...Three Strikes Law The majority of crime control policies have positive intentions at first of reducing crime but many, if not all, fall short in making an effective and lasting change among crime rates. One of the largest shortfalls in policy creation and most popular idea in mandatory sentencing can be observed with the set of laws referred too as “three Strikes and you’re out” laws. The Three Strikes law is a statute regulated by state courts that imposes harsher penalties to repeat offenders within the criminal justice system. The commonly referred name of “Three Strikes” is taken from the game of baseball and the idea that after a batters third chance of swinging at a pitch, he is considered out of chances to bat. This analogy of a game is now being applied to determining sentencing of habitual offenders. In the majority of states who impose this type of law, strikes are considered previous felony convictions and after a persons third strike, or third felony conviction, they then fall under a mandatory 25 to life sentence. Being convicted of life in prison gives very little chance of probation. This costs the convicted their lives in prison, their family abandonment and the taxpayers millions of dollars every year. The first of these habitual offender laws was enacted in 1993 by the state of Washington called the Persistent offender Accountability Act and then in 1994 by the state of California with 22 other states in the following years. These Three strike laws vary widely...
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...Case Study #1 John decides to do some target practice with his new .22-caliber pistol in front of his house on Christmas morning in a residential neighborhood. John has never owned or handled a pistol before. There are children playing in the street, but John is determined to test his new weapon. He fires once at the tire of a passing car and misses. The bullet strikes and kills a child playing across the street. The Prosecutor files murder charges against John. Murder charges against John are not the proper offense to charge in this case. The proper offense to be charged would be involuntary manslaughter. Involuntary manslaughter refers to an unintentional killing that results from recklessness or criminal negligence, or from an unlawful act that is a misdemeanor or low-level felony (FindLaw). The crime John committed is one in which the victims’ death was unintended. All the elements to be convicted for involuntary manslaughter were met. There are three elements that must be satisfied in order for someone to be found guilty of involuntary manslaughter: (1) Someone was killed as a result of an act by the defendant (2) The Act either was inherently dangerous to others or done with reckless disregard for human life (3) The defendant knew or should have known his or her conduct was a threat to the lives of others (FindLaw). Involuntary manslaughter covers situations in which the defendant has caused death but does not satisfy the mens rea requirements of murder; it...
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...THE ARGUMENT FOR A CONSTITUTIONAL RIGHT TO REPRESENTATION AT BAIL HEARINGS IN ALL CRIMINAL CASES IN STATE COURT The right to legal representation is generally accepted in the United States as a Constitutional right guaranteed to everyone. The Supreme Court promised the right to counsel to “ any person haled into court” in the infamous Gideon v Wainwright case. This case was instrumental in advancing the rights of indigent defendants through its proclamation that the Sixth Amendment right to counsel in criminal proceedings should also apply to State Courts. However, Gideon’s promise to counsel has yet to completely guarantee equal access to justice when first appearing at judicial proceedings in state courts. Although defendants who can afford lawyers will usually hire one from the onset of a criminal proceeding, the right to counsel for indigent defendants (i.e. a state-provided attorney) is interpreted as attaching at varying stages of a prosecution in different states. Only eight states guarantee indigent defendants the right to legal counsel at the initial bail hearing. Representation at the initial bail hearing is critical as a lawyer’s intervention is crucial for obtaining a defendant’s release and for protecting a defendant’s due process right (guaranteed in the Fourteenth amendment) against an unreasonable denial of liberty during pretrial detention. The lack of counsel in pretrial proceedings can result in numerous consequences; some include a high number of pleas...
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...Introduction to Criminal Justice 100-105 Case Study Research Paper DRUG DISTRIBUTION March 09 2014 Introduction In today’s world many people are convicted for lots of different crimes and face the consequences for those crimes. For example, Unless a longer term of imprisonment or death is the prescribed penalty and notwithstanding any provision that establishes a shorter term of imprisonment, a person who has been convicted of committing or attempting or conspiring to commit any violent or aggravated felony and who has previously been convicted on separate occasions of two or more violent or aggravated felonies not committed on the same occasion shall be sentenced to imprisonment for life and is not eligible for suspension of sentence, probation, pardon or release on any basis except that the person may be eligible for commutation after the person has served at least thirty-five years. Also a person convicted of a first or second offense for the personal possession or use of a controlled substance must be placed on probation unless the person is also convicted of a violent offense. Incarceration may not be imposed as an initial condition of probation for a first offense. If a person convicted of a first offense is found to be in violation of probation or an act in violation of an order of the court related to drug treatment, the person may be incarcerated upon reinstatement of probation. Participation in an appropriate...
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...Ashley Mayes Criminal Law Essay 3 23 February 2014 Ashley Mayes Criminal Law Essay 3 23 February 2014 Crimes against Property: Larceny Crimes against Property: Larceny Crime against property means a crime that destroys or deprives an owner of property against the owner's will. These crimes are considered less serious than violent crimes, or crimes against persons. Crimes against property are not as obvious as they sound. Although they deal with damage or theft of physical property, sometimes they also involve harm or threat to individuals. When people are involved, the penalties for crimes against property can increase a great deal. The crime I am going to specifically talk about is larceny. I will discuss the physical properties of it, the statutes in the state of Ohio, and the common law definition of larceny. Larceny is a crime against property, and is a form of theft. It is the” unlawful taking, and carrying away of another’s tangible personal property with intent to deprive the rightful owner of the same. “It is also considered a crime against possession. The taking element requires that the offender take actual physical control of the property without the consent of the owner. If the offender merely deprives the victim of possession, it is not larceny. The offender must have gained control over the property and that control must be complete. The offender must have taken the property with the intent to steal it. And the intention required is one intended...
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... Detained The officer will have several choices as how to handle the situation. First the officer would need to determine if the situation is serious enough to take Collen directly to the Juvenile Center intake unit. The officer could also decide to write a citation and make Collen, and her aunt sign a promise to see a probation officer at the Juvenile Center. In this case with Colleen M. the officer took Colleen to the Juvenile Center intake unit and asked that charges be filed since the situation was serious with the death of a neighbor. The officer will have several choices as how to handle the situation. First the officer would need to determine if the situation is serious enough to take Colleen directly to the Juvenile Center intake unit, or if writing a citation. Colleen and her aunt would sign a promise to see a probation officer at the Juvenile Center. The officer needs to investigate then to receive the evidence and facts to determine if the death was caused by Colleen acting in a reckless or criminal negligence. Or if Colleen had not simply thrown what she believed to be water in a bucket on the neighbor in an effort to douse the fire of the scarecrow as she stated. Petition Once the probation officer gave the suggestion for charges of manslaughter, the DA filed a petition. The petition has information on Colleen M. such as her name, age, her current address. The code that details what section that Colleen...
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...| |Evaluating the effectiveness of three strikes laws around the country. | | | |Harriet Krzykowski | |5/25/2009 | | The purpose of this paper is to discuss, evaluate and examine the preceding events and passage of three strikes laws in many of the country’s| |states, and the effectiveness of these laws. | In 1992, shortly following the murder of his 18-year-old daughter, Kimber, Fresno photographer Mike Reynolds drafted a law that would impose mandatory sentences for repeat offenders. It was proposed as both a legislative measure and a ballot initiative, but neither made much headway at first. According to Reynolds, legislatures “laughed it off” when he first brought up the measure to them. Then, in October of 1993, 12-year-old Polly Klaas was kidnapped, molested, and murdered by Richard Allen Davis, a repeat sex offender with a long record of criminal convictions. He was on parole at the time. ...
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...In this paper, I will be going over the following case study. I will be doing this from my personal perspective and experiences as a law enforcement officer, and based off of my common knowledge. “John Doe is an individual who left his country in an effort to make a better life. However, he does not have legal status in America and was recently arrested for shoplifting merchandise, which was valued over $1,000. At the time of his arrest, John voluntarily began to make incriminating statements to the arresting officers. At the police station, detectives conducted an interview of John asking him about the theft. John Doe has had no prior arrests, is 35 years old, and most of John Doe’s family still resides in his home country. Due to...
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...Murder: And all its forms Throughout the criminal justice system, news, and in many other situations the term “murder” is used quite frequently however usually incorrectly. Some people say animals or even trees get murdered, but under the law it is not murder unless a human takes the life of another human. Homicide is a lawful term for any killing of a human being by another human being. Homicide itself is not automatically a crime, some homicides are legal, such as the justifiable killing of a suspect by the police or a killing in self-defense. Unlawful homicides are classified as crimes like murder and manslaughter. This paper will explain the important but often overlooked distinctions between murder and manslaughter, and the different variations of both crimes. When we look at “murder” we must also look at the different degrees of murder which are a reflection of the intent or severity of a certain murder charge. The most common degrees of murder are 1st degree murder and 2nd degree murder and in some cases what we call “capital murder”. Regardless of the label on the degree of the murder committed, the general idea is to increase the punishment with the degree. The more inhumane the killing is, or the motive associated behind the killing, then the greater the punishment and degree is for the murder. We must first understand what murder is: Murder is the killing of one human by another that is intentional, unlawful, and done with “malice aforethought” or in other words...
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...lawfirms.com/resources/criminal-defense/drug-possession/drug-possession-an-overview.htm Topic: Are the current mandatory sentences for possession of illegal substances reasonable? Possession of illegal drugs is a crime with severe penalties in both the state and federal level. Possession of illegal substances garners harsher penalties than other heinous crimes like rape and murder. The typical felony drug possession sentence may be one-to-three years in prison. Simple possession of one specific illegal drug may mandate automatic incarceration, which is very unreasonable. While most Americans are for mandatory drug sentencing, the current sentence for the possessions of illegal substances are not reasonable compared to harsher crimes. The severity of drug possession penalties depends on various factors including quantity, type of drug, intent, age of the offender, and location of the crime, among other factors. For example, simple possession of an ounce of marijuana discovered in your car is a misdemeanor and will not have as severe a penalty as felony possession of five pounds of cocaine with intent to distribute near a public school. Penalties are proportionate to the crime and related mitigating factors. According to the Center for Strategic and International Studies (CSIS), an estimated 14,000 people die every year due to illegal drugs and thousands more die due to criminal activities related to illegal drug possession. Therefore, federal and state laws have determined that...
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...example drug and/or alcohol related crimes have been implicated in violent crimes, instances of domestic violence, child abuse and neglect cases. Therefore, drug court has come in to offer people arrested for substances abuse related crimes and opportunity to receive community-based treatment with judicial supervision to avoid potential incarceration. For this reason drug court has changed people’s lives in a variety of ways, which are often overlooked, are the positive impact on families and society. Overall, substance abuse offenders have a recurring problem for the criminal justice system as a result drug courts are an important strategy to reduce incarceration, provide drug treatment and reduce recidivism among nonviolent offenders. Another key point is research study by the National Institute of Justice in 2009 called the Multi-Site Adult Drug Court Evaluation confirmed that Drug Courts reduced crime and substance abuse, improved family relationships, and also increasing employment and school enrollment. (Marlowe, 2010) Another key point is drug courts have affected the offender’s criminal behavior and substance use with mandated drug and alcohol treatment. Henceforth drug courts has been a popular diversion program for drug offenders since it’s began in Dade County Florida in 1989. Overview Drug courts represent the criminal justice approach to ensure public safety through close supervision and delivered by community-based treatment. Under the circumstances the state...
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...all states should provide the best rehabilitation for people who are too young to bear criminal responsibility for their actions (US Dept. of Justice, 1974). The Virginia Department of Juvenile Justice has a set values statement, which determines the attitude to juveniles in criminal justice and respectful treatment provided by law enforcement officers to them. Juveniles in criminal justice are Virginia are treated as a specific group and have extended rights compared to adult offenders. Juveniles have their correctional centers and detention facilities, but the maximum sentence there cannot be too long because Virginia has not enough bed spaces to detain all juveniles who have problems with the law. The values of knowledge, respect and effective communication are realized in addressing juvenile cases in the court. Juvenile court is represented by Juvenile and Domestic Relations District courts in Virginia. However, there are certain cases when juvenile offenders can be tried in criminal court. According to Powers (2009), previously juvenile cases were heard in juvenile courts only. It was extremely difficult to transfer the case of juvenile offender (even the most violent) to the adult court. The latest US tendencies show that all states are trying to make the process of transfer easier. They apply several strategies to achieve this goal. First of all, lowering of the age of criminal responsibility allows them access to involved juveniles to adult...
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...discriminates against criminals will have a disparate racial impact, employers must show a business necessity before automatically disqualifying criminals. Employment Discrimination Toward Felons In today’s society we have over 12 million felons in our employment epidemic. Where do we draw the line when it comes to our economy, our fellow Americans living and job opportunities for those who have criminal backgrounds wanting to make positive changes in their lives? Do we continue to use a past life against the possibility of change and let them suffer because of the choices made or do we give that chance of a life time and let them transition into a more positive life? How do we determine who is fit for employment today?, we the people of today’s workforce should be helping those ex-felons or one’s with a criminal background to transition without judgment giving them a chance to make better choices without falling back into their old habits of criminal activities. According to one estimate there are currently 12 million felons in the United States, which cannot even apply for simple jobs nor certain licenses in many states, as of 1998, seven states absolutely barred felons from public employment. (Thompson and Manza 2000). Other states had more narrow restrictions, for instance, only covering infamous crimes or felonies involving moral turpitude. Some laws have been criticized for being over inclusive;(Ben Geiger July 2006) for instance, a law banning all criminals from working...
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...Running Head: Effectiveness of Juvenile Correctional Facilities Effectiveness of Juvenile Correctional Facilities: Juvenile Crime Kalah Jiggetts Criminal Justice Abstract This paper uses data on juvenile offenders released from correctional facilities in Florida to explore the effects of facility management type (private for-profit, private nonprofit, public state-operated, and public county-operated) on recidivism outcomes and costs. The data provide detailed information on individual characteristics, criminal and correctional histories, judge-assigned restrictiveness levels, and home zip codes—allowing us to control for the non-random assignment of individuals to facilities far better than any previous study. Relative to all other management types, for-profit management leads to a statistically significant increase in recidivism, but, relative to nonprofit and state-operated facilities, for-profit facilities operate at a lower cost to the government per comparable individual released. Cost- benefit analysis implies that the short-run savings offered by for-profit over nonprofit management are negated in the long run due to increased recidivism rates, even if one measures the benefits of reducing criminal activity as only the avoided costs of additional confinement. Since its beginnings in the mid-1980s, prison privatization in the United States has provoked several rounds of congressional hearings and hundreds of articles...
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...Time for Legalization of Marijuana Jane doe University of Phoenix Time for Legalization of Marijuana Since the early 1970's marijuana legalization has been an issue for debate (Rawson, 2012). Those who do not want it legalized argue that it would increase its use, but the benefits of legalization are hard to ignore. Some of the benefits legalization would bring are: legalization would stimulate the economy, the criminal court system would be free for more important cases, and users and sellers would no longer have to carry the stigma of a criminal conviction for the rest of their lives; any one of these things would help any one of us. The fact is that even if someone does not use marijuana they should reexamine their stance on the issue, and see that everyone can benefit from legalization. To examine this issue thoroughly everyone should know the history of marijuana prohibition in the United States. Although most states had local laws prohibiting marijuana use and possession, it was not until 1937 that the federal government passed the 1937 Marijuana Tax Act. The act itself did not criminalize the possession or usage of marijuana but instead levied a tax of approximately one dollar on anyone who dealt commercially in marijuana. The penalty provisions for violators of the proper procedures could result in a fine of up to $2000 and five years' imprisonment. The intended result of the 1937 Marijuana Tax Act was to effectively make it too risky for anyone to deal in...
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