toy gun. A few days later he was arrested and was subsequently convicted. Although the trial judge sentenced Michael to 6 months in prison and required that he repay the $50‚ the prosecutor demanded the 5 year minimum sentence required by state law. The trial judge ruled the mandatory sentencing law unconstitutional‚ and Michael served his prison time and repaid the money. Four years later‚ the state supreme court ordered the trial judge to sentence Michael to 5 years in prison. The trial judge refused
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examine the sentence structure of the law vis-à-vis fairness and justice. In short‚ does a Three Strikes Law sentencing structure achieve its goals without exceeding its authority? Goals of Sentencing The goals of sentencing‚ like the goals of the penal system itself‚ have shifted since the nascent days of our current system of justice. Today‚ most legal analysts recognize five goals of sentencing. Deterrence is a theory based on fear of consequences (MOJ 3.2‚ 1998). General deterrence is the
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Is Mandatory the New Black? As you sow‚ so shall you reap. Despite its Biblical lineage‚ this common saying within American pop culture is held true by citizens across all religions‚ sectors‚ and political parties. Essentially‚ every negative action should be met with negative consequences‚ every severe crime should be met with severe punishment‚ and so forth. This karma-like notion is sprinkled across legislation within all areas of modern society. However‚ the American people’s innate drive for
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the topic of mandatory minimum jail sentences. Why do we have mandatory minimum sentences for certain criminal offenses that cause individuals to do extended prison terms when their offenses are totally different from someone who commits a similar offense but do the same amount of time? My work in law enforcement leads me to believe that people should not be sentenced to mandatory sentences. I’ve seen a number young men incarcerated for minor crimes who received mandatory sentences that
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imprisonment for persons convicted of a felony on three or more separate offenses. The term is used similar the three strikes and you’re out rule in baseball. This could also be described‚ as such statutes are most often known‚ officially as mandatory sentencing laws. The underlying philosophy of these laws is that any person who commits more than two felonies can justifiably be considered incorrigible and chronically criminal‚ and that permanent imprisonment is then mandated for the safety of
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Lengthening the prison sentence is being used as a deterrent or to simply take the bad guys off the street for longer. This has not worked in the past and will not work now. Facing a long sentence has not deterred robbery from happening. If prison sentencing was enough robbery would not be around in society especially not as frequent as it is today. According to a study done by the FBI in 2006 447‚403 robberies were reported to the police‚ which equals out to a rate of one robbery per minute in the
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Prison Term Policy Recommendation Prison Term Policy Recommendation In this paper I will provide a recommendation concerning the issue of a bill that would double the maximum prison term for anyone convicted of armed robbery. I will also address the reasoning behind my recommendations concerning the matter. Regardless of how many voters are for or against a bill does not mean that it should become a policy. Many people would believe that this bill if passed would be for a greater cause or
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The past few years in our modern America have been subjected to continuous debate over a specific topic. Should it be legalized? Should it stay illegal? The states of California‚ Nevada‚ Oregon‚ Colorado‚ and others have already decided to legalize this substance‚ with much dispute from the opposing side. 58% of Americans favor the legalization of this substance‚ tied with 2013 with the highest acceptance rate in 46 years. It seems that legalization nationwide is inevitable in the coming years. This
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Child Abuse: Identification and Reporting In Child Care Settings CFS 290AA Carol Funiestas SID# 35661649 Scholarly Article Analysis July 17‚ 2014 Woman to be released after committing the worst Case of Child abuse in history… by alay131313 CNN iReport January 31‚ 2014 I had read about this tragedy 2 years ago on the 10 year anniversary of Baby Brianna’s death and it brought me to tears. The thought that these people could do such
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Queensland Mandatory Sentencing Good Morning Class‚ today I will be speaking on a issue that‚ due to recent changes in legislation has sparked both support and outrage within the greater Queensland community. The issue of course‚ being the notion of mandatory sentencing. In recent years‚ Queensland and other States‚ including New South Wales and Victoria‚ have introduced mandatory sentencing laws for certain types of offences. The Queensland Government is now proposing to adopt further mandatory sentencing
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