| Determinate and Indeterminate sentencing | | | | There is a big difference between determinate sentencing and indeterminate sentencing. What determinate sentencing is that it refers to the sentence of imprisonment in which the convicted defendant is given a fixed term of punishment for a criminal offense. An example of this is if the inmate’s sentence is to spend Five months in the county jail is determinate‚ because the inmate will spend no more than Five months in jail. The
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and has its own set of circumstances. Crime is no different‚ which is why it often difficult to effectively use policies like mandatory minimum sentences‚ because not every crime is the same. It is acceptable for their to be some disparity in sentencing for similar crimes‚ but there still needs to be some consistency. The initiation of mandatory minimum sentences was due in large part to the fact that judges had too much discretion and it led to many similar cases having wildly different sentences
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Mandatory Minimum Sentencing: Neglect Towards Making the Crime Fit the Penalty As mentioned in the Canadian Criminal Code of 1985‚ "there are about 40 offences for which a mandatory minimum sentence of imprisonment (MMS) must be imposed" (Raaflaub‚ 2006). There is a growing dilemma in society today "starkly in the conflict between crime control and rights approaches to punishment" (Witten‚ 2017‚ p. 106). Mandatory minimum prison sentences are punishments that are set through legislation for specific
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Five goals in sentencing; Punishment is one of the goals to sentencing. It is the infliction of pain upon someone and is considered retribution for criminals who commit crimes. Society uses punishment to keep criminals from being repeat offenders and therefore I believe it is a favorable from of sentencing. However‚ with the new three strikes law‚ I do not agree with some of the statutes that are being set forth. Deterrence is the hoping that others while seeing someone being prosecuted of a crime
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Mandatory sentencing: judges are too soft on criminals. Their entire focus should be on punishment and retribution‚ and if they keep wasting their time with other considerations then we should introduce mandatory sentencing. To what extent do you agree and why? The sentencing system should not be altered‚ for decreasing the focus and increasing the frequency of sentencing would do more harm than good. An emphasis on merely punishment and retribution in criminal sentencing would prevent the right
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735). Famous cases that involve the question of sentencing juveniles to life in jail without parole include Graham v Florida‚ Sullivan v Florida‚ and Roper v Simmons. In the case of Graham v Florida‚ Terrance Graham was only one month shy of turning eighteen when he was sentenced to life in jail without parole. Graham was originally arrested at the age of sixteen for armed robbery and
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In R v Hoyle (No 2)‚ the Court considers the sentencing of the offender‚ Arthur Hoyle‚ who was found guilty of an act of indecency without consent and sexual intercourse without consent. While determining an appropriate sentence‚ the Court had reference to three medical reports tendered on behalf of the offender‚ the authors of which each had “a different speciality.” The medical history of the offender and the subsequent diagnosis provided by the medical reports presented a unique challenge to the
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a variety of issues have been proven to be associated with mandatory minimum sentencing laws. With the laws affecting a significant demographic of minorities‚ issues such as prison overpopulation‚ unfair judgement and extensive costs involved with prisons and the court have arisen. The concept of mandatory sentencing was originally implemented to ensure that certain criminals served long prison sentences‚ which would simultaneously punish the criminal and act as a deterrent for people who have the
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The approaches used to address the crime problem seen in America are subject to political influences (Travis; Walker). Celebrated cases‚ such as those of Megan Kanka and Polly Klaas‚ can put extreme political pressure on legislatures to take extraordinary measures to control or prevent crime (Walker). In addition‚ the local evening news in most metropolitan areas begins each night with stories on the murders‚ rapes‚ and assaults that had occurred in the community. This sets the public perception
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INTRODUCTION The Fair Sentencing Act (FSA) of 2010 (Public Law 111-220) was an act by Congress‚ and became law on August 3‚ 2010 ( ). The FSA intent is to reduce the gap between the amount of crack cocaine and powder cocaine needed to initiate federal criminal penalties from a 100:1 weight ratio to an 18:1 weight ratio. The FSA also eliminates the five-year mandatory minimum sentence for the possession of crack cocaine (Reid 2012). The FSA replaced the controversial Anti-Drug Abuse
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