known as sentencing and punishment. It is always difficult to find the balance between the offender‚ victim and society so that equality and natural justice can be achieved. Three areas where this can be seen are in the purpose of punishment‚ factors affecting a sentencing decision and types of penalties. Protection of society and the rights of the individual will be clearly seen and discussed in the essay The purpose of punishment is paramount for the protection of society. Sentencing is traditionally
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English 102.644 December 13‚2013 The case District of Columbia V. Heller (2008) settled questions surrounded the Second Amendment and gun control laws. The District of Columbia passed legislation banning the registration of handguns‚ requiring licenses for all pistols mandating that all legal firearms be kept unloaded‚ disassembled or on a trigger lock and could only be obtained with a license issued by the Chief of police. 1 A D.C. special policeman‚ Heller‚ applied to register his handgun and
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is convicted of a crime by a guilty plea‚ plea bargain‚ or jury verdict the sentencing takes place. A sentence is a decree of punishment. This punishment can be fines‚ incarceration in jain for short term and in prison for longer term‚ probation‚ payment of restitution to crime victim‚ community service or drug and alcohol rehabilitation. Not only will the severity of the crime determine the punishment but the sentencing judge usually will consider the defendants criminal history or lack thereof;
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Chapter 1: Chapter 2: Chapter 3: Conclusion Bibliography Table of Cases England: 1. Christie v. Leachinsky [1947] 1 All ER 567. India: 1. 2. 3. 4. 5. 6. Ajit Kumar v. State of Assam 1976 CriLJ 1303. Ashok v. State 1987 CriLJ 1750. Bir Bhadra Pratap v. D. M. Azamgarh AIR 1959 All 384. Citizens for Democracy v. State of Assam (1995) 3 SCC 743. D. K. Basu v. State of West Bengal AIR 1997 SC 610. D. P. Ghosh v. State of West Bengal (1972) 2 SCC 656. 1/16 legalsutra.org/1047/the-rights-of -the-accused-a-study
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Indeterminate &Structured Sentencing To me Indeterminate Sentencing is a very degraded and/or very disturbed type of sentencing. In this sentencing a legislature is the one who has say as to what the terms will be for the crime that has been committed and a judge gets the decision as to what the sentence will be for the offender. As I look at this information I feel that the judge should have a say in what the sentence will be‚ but not have all the power as to what it will be. A Parole Board gets
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Sentencing and punishment is highly effective in balancing the rights of victims‚ offenders and society. The sentence or punishment imposed on an offender must reflect the societal values in order for it to be truly effective in achieving a just and fair outcome for all parties involved. This is achieved in the purposes of punishment‚ the role of the victim in sentencing‚ the types of penalties and alternative methods to sentencing. The purposes of the various punishments‚ seeks to balance the rights
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Heart of Atlanta v. United States Heart of Atlanta v. United States (1964) - Any business that was participating in interstate commerce would be required to follow all rules of the federal civil rights legislation. In this case‚ a motel that wanted to continue segregation was denied because they did business with people from other states. This important case represented an immediate challenge to the Civil Rights Act of 1964‚ the landmark piece of civil rights legislation which represented the first
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Equity is defined as the sentencing principle that similar crimes and similar criminals should be treated alike. (Frank Schmalleger‚ 2007)Equity in sentencing has been an issue for quite a while. It has sparked heated discussions in the U.S. Congress‚ as well as arguments among community members. Supporters of equity in sentencing try to inspire changes to our current legislation‚ and its opponents are attempting to abolish it in its entirety. The Federal Drug Abuse Act of 1986 created the guidelines
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Mandatory Minimum Sentencing in the American Justice System has long been argued by both Lawmakers and the public. We will go over some of the history of mandatory minimum sentences as well as the many pros and cons to these types of sentences. Some examples of pros and cons are the overall effect on public safety‚ the effect on the offenders‚ the cost to taxpayers‚ the lack of discretion for Judge’s‚ and whether the law should be repealed. The history of Mandatory Minimum sentencing laws date back
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Proposal: United States Drug Policy Out of all the United State’s failed policies‚ the war on drugs is one of the oldest and most epic failures. Federal laws regarding marijuana have been especially problematic for both citizens and our country as a whole. These archaic laws prohibiting marijuana need to be reviewed and reformed with a modern day‚ scientific point of view. That is why I have chosen to analyze the United States failing initiative to put an end to marijuana within it’s boarders
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