Criminal Justice Outline
Dawn Drinovsky
Capstone Project One
Nov. 22, 2011
Trial a. Interrogation and Arraignment- Guidelines and Process of Law b. Trial- Judge and Supreme court roles c. Sentencing – 3 types
Sentencing
a. Determinate- pros and cons b. Indeterminate- pros and cons c. Mandatory- pros and cons d. Specific or general deterrence
Determinate sentencing a. Time- Each punishment is set person to person regardless b. Punishment- does not discriminate c. Community- deter people from committing it again
Indeterminate Sentencing a. Courts and judges role in helping the offender b. Community outlooks c. Fines and minimums
Mandatory sentencing a. Maximum fines and set prison sentences b. No judge discretion, follows the constitution
When a person is interrogated it means they are taken into custody and await trial, arraignment, and facing a judge to determine their punishment and enter their plea. In the future of most criminals they are looking at a sentence to serve for the punishment of the law they broke, or crime they committed. These sentences have specific and general deterrence as well as guidelines that the constitution says we must follow. The federal sentencing guidelines are the most controversial and most complex of all the sentencing reform efforts. (Rubuck, 2001).
There are three types of sentencing that a criminal will more than likely be facing from a reoffender of misdemeanors to felony charges. Mandatory sentencing is one of them in which leaves little or no discretion to judges in setting the terms of a sentence or length. In states where a prisoner is presumptively entitled to parole release, the denial of parole increases the maximum punishment without a jury finding the relevant facts beyond a reasonable doubt. (Ball, 2009) It is based on the crime committed. Indeterminate sentencing is after conviction for a crime which does not state a specific period of time or release date. It is also stating that based on
Capstone Project One
Nov. 22, 2011
Trial a. Interrogation and Arraignment- Guidelines and Process of Law b. Trial- Judge and Supreme court roles c. Sentencing – 3 types
Sentencing
a. Determinate- pros and cons b. Indeterminate- pros and cons c. Mandatory- pros and cons d. Specific or general deterrence
Determinate sentencing a. Time- Each punishment is set person to person regardless b. Punishment- does not discriminate c. Community- deter people from committing it again
Indeterminate Sentencing a. Courts and judges role in helping the offender b. Community outlooks c. Fines and minimums
Mandatory sentencing a. Maximum fines and set prison sentences b. No judge discretion, follows the constitution
When a person is interrogated it means they are taken into custody and await trial, arraignment, and facing a judge to determine their punishment and enter their plea. In the future of most criminals they are looking at a sentence to serve for the punishment of the law they broke, or crime they committed. These sentences have specific and general deterrence as well as guidelines that the constitution says we must follow. The federal sentencing guidelines are the most controversial and most complex of all the sentencing reform efforts. (Rubuck, 2001).
There are three types of sentencing that a criminal will more than likely be facing from a reoffender of misdemeanors to felony charges. Mandatory sentencing is one of them in which leaves little or no discretion to judges in setting the terms of a sentence or length. In states where a prisoner is presumptively entitled to parole release, the denial of parole increases the maximum punishment without a jury finding the relevant facts beyond a reasonable doubt. (Ball, 2009) It is based on the crime committed. Indeterminate sentencing is after conviction for a crime which does not state a specific period of time or release date. It is also stating that based on
References: Ruback, R., & Wroblewski, J. (2001). The federal sentencing guidelines: Psychological and policy reasons for simplification. Psychology, Public Policy, And Law, 7(4), 739-775. doi:10.1037/1076-8971.7.4.739 Ball, W Roberson C., Wallace H., Stuckey G. (2007). Procedures in the justice system/8th Ed: Pearson Education, Inc. Larson, C. J., & Berg, B. L. (1989). Inmates ' Perceptions of Determinate and Indeterminate Sentences. Behavioral Sciences Lowenthal, G Barkow, R. E. (2003). RECHARGING THE JURY: THE CRIMINAL JURY 'S CONSTITUTIONAL ROLE IN AN ERA OF MANDATORY SENTENCING. University Of Pennsylvania Law Review, 152(1), 33-127. Ball, W. (2009). HEINOUS, ATROCIOUS, AND CRUEL: APPRENDI, INDETERMINATE SENTENCING, AND THE MEANING OF PUNISHMENT. Columbia Law Review, 109(5), 893-972. Larson C, Berg B Lowenthal, G. T. (1993). Mandatory Sentencing Laws: Undermining the Effectiveness of Determinate Sentencing Reform. California Law Review, 81(1), 61. (1992, May 6) Lowenthal, G. T. (1993). Mandatory Sentencing Laws: Undermining the Effectiveness of Determinate Sentencing Reform. California Law Review, 81(1), 61.