actions were illegal which resulted in the death of David Gundy in 1989Candidates are being asked to evaluate the statement‚ not necessarily the criminal justice system. Yet the marking criteria requires candidates to “Comprehensively and accurately evaluate how sentencing and punishment attempts to balance the rights of victims‚ offenders and society”. Poor question. This question starts after an offender has been found guilty and is to be sentenced. This is the key part of the Legal Studies syllabus
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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the effect on the offenders‚ the cost to taxpayers‚ the lack of discretion for Judge’s‚ and whether the law should be repealed.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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SENTENCING GOALS OF CORRECTIONS The five general sentencing goals of corrections are punishment ‚ retribution‚ test of proportionality‚ specific deterrence‚ general deterrence. Punishment is the correctional goal emphasizing the infliction of pain or suffering. As a society‚ we believe that punishment for inappropriate behavior is not only allowable ‚ but also advisable. Punishment is used to teach children from right and wrong. Criminal offenders are brought to justice by the state‚ acting for
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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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A sentencing model simply consists of the method by which punishment is awarded (Schmalleger & Smykla‚ n.d.). A century ago‚ judges had significantly more influence in imposing sentences‚ which typically included fines‚ probation‚ and set times of incarceration known as “flat time” sentences (Schmalleger & Smykla‚ n.d.). After the 19th century‚ America made changes to it’s sentencing model and implemented “indeterminate sentences” (Schmalleger & Smykla‚ n.d.). Based on state statute‚ judges
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Sentencing Paper CJA/234 02/12/2014 Instructor: Mr. Mitchell Punishment may sound like painful word‚ but in fact it is nothing more but a consequence given to a criminal offender. The state and federal correction system have similar objectives for criminal offenders as a form of punishment. Due to request for harsher punishment‚ sentencing affects both the state and federal correction system. Upon pleading or finding an offender guilty‚ the
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Cherry sentencing courts. The article shows the outline and decisions made for every individual who was sentenced on the said day. After reading through the long list of hearings‚ I chose one in particular to report on; A 25 year old male has been currently incarcerated at a correctional institution where he has been awaiting sentencing. At this said hearing‚ the defendant was brought in front of the honorable Judge Cherry to be sentenced on numerous charges. The defendant faces sentencing for two
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The argument of sentencing juveniles for heinous crimes has been an issue for many years. Some believe that the sentencing of juveniles sufficient in trying to rehabilitate them and some feel sentencing is insufficient. Some crimes‚ like murder‚ are so heinous that no matter what the person’s age is that they deserve to lose their freedom. It is believed that juveniles are not ready to take the blame for their actions like an adult would because they are not mentally able to handle the judicial
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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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