams The most serious juvenile crimes have always been the political Achilles’ heel of the American juvenile court Fagan & Zimring (2000). Even when public opinion is tolerant of juvenile delinquency, the teen killer is the nightmare case for the juvenile justice system. In an age where the phrase juvenile super predator is often heard in the federal congress and state legislatures, the deep-end adolescent offender is a particular threat to public acceptance of the mission and objectives of juvenile justice. It is little wonder, then, that legislation concerning transfer is a near-universal feature of the politics of juvenile justice. The traditionally stated purpose of judicial wavier is to permit individualization of the decision whether a particular person is capable of being rehabilitated in the juvenile system-the amenability decision Fagan & Zimring (2000). In addition, the judicial wavier procedure provides a safety value for the juvenile system to exclude children who commit offenses that are believed to require the imposition of sanction that are beyond the capacity of the juvenile system to provide. Some form of judicial wavier or a substitute safety value is necessary in order to preserve the juvenile justice system politically within the context of modern penological expectations. It is difficult empirically to evaluate the contemporary role of judicial...
Words: 1870 - Pages: 8
