...Sentencing Proposal Criminal Law CJA 354 August 16, 2012 Sentencing Proposal State of Arizona v. Stu Dents Defense proposal Our client, Stu Dents, is thirty-nine years of age. He served in the United States Army during Operation Desert Storm and was, until 2008, a member of the National Guard, where he was honorably discharged. Until recently he was a hard working and reliable individual. He has had no significant previous criminal history and held a full-time job, until approximately six months before the unfortunate death of the victim. The defendant came home from Desert Storm with many issues, not the least of which was a drug habit, which he successfully stopped taking for a long period of time. He lived with his elderly aunt for the past several years, helping her financially as well as being a companion to her until moving into his own apartment after she was admitted to a nursing facility, about fourteen months before the downward spiral of his mental health and the death of the victim. Approximately 8 months before the tragic death of Ms. Opee, the defendant began doing ecstasy with the victim. They were both caught with a small amount of drugs on them at one point and both were convicted of a minor drug charge. As part of a plea deal Ms. Opee was sentenced to a mandatory rehab treatment facility. His parents have suffered through the pain of watching their only son go from being a loving, vibrant, and energetic young man to the individual now...
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...Sentencing Proposal (Preparation) There are many different types of homicide, which makes it difficult to have just one sentence or sanction. In Louisiana there are five types of homicides: First degree murder, second degree murder, manslaughter, negligent homicide, and vehicular homicide. As far for first degree murder, this type of homicide should carry the heaviest sentence with life imprisonment without the possibility of probation or parole. Second degree murder, should carry 40 years to life imprisonment, without the possibility of probation or parole. Manslaughter should carry 20 to 40 years in prison with the possibility of parole after serving half of the sentence. Negligent homicide should carry a sentence of a fine of $10,000 and up to 20 years in prison. Last, Vehicular homicide should carry a fine of $10,000 and up to 10 years in prison. Kidnapping laws and punishment differ all across the United States of America. Some states carry very harsh punishments such as life in prison depending on the circumstances surrounding the kidnapping. Depending on the elements of the crime in this case Mr. Dents can be charged with either simple kidnapping or aggravated kidnapping. In the case State v. Stu Dents, Mr. Dents restrained the victim Uma Opee , her legs and arms were bound with rope also stuffing her mouth with a cloth he stabbed the victim 13 times, and evidence shows that a struggle took place in her apartment prior to her being removed. The victim was forcibly...
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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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...discusses the mandatory minimum sentencing laws for drug related crimes which were adopted in the 1980’s and 1990’s. Monahan highlights some of the major problems with minimum sentencing laws related to drug crimes. The article relates to the core of the issue by recent research and opinions of government officials who support this view. He finds this opinion strongly supported by people in the legal field and some government officials as well, however the article is also of interest to those effected by or with some interest to mandatory minimum sentencing. Many critics find the laws to be unfair for various reasons. The laws target minorities, take discretion away from judges and put it in the hands of police and prosecutors who misuse this discretion and apply punishments that do not fit the crime committed. Senator Cynthia S Creem, D-Newton has sponsored a bill that would allow inmates to be considered for parole after serving two thirds of their sentence. However this proposal was rejected outright by Lt Gov. Kerry Healey. Rep. Anne Paulsen also proposed to make the law even stricter by adding time to their sentence for those who commit drug offenses nearby a school. The article concludes with Chief Justice Mulligan maintaining the law is a problem because it disproportionately targets minorities. In conclusion Monahan has taken advantage of some useful data and opinions of government officials to scrutinize mandatory minimum sentencing related to drug crimes. Monahan...
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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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...Miller v. Alabama CJA/354 Miller v. Alabama The United States Supreme Court consists of eight associate justices and one chief justice who are petitioned more than 5,000 times a year to hear various cases (Before the Court in Miller V. Alabama, 2012). At its discretion, the Supreme Court selects which cases they choose to review. Some of the selected cases began in the state court system and others began in the federal court system. On June 25, 2012 the justices of the Supreme Court weighed in on the constitutionality of life without parole for juvenile offenders. The case was Miller v. Alabama and actually included another case, Jackson v Hobbs, as well (2012). Both were criminal cases involving 14 year old boys who were convicted of murder and sentenced to a mandatory sentence of life without parole (2012). In 2009, juvenile courts in the United States handled an estimated 1.5 million delinquency cases that involved juveniles charged with criminal law violations (Knoll & Sickmund, (2012). What made Miller and Jackson so special that the Supreme Court chose to hear the case was their age and the mandatory minimum sentence each of them received at the lower level jurisdictional court. To highlight the significance, a review of the two respective cases is necessary. Additionally, after reading this paper the reader will have a better understanding of what accomplice liability and criminal liability are, and the differences between the various elements of crime, and...
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...PRINCIPLES OF SENTENCING: TOWARDS A EUROPEAN CONVERSATION Paper delivered at Conference on “The Limits of the Criminal Law” at Leiden University, January 23, 2008 and subsequently published in Cupido (ed), Limits of Criminal Law (Nijmegen, 2008).[1] Tom O’Malley Senior Lecturer in Law National University of Ireland Galway First, I would like to extend my warmest congratulations to the students of Leiden Law School for having organised this conference. Thanks to their vision and energy, representatives from several European countries have gathered in this historic venue to discuss some key aspects of criminal law and criminal procedure. More often than not, we think of European law solely in terms of European Union law, the jurisprudence of the European Court of Human Rights or both. Needless to say, the study of European law even in this limited sense is of the highest importance given its impact on our national legal systems and our daily lives. However, growing levels of legal and political integration now demand that we broaden our vision of European law to encompass the domestic legal systems of individual European states. Some work has already begun in this regard,[2] but it is only on rare occasions such as this that we can engage in a meaningful exchange of ideas and information on areas of common concern. Criminal justice is a most appropriate and worthy topic with which to begin. In times past, sentencing would not have featured very prominently...
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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 frequently...
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...Solution to Overcrowded Prisons CJA/454 September 9, 2013 Professor The war on drugs has increased the prison population of correctional institutions in every state in America. The war on drugs was declared by President Nixon in 1971. This policy that his administration implemented was part of a Comprehensive Drug Abuse Prevention and Control Act of 1970. Some agree and others disagree with the war on drugs. What we all can agree on, is that prisons have swelled to all-time highs due to the war on drugs campaign. I believe there are many workable solutions that can decrease the prison population in America. First, replace mandatory sentencing laws with more flexible and individualized guidelines. Second, reduce the three strike laws for nonviolent offenders. Third, relax the Truth-in-Sentencing Laws. Last, support community policing efforts. In 1986 Congress passed the anti-drug abuse at which was well intentioned established 5 to 10 year mandatory sentence is for drugs importation and distribution. A couple of years later President Reagan signed the Omnibus Anti-Drug Abuse Act granting the federal government authority to penalize all conspirators and drug related crimes regardless of their role. Believe it or not, most people locked up in the federal system are serving time for conspiracy charges due to drug distribution although nothing was found. By removing minimum mandatory sentences and replacing them with other guidelines, you give the judges more discretion...
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...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 in the prisons...
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...United States Prison System: The War on Drugs The United States of America is no longer the home of the free. It is the home of the locked up and caged. How can this nation embrace the concept of freedom when over 2.4 million of its citizens are locked up in prison? How can Americans have the nerve to utter the words, “racial equality” when over 10% of all African-American men is incarcerated? How can we take pride in a nation that locks up its citizens that suffer from the disease of addiction? This should be an embarrassment to all Americans. The criminal justice system must be reformed and surrender the “War on Drugs.” According to the June 2008 Bureau of Justice Summary, Americans make up only four and a half percent of the world’s population yet boasts twenty-two percent of the world’s incarcerated population. According to the same report, the American Criminal Justice System imprisons six times more of its population than other free nations such as Canada, Australia, Germany, Spain, and Italy. America incarcerates ten times more of its population than Japan, France, and Finland. We have the highest rate of incarceration in the world, much higher than China, Russia, Iran, Cuba, and North Korea whom we consider fascias police states. The 2009 statistics reported in the Prison Index showed that one third of African-American men will serve time in prison at some point in their life. The Bureau of Justice statistics reported, “The number of inmates in...
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...What are the most important ethical dilemmas. problems, and/or controversies in punishment that we face in today's justice system? Address a minimum of three. Furthermore, what can to done to draw attention to these issues? What are some possible solutions and/or policy implications that can address the ethical dilemmas/problems/controversies you selected? Lastly, in your opinion, why are these issues more "important" that others that we covered this semester? The 1970s War on Drugs is one of the most important ethical issues that we face in today’s justice system. The War on Drugs is more important than others because it has many negative trickling effects from the shift to punitive policies. The War on Drugs has made America the leader in incarceration rates (Banks 2005:114). These high incarceration rates within America have also led to overcrowding, racial bias, increase in women in prison, and many other negative effects. The public does need to be educated on the negative effects from the War on Drugs in order to push for change in our punitive policies for non-violent drug offenders. In order to change these negative effects, America needs to get rid of mandatory minimums and the three strikes laws. These laws are placing many non-violent drug offenders in prison. These offenders are in need of substance abuse treatment in order to stop the vicious recidivism cycle. Wrongful conviction is another very important ethical issue that we are facing in today’s...
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...Reading Questions 1.) In the report ‘A Living Death’, how do the authors explain the dramatic increase in the number of people serving LWOP? What kinds of changes do they propose to reduce this number? The authors explain the dramatic increase in the number of people serving LWOP as a result of the War on Drugs and “tough-on-crime” polices. These policies paved a road to many unnecessarily harsh sentencing laws. These include three-strike laws and mandatory minimum sentences for non-violence crimes. The authors suggest ending federal nonviolence LWOP sentences, eliminating nonviolent LWOP sentences, reforming the legislation, and much more to help reduce the number of people serving LWOP. 2.) In ‘Prison Diary’, Dole says that it’s the feeling of ‘impotence’ that finally ‘breaks you’ in prison. What does he mean by this? What dole means, it is the things in life that you realize you will not be able to take part in again is what makes prison the hardest. You are a spectator to your family’s life. You cannot be there for a tragedy, or help them when they are sick. You cannot be a father to your children, or enjoy the little things in life. You care confined behind bars for the rest of your life, and the feeling of not being able to be there in the world for the things that matter the most are the most heartbreaking. 3.) How does Dole explain the ways that healthcare and education are (and are not) part of the supermax prison in which he is confined? As for the...
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...Ineffective Treatment of Addiction through the Criminal Justice System According to a recent survey, nearly “two-thirds of people polled support treatment over incarceration (Pew ResearchCenter for the People & the Press, 2014).” While a staggering “sixty-three percent favor doing away with minimum mandatory sentencing” altogether (Pew, 2014). This is extremely significant as it shows that a fundamental shift is occurring. For decades, our primary source of information concerning addiction has been our U.S. Government. Their strong emphasis on the purported “War on Drugs” has led to mass corruption on their part while simultaneously taking an active role in legislating zero-tolerance mandatory minimum sentencing. The recent Pew Poll is a prime example that the majority of Americans have seen the ineffectiveness behind our current policies. As more and more research is released on the subject of addiction, it is becoming increasingly obvious that a solely criminal approach is undeniably ineffective and in some regards, inhumane. Ineffective treatment of addicts has created; over-crowding on our criminal justice system, inexcusable financial hardships on our society, and is a major factor behind the revolving door syndrome. A quick look at the current state of our prisons can be rather glaring. The U.S. currently houses approximately 2.3 million inmates. Out of this number approximately 1.5 million have been medically diagnosed with severe substance abuse issues with an additional...
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...Overcrowded prisons are a huge issue that have been plaguing the United States for quite a few years now. There is no certain cause for the overcrowding in our prisons, however there are many suspected reasons believed to be causing the overcrowding. In order to really begin fixing the problem, concern must be given to each and every one of these causes. Overcrowding in prisons is a serious issue because it affects millions of people in the U.S., not just prisoners, but taxpayers and prison staff as well. Illinois, in particular, is suffering from overcrowded prisons quite severely. Nearly every prison in the state is overcrowded. In order to solve this increasingly serious problem, many steps must be taken to begin prison reform and to begin living in a country in which the way we punish our criminals makes more sense and is more effective than how it is today. Everyone seems to know someone that is in prison these days, whether the person has committed a serious, violent crime, or just got caught up in the wrong place at the wrong time, they still end up in some sort of prison facility. In fact the U.S.’s rate of incarceration is 455 people per every 100,000 people (Smolowe, 1994). To put that in perspective, it is the highest rate of incarceration compared to any other country in the world. Even South Africa, our close second, only imprisons 311 people per ever 100,000 (Smolowe, 1994). Due to the harsh punishment of imprisonment for even the most minor...
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