...Problem Definition Assignment Capital Punishment The issues on capital punishment and the problems associated, this policy should always be considered an issue until it is resolved in a just manner. Capital punishment directly violates the ban on cruel and unusual punishment, giving the authority to take the life of another, if for no other reason, than it is discriminatory, or done in a premeditatory fashion. One chief complaint is that capital punishment exacts retribution for crimes that severs as justice to murder victims and their survivors. Another complaint is the inequities that relate to the moratorium on executions, this just states the debate as to the fairness of the policy. According to the American Civil Liberties Union (ACLU), their opposition is that the death penalty in the US is applied in a manner that is unfair towards people, based on money, skills of their attorney, race and where the crimes have taken place. Statistics state that the race of the victim is the biggest factor in determining whether or not a person will be executed. The importance of capital punishment is to answer some direct questions: 1. Does this deter crime? 2. Is this fiscally responsible for the government and taxpayers? Does this somehow fix the deficit? 3. Does this create a better economy? 4. Who does this punishment have the greatest impact on? This paper will cover, checking governmental policies, state and federal in Missouri, other states as a...
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...our society now involving minors and them being tried as adults. The reason behind my choice involves the number of increased crimes that have been committed by minors. There are many opinions about this very topic both for and against minors being tried as adults. Many on the opposing side of this argument feel as if sentencing in adult courts would be Cruel and Unusual punishment for a minor, which in turn is a violation their eighth amendment right. Recent trends in the increase of rape, murder, gang related crimes, and armed robbery have shown that a significant portion of the people involved are between the ages of 12 and 17. Most of the people in this age group have been repeat offenders calling into question are juvenile court and the punishments having an effect? The answer to this is simple… No. Examining both sides of the argument as well as data will not only show this but also enlighten many...
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...Douglas S. Coppin The Effects of Capital Punishments NIC / Executive Leadership June 2013 Evidence-Based Practice in the Criminal Justice System The phrase “because we have always done it that way” universally is no longer acceptable as it pertains to working in many sectors of the work-force, especially within the criminal justice system. Constant financial pressure to streamline budgets, coupled with ever-changing political climates have forced criminal justice organizations to embrace evidence-based concepts and practices. Evidence-based practice is defined as the use of practices that have been scientifically tested and proven effective. In simple terms, doing what works. This has led to drastic changes in various sectors from police operations, probation, sentencing, etc. When examining capital punishment the first question that must be asked is why do we do it? Is it simply a universal response to an atrocious act committed by an offender? If so, then there is no need to look any further. However, thousands of capital offense convictions are handed down annually in the U.S., yet most do not result in death penalty sentences. Therefore the only logical conclusion is that there is much more complexities in play once the state hands down capital punishment. Possible Effects of Capital Punishments at a Glance By and large, capital punishment in the United States is handed down to those offenders that are found guilty of homicide. Although not limited...
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...Even though this amendment applies to the federal government, the due process clause guarantees that a party will receive a fair, orderly, and just judicial proceeding (Cornwell, 2005). The Constitution prohibits all levels of government from unfairly depriving individuals of their Constitutional Rights. Due process was designed to protect the accused against abuses by the federal government. Evidence gathered illegally or unlawfully can not be used in a trial. This method refers to the exclusionary rule. This rule allows evidence that was gathered in violation to the Constitution to be excluded and not permissible in a court of law (Meese, 2009). The Fourth Amendment, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be...
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...Criminal Justice and Society CRJ 201 Melissa King Corrections is most relevant to the Eighth Amendment of the . The Eight Amendment, which states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This prohibiting the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments, including torture. Laws should be applied to persons equally, without discrimination on prohibited grounds, such as gender, nationality, handicap, or age. In criminal cases, fair procedures help to ensure that an accused person will not be subjected to cruel and unusual punishment (http://en.wikipedia.org/w/index.php?title=Eighth_Amendment_to_the_United_States_Constitution&oldid=634211903). One theory that is based on why crime occurs and how corrections use it is the social learning theory. This basically states we are a product of our environment and that crime is learned. For example, if a person grows up in a neighborhood of crime, where his/her parents have a criminal history, it is more than likely he or she will end up committing a crime as well. Going to jail or prison would probably not be an issue for them, because he/she only knows this sort of lifestyle, and probably expected this outcome in their future ( Smith, 2012). Another theory that is based on the cause of crime is conflict theory. This theory is based on the conflict of opposite groups. For example, the poor against...
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...Charles ASA College Research Methods Abstract This project is about Corrections or being employed as a correctional officer. The purpose of this project is to determine whether or not inmates should have rights. When we think of the term “inmates” most of us if not all believe that all their rights should be revoked as a result of them being found guilty. The legal system provides us with the “Innocent until proven guilty” but not in the minds of the outside world. Guilty individuals to the human race is considered to be a castaway with no rights to anything good or positive because they have done wrong and have lost all rights to fairness. On conducting my research for this paper, Inmates as well as you and I have the same rights even more. I found out that more detailed care is given to inmates than they could provide for themselves. Their health and safety comes first, their meals are timely and balanced. Inmates have the right to complain about prison conditions and voice their concerns about the treatment they receive. They also have a right of access to the courts to air these complaints. The main role of incarceration is to serve as a deterrent. The reason being that persons who are caught and penalized for their crimes don’t ever want to return to prison and try to stay away from trouble. Those who have managed to escape punishment will continue to take chances until perhaps they are caught. Another valid reason for punishment or incarceration is to...
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...a positive. I. What is death penalty? A. Methods of execution. B. The history of the death penalty. II. How do you got put on the death row “death penalty” A. What state uses what method? B. What states don’t use any method? III. What do the people think about the death penalty in the U.S.? A. Why are people for the death penalty? B. Why are people against the death penalty? Conclulusion-The death penalty isn’t the right way to go for punishment after a crime it just as worse as the person that committed the crime. Fighting Crime with Murder The death penalty is a common topic and one of the major’s topics today. This research paper as you can already see is about the death penalty and it will show and tell what it is, how it works also how it is wrong because, two wrongs do not make a right even though two negatives make positive. I have learned many of things about the death penalty more than what I expected to learn. I hope by you reading my research paper you will learn how the death penalty isn’t the right way to go just like abortions some people say abortions are right but not the death penalty or the other way around it does not make any sense they both are murdering someone. Yes, the person on the death penalty did something wrong to get there but like I said before two wrongs does not make a right. Make them suffer in the prisons for what they have done instead of dying painless. Also now days you never can tell if that person...
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...Unit 9: Term Paper – Position Paper Introduction One of the most recent controversial issues in the U.S. juvenile justice system today involves the use of juvenile waivers. It is now possible for juveniles under the age of 18 to be transferred to the adult court system under the waiver provision. Even more surprisingly and depending on the jurisdiction, children as young as thirteen can find themselves in the clutches of the adult court system. Once these children enter the adult system, there is a possibility that a myriad of punishments can be received for their crimes. Of these punishments, life without the possibility of parole (LWOP) appears to be the most stringent and the hardest to swallow. According to a Juvenile Life Without Parole Fact Sheet, “A LWOP sentence is the harshest sentence given short of execution. The sentence means that an individual will not be given the opportunity for parole review and is condemned to die in prison” (Citizens for Juvenile Justice, 2008). For some, the idea of having a child spend the rest of their natural lives behind bars for capital and even noncapital crimes can be daunting and unfair. For many young people, they are at the point in their young lives where they are still trying to figure out who they are and they willingly test certain boundaries. Life in prison without parole attempts to snuff out what little life they have just begun to build. However, many would also argue that if you are capable of doing adult crimes and...
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...Probation and Punishment Due Week 10 and worth 250 points In preparation for this assignment, please view the Jurisville scenarios and resulting simulations from Weeks 8 through 10 in the Corrections unit. In the scenarios and resulting simulations, Robert Donovan, a Jurisville probation officer, discusses the intricacies of probation. Kris, the defendant, is offered an intensive supervised probation plan to follow. Brennan Brooke, a senior criminologist, discusses the tailoring of the inmate to the appropriate facility. Finally, Orlando Boyce, a sergeant at the fictional Deephall correctional facility, discusses measures that could conceivably make prison life effective and thus decrease the likelihood of recidivism. Write a three to four (3-4) page paper in which you: 1.Outline your findings from your review of the file of Kris, for whom Robert is considering probation. State whether or not your results from the file review match Robert’s. Explain two (2) instances in which your views and those of Robert are both similar and different. 2.Develop a profile of the so-called perfect candidate to participate in an intensive supervised probation program. The profile should contain at least three (3) attributes that you believe make this defendant the perfect candidate for this type of probation. 3.Defend or critique the strategy of matching the inmate to the correctional facility as a response to the legal concept of cruel and unusual punishment. Provide a rationale...
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...Capital Punishment or as some people refer to it, the death penalty, is the legal process in which an accused is sentenced to death for their crimes. There is a wide range opinions regarding the death penalty and whether it is a cruel and unusual punishment or if justice is better served by means of execution. Currently the total population of state and federal death row is at 3,170 inmates. It has been greatly debated for years whether the death penalty should be enforced. In this paper I will discuss my reasoning as to why I feel the death penalty should be eliminated. Some have argued that capital punishment is a form of cruel and unusual treatment which makes it unacceptable due to the pain and suffering that it causes the condemned individual. An execution is a violent spectacle of official homicide which endorses killing to solve social problems. Governments worldwide have often attempted to justify their lethal fury by insisting that the benefits that these executions would bring to the rest of societies safety. People would argue that a person accused of taking another person’s life should suffer the same pain that they caused not only the deceased but also their family. I would say that it would be reasonable for a person to feel that way but not only does the deceased’s individual’s family have to suffer for the loss but, the accused’s family members must watch their loved one be executed. Just because we sentence someone to death it does not mean that it will bring...
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...to mind. The death penalty is considered by many to be the harshest form of punishment for crimes against society, but is it too harsh? Many would argue that it is cruel and unusual punishment and that it punishes not just the one convicted but also all of those involved. In this paper we will look at not only the one receiving the punishment but also those involved, including the family of the victim, the jurors, the executioner(s), and the family members of the one being convicted and argue that the sociological impact that the death penalty creates is too devastating for its continued use in the United States. “The first established death penalty laws date as far back as the Eighteenth Century B.C. in the Code of King Hammaurabi of Babylon, which codified the death penalty for 25 different crimes. (deathpenaltyinfo.org)” This is where the term “eye for an eye” originated as well as the belief that the crimes punishment must equal the severity of the crime. United States law was heavily influenced by Great Britain due to Britain maintaining primary control of the original 13 colonies. Currently, in the United States, the Death Penalty is mainly used as a form of punishment for first degree murder however some states still use it for acts of treason. Opposition of the Death Penalty began obtaining a foot hold during the Abolitionist movement when Cesare Beccaria's 1767 essay, On Crimes and Punishment, was published. “In the essay, Beccaria theorized that there was no justification...
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...course, troops strength, strategy, and general war plans should be kept from the enemy, the need of informing our own people has been a tight rope that is not easy to balance on for any one person. This was especially true of the “enhanced interrogations” used by the Bush administration at the beginning of the War on Terror. What this paper plans to do is to explain the four greatest players in this policy of enhanced interrogations, what each player brought to the table, and how each player impacted the final policy of the administration. One of the biggest problems of the war on terror has been what to do with the battle field detainees. The questions faced by those in charge were, and are, how to balance the need for timely, accurate information from those that would do us harm, and still follow treaties this country is signed on to and our own law when it comes to interrogation. The 8th Amendment of the constitution reads in whole: Excessive bail shall not be required nor excessive fines imposed, nor cruel and unusual punishments inflicted, (U.S. Const. amend. VIII) This Amendment to our Constitution is the basis for crime and punishment in the United States. It is one of the first places we look when setting up a structure for dealing with imprisonment in the United States. The Constitution, being such an important institutional idea in the United States necessarily means that those who interpret the Constitution, the Judiciary, are huge players in this debate. The...
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...| Death Penalty: | What’s the problem? | | Michael Stender (14354787) | 11/27/2012 | What is the good of killing our inmates if the violence around us continues to grow more and more out of hand? This paper examines a single perspective of societies position on a difficult but necessary evil. | Death Penalty: Why do so many citizens oppose the death penalty? In today’s society the rate of crime, specifically those that involve crimes which can be tried as a capital punishment cases, continue to increase; domestic killings, predatory crimes against children and innocent victim crimes have all continued to rise; Meanwhile the public’s belief and support in our justice systems ultimate punishment continue to fall. The death penalty although looked at as cruel or inhumane by some, can be viewed as a necessary evil. Society as a whole must feel that our system of laws is protecting us. Locking up non-violent and common criminals and attempting to rehabilitate in order to join society is a continuing effort and with some success. However, most studies have found that an increasing number of prisoners today are repeat offenders with sentences for more violent crimes. A study recently done found that 56% of violent felons are repeat offenders and 61% of all felons are repeat offenders. The study also found that most are being punished outside the walls of prison due to their criminal past. After the inmate is released he’s sent back out to society...
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...interested in the case. Without significant provision over the authority when exercising police discretion, they can arrest Americans for nonviolent drug charges with relative ease. The Supreme Court lets them do it by, and I quote, “eviscerating Fourth Amendment protections against unreasonable searches and seizures by the police.” Due to this, people are outright saying that there is a “virtual drug exception” in the Bill of Rights. What this means is that the Supreme Court is creating and abusing a section of the Bill of Rights that does not legally exist. Law does not restrict the police when it comes to the War on Drugs. The Fourth Amendment The Fourth Amendment is, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation,...
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...IS THE DEATH PENALTY Is the death penalty the right form of punishment for crimes such as murder? 1 IS THE DEATH PENALTY Is the death penalty the right form of punishment for crimes such as murder? 2 During this paper you will hear supporting and opposing arguments for the death penalty when a murder charge is sought. You will hear information on the trial, the families, and the way it affects the jury. The death penalty has long been an ongoing debate. There are numerous reasons to be pro-death penalty, as well as, con-death penalty. When is the death penalty appropriate? What types of crimes should be considered for the death penalty? Throughout the course of this paper were going to look at the pros and cons of the death penalty when dealing with murder charges. We’ll discuss the money that goes into a trial and sentence of an inmate on death row, weather the death penalty actually gives the family a sense of justice, as well as, weather the death penalty is the right punishment for murder. We will also look at if the death penalty is the only answer for murder and weather the evidence and information given to the jury plays apart in the way they vote. The death penalty can mean many different things to many different people. Many people think that if you take a life you should have yours taken away. The question there, is it really effective? Taking the life of someone else isn’t going to bring the dead back, but allowing them to sit in jail gives them many...
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