In the case of Gonzales v. Raich, the Supreme Court made a judgment that affected the California users of medical marijuana. Under a law the federal Controlled Substance Act, marijuana is a schedule one controlled substance, however under a 1996 state California law, marijuana is legalized for usage for people who have a prescription from a doctor for medical usage. When the federal Drug Enforcement Administration enforced the CSA by destroying one of the defendant's marijuana plants, the defendants claimed that their constitutional rights were infringed upon.…
In the case Gonzales v. Raich, Angel Raich, which is from California, was charged with home-grown, non-commercial use of medical marijuana. Raich has inoperable brain tumor, seizures, and chronic pain disorders. Raich has been prescribed medical marijuana 5 years before the cases even came up in court. Raich has to depend on 2 caregivers to grow the medical marijuana for her because of her condition.…
The justice system is divided between providing a punishment or a rehabilitation sentence. Varied opinions are voiced throughout the novel, yet the court system…
In Chapter 5 of the textbook, the author examines retributive justice from the standpoint of the means of punishment (Section 5.2). He calls attention to the length of prison sentences and, in particular, the issue of mandatory life sentences for juvenile offenders.…
Local gacaca trials offers these benefits of a more personal setting within the community in which the atrocity took place, and this has further benefits – increased unity and reconciliation. Seeing as how the gacaca form of justice aims to reintegrate the defendant back into society to become a productive and contributive member, it makes sense that the trials are held within the community – so that the victim and perpetrator can be in the same space and have justice be served while also allowing the perpetrator to confess to his or her crimes and express remorse so that both sides can reconcile and have the perpetrator reintegrate into society. This type of justice system, its supporters believe, has the effect of “encouraging apology and forgiveness, and promoting reconciliation in the country (Graybill 1123).” In addition, defendants are encouraged to confess and own up to their crimes, and in return their sentences are cut in half, while “the gacaca courts will be releasing most of the suspects they try back into the community, crediting them with time served (Graybill…
Throughout “Dreams from the Monster Factory,” Sunny introduces many different aspects and dilemmas dealing with the criminal justice system. While reading her book, it truly opened my eyes, and made me realize exactly how prisons are, and how they deal with inmates. This is much different than reading a textbook, which is also beneficial, but Sunny’s book gave personal experiences, feelings, and situations. As a criminal justice student, the book made me relate the information that I am taught in my classes to the dilemmas and situations Sunny dealt with. A major moral dilemma that is becoming more and more prevalent in today’s society is also a key dilemma throughout the book. Sunny’s argument is that the rehabilitation system dealing with the criminal justice is more beneficial and favorable than that of retributive. She was very passionate about this system dealing with the inmates of the prison she worked at.…
Completely, “The critical point is that thousands of people are swept into the criminal justice system every year pursuant to the drug war without regard for their guilt or innocence” (Alexander, 2010, p. 89). The criminal justice system does not rehabilitate, nor does it allow the convict to pay his or her debt to society. Alexander observes that judges are unable to consider mitigating circumstances, such as the likelihood of repeat offense, role, or motive. This sort of determinate sentence exacerbates the problem of prison overcrowding because imprisonment is often the only sentence allowable. Retribution, not rehabilitation, is often the only sentence that judges can impose.…
2). “The Community-Based Problem-Solving Criminal Justice Initiative aims to broaden the scope of problem-solving courts, testing their approach to wider defendant populations and applying key problem-solving principles (e.g., links to social services, rigorous judicial monitoring, and aggressive community outreach) outside of the problem-solving court context” (OJP, n.d., para. 3). Problem- Solving Courts are important initiatives to fund because they help keep society safe by trying to improve the recidivism rate. This will cause a reduction in crime, and justice agencies case-loads will lighten; thus, freeing up the justice system to advocate for crime victims, and restore faith within the criminal justice…
By not producing results that correlate with the outcome, plea bargaining weakens the validity of the criminal justice system. Validity or legitimacy is a very important characteristic of the legal system’s effectiveness. The view of the legal system is determined considerably on whether or not the system operates in harmony with basic rules of procedural fairness, for example treating cases alike or allowing parties an opportunity to be heard. Nevertheless, a system that fails to function under such rules will lose their…
The criminal justice system has many objectives which it intends to achieve through various punishments. One such objective is to deter social deviants by threatening them with the possibility of facing harsh punishment to pay for their crimes (Ferris & Stein, 2016). The criminal justice system also achieves retribution by responding to crime by retaliating or revenging the crime. The criminal justice system also incapacitates social deviants so as to protect members of the society through imprisonment or execution in some cases. Additionally, the system also intends to rehabilitate criminals so as to encourage them to refrain from socially deviant…
“The American Law Institute has given critical attention to the problems of sentencing and treatment, seeking to arrive, in its Model Penal Code, at a policy that might achieve the legitimate ends of correction with increasing effectiveness.” The code has formulated certain tentative policy conclusions and draft provisions. Its main principle is to deter blameworthy, harmful conduct, and that faultless conduct should be shielded from punishment, and “by 1980, in large part owing to the Model Penal Code's example, some thirty states had adopted revised criminal codes, and another nine had code revisions either under way or completed and awaiting enactment.” Thousands of court opinions have cited the Model Penal Code as a persuasive authority for the interpretation of a law and also have tried to employ it as a criminal law doctrine. Even the code’s commentary is often the best available authority on the reasoning behind the provision and its intended effect, and has become an important research source.…
The court plays a very critical role in American Criminal Justice. Without the development of courts, those who violate the law would face no penalty and would commit crimes and walk free. In this paper I will evaluate and examine the American Criminal court system. I will describe the court and the purpose that it serves as so I will also define the dual court system. I will also describe the role that early legal codes, the common law and the precedent played in the development of courts.…
himself because he’s mad at his son for what he did but still loves him.…
Moving forward, we examine the rehabilitation view. This view of punishment fails the guilt requirement because the criminal justice system would have to sort out all the potential criminals from society and attempt to rehabilitate them and attempt to make them into a better person, which would be nearly impossible. It also fails the equal treatment requirement because each criminal would require a different form of…
The significance of observing this courtroom trial was to see the way our federal courts systems work. In this case I saw a criminal law trial, which chapter 15 explains as the branch of the law that deals with disputes or an action involving criminal penalties that regulates the conduct of individuals, defines crimes, and provides punishment for criminal acts. Chapter 15 gave me a better understanding of how…