The four fundamental philosophies surrounding the purpose of sentencing are retribution‚ deterrence‚ Incapacitation‚ and Rehabilitation. Retribution is the belief that those who commit criminal acts should be punished according to the seriousness of the crime and that no other circumstances are considered. It relies on the principle of just deserts‚ which holds that the severity of the punishment must be in proportion of the severity of the crime. Deterrence is the thought that if the punishment
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Memo Date: March 27‚ 2013 To: Federal Bureau of Prisons From: Karrington C Norris Subject: Overcrowding of Juvenile Correctional Facilities Introduction Within the juvenile correctional facilities community‚ there are public and private institutions that both experience and suffer from similar problems. The problems that face these facilities are overcrowding. Through close comparison of the major issues with juvenile correctional facilities‚ the institutions are revealed to be ineffective
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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.
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Arguments at sentencing May file appeals Counsel defendant and family about civil matters if applies. Should a defendant be found guilty an defense counsels job continues as referenced in this slide. If found guilty a defense counsel will present arguments at sentencing to persuade a lighter sentence‚ or mistakes‚ although this will not change a guilty verdict‚ it does however provide the defense and the defendant the opportunity to address the court. It does also allow the prosecution and the victims
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Mandatory Minimum Sentencing Many people are victims of a crime‚ or they’re the ones committing the crime. Some of these crimes that have been committed are sentenced as Mandatory Minimum Sentencing. Mandatory Minimum sentencing is when a person convicts a crime‚ and must be in prison for a minimum term‚ the days of punishment is up to the judges to decide. In this occasion the kind of crime that they commit depends on the amount of time the assailant will serve. What does the world have to offer
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Beasley Jail’s and Prison’s Response Prisons range from minimum to maximum security. They are designed to house criminals who have committed similar types of offenses. The penal institutions of developed countries usually offer better living conditions and greater inmate safety than those found in undeveloped or authoritarian nations. Although most correctional facilities are intended to incarcerate adult‚ civilian criminals‚ prison types‚ exist for military personnel‚ juveniles‚ violent
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Reforming California’s Sentencing Law Hearing the words “three strikes‚ you’re out” probably invoke thoughts of umpires‚ baseballs‚ and pitchers in the minds of most. In California‚ if you are familiar with the legal system‚ “three strikes‚ you’re out” will likely give you a vision of thousands of inmates dressed in orange‚ sleeping on bunk beds inside overcrowded gyms. In November 1994‚ California legislators and voters made a major change to the California sentencing laws with Proposition
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limited by law; those convicted of certain crimes must be punished with at least a minimum number of years in prison. The most famous example of mandatory sentencing is the ‘three strikes and you’re out’ policy adopted first in California in 1994‚ and now more widespread in the USA. "Three strikes" laws require life imprisonment for a third criminal conviction‚ but other forms of mandatory sentencing are now being discussed and implemented in various countries. The British Home Secretary Michael Howard
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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
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The existence of Prisons can be traced back to the ancient period. Initially there was a belief that rigorous isolation and custodial measures would reform the offenders. In due course it is being substituted by the modern concept of social defense. Custody‚ care and treatment are the‚ three main functions of a modern prison organization. For over 100 years‚ there was emphasis on custody which‚ it was believed‚ depended on good order and discipline. The notion of prison discipline was to make
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