...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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...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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...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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...Why is the Incarceration Rate in the US so high? The United States has about 300 million residents, about 5 percent of the total world’s population, but the prisons in the United States account for 25 percent of the world’s inmates. This statistic gives the United States the highest incarceration rate in the world with 743 of every 100,000 people behind bars (Levin 2013). On the other hand, Canada, our northern neighbor only has 113 per 100,000 of its citizens in prison (Levin 2013). So the question is, what really is behind the high incarceration rate in the United States? The difference is substantial and cannot be ignored; the incarceration rate in the U.S. is nearly 6.5 times larger. This is a staggering statistic and begins to raise some valid concerns, could it be that the United States court system is structured in a way that unfairly treats criminals? Or could it be that people in the United States just commit more crimes per capita than the rest of the world? The latter doesn’t seem like a plausible 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...
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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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...Within the prison system there are various key issues that surrounded the operations of the daily activities as well as the administration of the judicial system. Some of these key such as prison violence, prison rape and the drug policy issues are negative and does affect the prison. On the issue of prison violence, over the years, prison violence has been on the rise. This has causes major changes within the prions system, such as implementing strategies to control the prisoners and their criminal behaviors. Prison rape also has continues to rise. This issue has been will probably continue to exist. This is because the prison officials have yet to be able to control this kind of activity. Another issue that has been affects the prison system is the sentencing that are being handed out for drug charges. This has cause the prisons to be overcrowded. Prison Violence on the Rise Prison violence is on the rise, many prison conditions are a recipe for violence, by being overcrowded, understaffed, insufficient staff training, excessive solitary confinement, insecure facilities, mistreatment of mentally ill inmates, policies that weaken family ties, a culture of disrespect between staff and prisoners, and little accountability for wardens. These facilities are causing concern not only for inmates but, for those employed to supervise the convicted offenders. Inmate population continue to grow, staffing levels in most facilities either have stopped or decreased. Violence has increased...
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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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...As time changes so does the laws for the United States and a critical debate the supreme court has to face. By abolishing mandatory life in prison for juveniles who commit serious degree murder. Now these are reasons why I agree with abolishing this system of juveniles life sentences without parole. I believe these youngadolescents commit crimes because of their environment, the tech/media and the brain not being fully developed. Totally agree with the majority of supreme Court to abolish mandatory life in prison for juveniles who commit murder. The reason why is because many of these young adolescents struggle with life while growing up through their early teenage years. Their actions are what clearly signifies the consequences they commit....
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...Is the death Penalty is a Fair Punishment Capital Punishment is Justifiable Killing Genine Jackson Philosophy 210 August 21, 2013 Dr. N Hooper-Simanaga THE DEATH PENALTY IS AFAIR PUNISHMENT CAPITAL PUNISHMENT IS JUSTIFIABLE KILLING Do believe in and eye for an eye, should a person should be giving a life sentence for selling drugs, is there a big different between giving a person life in prison without the possibility of parole, or the death sentence? Do you think a person should be killed for killing one person, if killing is wrong how can execution be right? Do you think it is cheaper to keep a man in prison for forty years or to be executed? Do you think the death penalty is a fair punishment, is capital punishment justifiable killing? What would you do if you a got a phone call on the night before Thanksgiving: (You) Hello, (Caller) I need you to come to Rainbow South Apartment on Columbus Drive NOW!!!!!! (You) What’s going on; I am trying to cook, (Caller) Don’t ask me any question right now, I just need you to get here now! Then you notice that the caller voice did not sound right, so with any more hesitation you get in your car and go to Rainbow South Apartments. Not knowing where in the complex to go you drive in and on instinct you make a right turn and Oh my God you see all these police light and what appears to be three bodies on the ground. Now you start to get nervous because you do not see the person who call you in the...
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...system has an obligation to impose fair sentences. The United States Sentencing Commission is the result of the Sentencing Reform Act of 1984 that had laws created to ensure that sentencing was fair from state to state, and a judge provided proof of that sentencing was indeed black and white. To eliminate the possibility of being unjust, the government became involved in creating guidelines on the punishment that was rendered based on the type or types of crimes an individual committed. Sentencing guidelines were imposed to set the terms that would fit the crime some of the sentencing may be a payment of a fine, community service, incarceration, the death penalty, and or probation and parole. Throughout the years there has been a concentrated effort to standardize the sentencing especially in felony offenses, and to diminish judicial discretion in sentencing. Due to this there is a perception by lawmakers and the public that arbitrary or discriminatory practice with fair and just sentencing in certain cases and or crimes. “The Federal Government and 16 States have implemented presumptive or voluntary/advisory sentencing guidelines. Each of these states has established guidelines for different purposes and most of them were asked to meet multiple goals, including punishment, deterrence, incapacitation, and rehabilitation. The biggest impact on the sentencing guidelines are the mandatory prison sentences that carry an array of offenses, including...
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...Should juveniles who commit first or second- degree murder receive a mandatory sentence of life without parole? That is a question that many people are asking themselves. This is a very debatable question due to the fact that if a juvenile does change, then he/she wouldn't have a chance at a new life because of the life sentence. I believe they should be granted a second chance, but if they take that second chance for granted, then they should be sentenced to life without parole. On the other hand, there has been cases where a teen who was sentenced to life got a second chance, but decided to take it for granted for being immature and emotionally unstable. Many teens make reckless decisions while growing up, some don't know better but others do. Where I stand in this situation is that juveniles should not be sentenced to mandatory life sentences without parole. Not many...
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...America has the highest incarceration rate, and the War on Drugs is to blame. In 1971, President Nixon declared a “War on Drugs” following a rise in popularity of recreational use of illicit substances. He largely increased the size of federal drug control agencies, in addition to putting in place mandatory minimum sentences. The amount of people in prison for nonviolent drug offenses increased from 50,000 in 1980 to over 400,000 by 1997 (A Brief History of the Drug War). Moreover, when we look at the demographics of our prisons, there is a large discrepancy. Thus, we are begged with the question: Why are our prisons disproportionately filled with brown-skinned people? The institutionalized racism that...
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...quotation marks or citing the author or source’s name somewhere in the body paragraph. Body paragraphs for Rhetorical Analysis: Body paragraph 1 and 2 should include a topic sentence followed by a piece of evidence, in this case, a cited quote. After inserting the piece of evidence, you should explain what rhetorical strategy or technique the author uses in that specific example....
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...Mandatory Audit Rotation Introduction In 2002, Enron became the largest case of fraud in history. It caused it investors to lose sixty billion dollars, two million two hundred thousand in pension plans, and five thousand six hundred jobs (Enron Sentences Will Be Tied to Investor Losses). This all could have been avoided if public companies were forced to changed independent auditors every five years. Throughout this paper, I will be talking about mandatory audit rotation and why I think it is a great idea. First I will talk about the Sarbanes Oxley act and what it requires when it comes to partner rotation. It is important to know what the current rules and requirements are before we discuss how they should be changed. The next item I will discuss is auditor independence and how it is affected by audit rotation. After I talk about the current rules and independence, I will discuss the advantages and disadvantages of mandatory audit rotation. Sarbanes-Oxley Act In 2002, President George W. Bush signed the Sarbanes-Oxley Act of 2002 to protect investors from the possibility of fraudulent activities by corporations. This act was aimed to improve financial statements of corporations and prevent fraud. In section 203 of the Sarbanes-Oxley Act, it gives the requirements of partner rotation. “The new rules provide that an accounting firm will not be independent if either the lead audit partner or the concurring partner performs audit services for more than five consecutive...
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...Racial Disparities in America’s Judicial System The mandatory imprisonment policies written for the judicial system are creating disparity of minority inmate population primarily due to non-violent drug crimes and the unjust mandatory minimum sentencing laws. America’s prisons are the most populated in the world, and they are disproportionately populated by minorities due to the set of mandatory imprisonment policies set in place. Over the past five decades, the disparity between races has widened dramatically according to the National Center on Institutions. In the 1950’s, blacks and Hispanics were the minorities in the prison system, whereas today whites are. Is this due to poverty? I’m sure poverty plays a big role in most cases. Robert Woodson Jr., president of the National Center for Neighborhood Enterprise said the reason young men engage in criminal activity is not just for money, it is to make a name for themselves, to have some expression of worth, even if the expression is self-destructive. Crack cocaine hit the streets in the early 1980’s, infesting the lower income areas. It’s a cheap drug compared to cocaine and easier to come by than some of the higher priced drugs. Is this considered racial disparity? The Sentencing Project in 2007 states that two-thirds of the regular crack users are white and Latino, 82 percent of defendants sentenced in federal court for crack offences are African-American. Criminologist William Chambliss suggest that blacks are more...
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