Prison Term Policy Recommendation
Prison Term Policy Recommendation
Kianna Petty
CJA/314
June 16, 2014
Professor Paula Rutkowski
Prison Term Policy Recommendation Paper
As a realistic matter, it is smart to sustain a bill that addresses a real concern, creates proper use of resources and effectively addresses the problem for which it was intended. It is known that victims of armed robberies want to see the offenders punished. It is noticeable that the public’s desire is to be safe and protected from being a victim of armed robbery. While on the other hand, the legislature must show caution in legislating across the board sentencing and defend discretion for the judicial system to consider the specific aspects that creates each case.
“Yet advocates of deserved punishment argue that it is not automatically evident how intermediate sanctions compare with either prison or probation in terms of severity, nor is it clears how they compare with one another” (Clear, et. al., 2008). For example placing one offender on intensive probation while ordering another to pay a heavy fine may violate the equal punishment rationale of just deserts. Any recommendation should examine the proposed bill and the Criminal Justice System.
Fairness is subjective; in spite of this every society will form a series of regulations through which to defend the individuals and society from damage. If an individual violates one of the regulations dictated by culture, there is usually a consensus of what constitutes a suitable punishment. In the United States, we depend on the Federal Sentencing Guidelines in addition to every state's adoption of the Model Penal Code. Section 1.02(1) of the Model Penal Code instructions the allocation of punishment as "to safeguard conduct that is without liability from condemnation as criminal" (culpability), "to provide fair caution of the nature of the conduct confirmed to represent an offense" (legality) and "to differentiate on logical basis between serious and minor
Kianna Petty
CJA/314
June 16, 2014
Professor Paula Rutkowski
Prison Term Policy Recommendation Paper
As a realistic matter, it is smart to sustain a bill that addresses a real concern, creates proper use of resources and effectively addresses the problem for which it was intended. It is known that victims of armed robberies want to see the offenders punished. It is noticeable that the public’s desire is to be safe and protected from being a victim of armed robbery. While on the other hand, the legislature must show caution in legislating across the board sentencing and defend discretion for the judicial system to consider the specific aspects that creates each case.
“Yet advocates of deserved punishment argue that it is not automatically evident how intermediate sanctions compare with either prison or probation in terms of severity, nor is it clears how they compare with one another” (Clear, et. al., 2008). For example placing one offender on intensive probation while ordering another to pay a heavy fine may violate the equal punishment rationale of just deserts. Any recommendation should examine the proposed bill and the Criminal Justice System.
Fairness is subjective; in spite of this every society will form a series of regulations through which to defend the individuals and society from damage. If an individual violates one of the regulations dictated by culture, there is usually a consensus of what constitutes a suitable punishment. In the United States, we depend on the Federal Sentencing Guidelines in addition to every state's adoption of the Model Penal Code. Section 1.02(1) of the Model Penal Code instructions the allocation of punishment as "to safeguard conduct that is without liability from condemnation as criminal" (culpability), "to provide fair caution of the nature of the conduct confirmed to represent an offense" (legality) and "to differentiate on logical basis between serious and minor
References: Clear, T.; Reisig, M.; Cole, G. (2008), American Corrections. Retrieved from Google Books. Model Penal Code. (n.d.). Retrieved from http://www1.law.umkc.edu/suni/crimlaw/mpc_provisions/mpc1021.htm