The United States Sentencing Commission is responsible for sentencing policy in federal courts. In 1980 they reformed the federal sentencing. The intent was to provide determinate sentencing. Determinate sentencing is a fixed period of incarceration without the possibility of parole, but time served can be reduced by accumulating good time. “Coinciding with the development of determinate sentencing has been the development of sentencing guidelines to control and structure the process and make it more rational. Guidelines are usually based on the seriousness of a crime and the background of an offender: The more serious the crime and the more extensive the offender’s criminal background, the longer the prison term recommended by the guidelines.” (Segel & Senna 2006). These guidelines were designed to eliminate judicial discretion and get tough on crime.…
Clearly there are several issues of Mandatory Minimum sentences. Moreover, there is evidence that says it decreases drug possession and violence, federal judges can argue otherwise. Often, innocent people go to jail for harmless acts for an unreasonable amount of time in jail, for a one time use or a non-violent act of drug use. If federal court systems continue laws of Mandatory Minimum sentences, they need to question and use evidence to support whether the individual is really guilty or innocent.…
I consider the DOP to be somewhat effective. However, the department face a lot of issues because of recidivism. Some individuals go back and forth to jail. I feel probation is laidback on Criminal offender appose to the Department of Parole where they don’t take any nonsense. However, there is a difference because those who are on parole have served time in prison for violent crimes like Murder and armed robbery. Due to those differing qualities of criminals under community supervision, drug issues might differ. Distinctive offenders have diverse issues, like drug addiction, domestic violence. You have to know as an officer with is the appropriate amount of supervising or help the offender may need. Paying attention to detail reading between…
Keeping in mind the brief overview of each of the major rationales for sentencing will allow the following four arguments to be understood with greater clarity. To begin, the first argument to support the urgent need to restructure the criminal justice system is the effect and impact of mandatory minimum sentencing on the high rates of incarcerations. The effects of mandatory minimum sentencing are staggering, and transcend into many different areas of the criminal justice system. The principal justification for the creation of mandatory minimum sentences is that by increasing the likelihood of custody, it will be a strict deterrent for crime prevention and a response to political “tough on crime” strategies. It was also thought to minimize…
“People come to the United States for the promise of freedom and opportunity” (Soros). The question is, is it really freedom as there are many restrictions on immigrants as non-citizens in the United States. Restrictions such as the aggravated felony law. The aggravated felony is a number of offenses that carry harsh immigration consequences for noncitizens who're convicted of crimes listed in the law. People face automatic penalties that can lead to their deportation out of the United States.…
It has been established that when drugs are taken excessively for recreational purposes they can have negative effects on a person’s mind and body. Thus, it is understandable why a government may want to ban or limit the uses where possible. However, many drugs have outstanding health benefits that provide people with the ability to live a normal life. With all the pros and cons it is evident that regardless of a governments legal stance against illegal substances drugs will find their way into the hands of users. Through out this paper we will look at the various pros and cons of legalization and decriminalization. Touch upon how each might effect the demand and supply side of the underground and above ground economy. And finally, take a look at how governments on each side of the argument operate.…
Criminal cases or crimes are defined as those actions or disputes where a violation of public law occurs. When public law has been violated the individual or other parties that committed the crime are innocent until proven guilty by a court of law. Therefore, if they are guilty of a crime depending on the charge the individual or other parties may face jail time, fines, community service, imprisonment, as their punishment by law. However, in some criminal cases depending on the alleged crime there may be afflicted victims in the manner that may warrant a civil suit being filed, which will allow victims to collect damages for their injuries and…
In this leaflet I will describe the law of negligence and occupier’s liability, economic loss and psychiatric loss.…
Mass incarceration reveals the essence of the problems in America’s criminal justice system. It shines light on the presence of inequality as well as the flaws in the policies. Mass incarceration became a huge problem in the US with the onset of the War on Drugs. Since then, the number of prisoners has increased significantly and a great proportion of the prisoners include drug offenders. Beckett and Sasson argue that the inequality here lies in the fact that members in the minority populations are sought after because unlike many private transactions that happens amongst upper class individuals, those that take place between members of the lower class tend to be more visible.…
There are many different argument both for and against mandatory minimum drug sentencing. However there are more arguments against mandatory minimum drug sentencing then there are for the support of the mandatory sentencing. One of the biggest arguments against mandatory minimum drug sentencing is that it was originally intended to target the higher level drug dealers but the majority of the cases have only been low level drug dealers. One of the other arguments is that will cause the jail systems to become overcrowded and that if is unfair.…
It was an oddly quiet Sunday morning in the middle of December. Clear skies, forests and beautiful snow-capped mountains dominated the views from my front porch. The temperature was mild, one of those days you could wear a thin sweater and be a little chilly. There were no birds chirping or butterflies fluttering, as they had all left to the south to find a more suitable environment for them or died. I had missed this type of day when you could relax in the peacefulness of the quiet morning…
Since 2002, the United States has had the highest incarceration rate in the world. Although prison populations are increasing in some parts of the world, the natural rate of incarceration for countries comparable to the United States tends to stay around 100 prisoners per 100,000 population. The U.S. rate is 500 prisoners per 100,000 residents, or about 1.6 million prisoners in 2010, according to the latest available data from the Bureau of Justice Statistics (BJS). Prison is a place used for internment of convicted criminals. Not including the death penalty, a sentence to prison is the harshest punishment inflicted on criminals in the United States. On the federal level, imprisonment or incarceration is managed by the Federal Bureau of Prisons, a federal…
Rehabilitation is an attempt to reform a criminal offender. Rehabilitation usually works through education and psychological treatment to reduce the likelihood of future criminality.…
Mandatory Minimum sentencing usually is defined when a judge is determined to deliver a fixed amount of years in prison to an individual for a convicted crime. Most mandatory minimum sentences apply to drug offenses but it also applies to other crimes, like having an unlicensed gun, fraud, and many others. Mandatory Minimum legislature contributes to the truth that America has a systematic problem in the increase of mass incarceration and men of color are being deprived of their natural rights. The mandatory minimum sentence doesn’t resolve the dilemma of crime. American nonviolent drug offenses should be prosecuted, but Mandatory Minimum sentencing should be eradicated.…
Do you think that is okay for a political leader to bend or break the law for the good of the country? No it may not be right to harm someone or allow something bad or harmful to happen just because you are following the law. If you break the law with any type of good intentions of not hurting anything or anybody, it should be okay. Breaking this law Julius was helping the huge population of their people. At the same time breaking a law isn't okay! If you expect someone to follow the rules, everybody needs to. Although, I do not think these decisions are very black and white, it would probably be a much bigger debate when an actual situation arises. But in the same case if the law isn't implied all the time, it really couldn't be considered…