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The importance of punishment
Rehabilitation and recidivis
Purposes of punishment
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The goals of punishment that are most important in this case are retribution, individual deterrence and rehabilitation. Retribution would be one of the goals, since a person died through the fault of another and getting justice or vengeance could be an important factor for family and friends of the victim. Individual deterrence is an important goal for this case since the offender needs to be prevented from committing similar crimes. Lastly rehabilitation could be an important factor in order to rehabilitate the offender and make them less dangerous to other individuals for the chance of their release. The best sentence that would serve these goals is incarceration. Through incarceration of this individual some sort of retribution would be achieved and it would deter the individual from further crimes. Further depending on the programs offered the individual could move towards rehabilitation. In this case bail could be granted, if the defendant does not have a prior record, in order for the defendant to best be able to aid their lawyer in their defence. The bail amount could be around $500,000 depending on the defendant 's financial means. A condition of release that would likely be imposed would be a restriction of travel. …show more content…
This motion could be filed by the defence to see if the prosecution meet their burden of proof. Another motion that could be filed by the prosecution could be a Motion for Discovery. With this motion the prosecution could gain access to evidence such as eyewitness testimonies or any exculpatory evidence. Further the defence could file a motion to suppress evidence in order to keep evidence such as a dying declaration out of court so it won 't weaken their defence. Another motion could be a motion to obtain funds for experts. This motion could be used to get experts to testify on Eldon Spiers competency or his mindset at the time of the
The jury in trying to let the defendant go considered if there were any circumstances that would provide say as a self-defense claim to justify this horrific crime of murder of two people named Mr. Stephan Swan and Mr. Mathew Butler. Throughout the guilt/innocent phase, the jury believes not to have heard convincing evidence the victims were a threat to the defendant nor a sign the defendant was in fear for his life before he took the victims’ lives.
Prisoner security categories are used as an assessment system to assign convicts to a category that is appropriate for their crime and/or for the safety of the public. There are four categories, each with their own criteria. The category a prisoner falls under depends on the nature of their crimes along with the potential danger to the community if they were to abscond from the prison . A convict’s category will be assessed once they first enter prison, the assessors within the prison service will consider the inmates likelihood of inflicting harm upon themselves or others. These categories are for prisoners who have been deemed mentally or physically able. These categories fall in to one of two prison types; open or closed prisons. Open prisons are institutions where prisoners have more freedoms and are able to move freely around their settings, prisoners will only be placed in Open Prisons if staff considers them as trustworthy. Lastly, closed prisons are considerably more secure and inmates must follow a strict schedule.
When someone is being sentenced for first-degree murder are always punished by at least "life in prison," often "life without the possibility of parole," and in some jurisdictions by death by electric chair or lethal injection.
From the beginning of the Criminal Justice System, the obsession was with prison and punishment. In the last few years, this focus forced the jail and prison populations to skyrocket higher than any other place in the world. There is never a class we are not reminded there are currently 2.3 million people in United States prisons and jails. The criminal justice system or the correctional system has not changed yet remained its focus on deterrence and isolation not on the proactive ways of dealing with crime.
Today, our country’s correctional facilities are filled with many people, ranging from juveniles, teenagers, adults and the elderly. To get to where they are, these people committed a crime, if not several crimes and are now incarcerated. Incarceration is a process which is meant to “treat” and to “punish” those who have exhibited criminal behavior. However, in order for a criminal to fully recovery, a behavior modification program may be implemented. Ranging from operant techniques to systematic desensitization, individuals who are incarcerated can shape their criminal behavior into law-abiding and socially accepted behaviors.
The sentencing process is created by some of the legislative party, who use their control to decide on the type of criminal punishment. The sentencing guidelines for the judges to go by can be different depending on the jurisdiction and can include different sentencing such as “diversionary programs, fines, probation, intermediate sanctions, confinement in jail, incarceration in a state or federal prison, and the death penalty” (Siegel & Bartollas, 2011, p. 40). In some jurisdictions the death penalty is not included as one of the punishments. Being sentenced is step one of the correction process and is in place to discourage repeat offenders (Siegel & Bartollas, 2011, p. 40). Depending on the crime committed the offender can be sentenced to a consecutive sentence or a concurrent sentence. If an offender is charged for committing more than one crime the judge can give the offender a concurrent sentence where both charges are served at the same time. If an offender is charged for committing more than one crime the offender can be giving a sentenced where he has to serve time for each crime one after the other (Siegel & Worrall, 2013, p. 210). Once the offender has been sentenced from there you will be able to determine if the sentence is indeterminate or determinate.
James and the police officer which led to Mr. James killing the officer. Although, this is the first hearing the prosecutor will have to give all of their relevant information from any investigation that occurred with the case. Furthermore, they will have to give reasons to why this case should be tried within the jurisdiction for which it happens according to the law. Unfortunately, the defense has an opportunity to object to any evidence that the prosecutor may have in the case. There is also the pretrial motion where the defense attorney can seek an exclusion for irrelevant prosecution information as well as evidence that does not go with the case in order to take it to a trial court. After this is done then there is the criminal trial of the case. Unfortunately, for Mr. James the judge in the part of the trial will make the decision on whether he gets life in prison or the death penalty if it is still available but the jury in the case if he decides to have a jury trial will determine if he is actually innocent or guilty of the charges that are before them. However, if Mr. James attorney feels that he was not guilty he/she can apply for an appeal. He/she will then have to file an appeal to the higher court and give them all of the evidence surrounding the case that they feel was wrong or did not give
Students have different levels of motivation, different attitudes, character and different responses to specific classroom environments and instructional practices. Therefore, the understanding of differences towards instructors to students, the better chance of meeting the diverse learning needs of students. In such a way, corporal punishment is one of the major discipline methods of teaching and moulding a child. Hence, it intends to cause physical pain to a person and also it is commonly inflicted on minors in a home or school settings (Cloud, 2015). However, children have a right and through their rights, the practice of corporal punishment is banned whereas is causes a lot of problem in managing students behaviour. Therefore, introducing
The research study is to describe how there are more African Americans in prison than any other race Whether it is African American men or women in the prison African Americans are still the leading race inside the prison system. Based upon the research I was setting out to prove that African Americans were the leading race in the prison systems, but sometimes people don’t always understand why or how some people economic status and education can play a hug part on where the direction of their lives take them. The main in this study was to determine if African Americans are the leading race in the prison system. So I set out to find out if “there are more African Americans from ages eighteen thru thirty are in prison at a greater percentage than White or Hispanics”. Imprisonment was and still is a form of criminal punishment that became well known in the United States after the American Revolution.
I wanted to reach and touch basis with all the staff and different agencies currently working d with the client J.L. As you all know the client currently is located on El Segundo and Alameda in the city of Compton. A tetantive plan has been discussed with the Sherriff ‘s Department and HOPICS LEAD program , that will eventually result in placing a psychiatric hold on the client. The ultimate goal would be to have the client place somewhere permantly which would coincide with diversion , instead of incarceration based on his psychiatric needs.
Within America we have a three part criminal justice system. Including law enforcement, the judiciary, and corrections branches. First I will discuss law enforcement. Local, state and federal law enforcement has around 750,000 sworn officers (Zumbrun, 2014). Preventing crime, commanding control, apprehensions, defending and keeping the peace, are examples of what these officers do within our law enfacement system. law enforcement rely on the public for support just like the public rely on the officers for help and safety. “how police interact with individuals and suspects within a community, and how police respond to community concerns affect their ability to police efficiently. Without community support, police effectiveness suffers”(Wright,
middle of paper ... ... An alternative, such as a jail sentence, would mean that the family and friends of the offender would still have contact with their loved ones. and there would be no trauma caused by death. This is yet another side effects of capital punishment.
Crime for what, and punishment for whom? May happens in a park and maybe in a room! Maybe at night or afternoon, here or there or close to the moon. A man who makes a crime may be a tycoon or maybe just a vagrant without a small home. Now the problem is for what, for whom do a little vagrant or a tycoon want to be a prisoner or a dark moon?
Murder should be punished in a manner similar to the way it was committed. A man convicted of a cold-blooded shooting murder such as a drive-by shooting should go before a firing squad. Each man in that firing squad would fire one at a time so the convicted would not know when the angel of death would come for him. A man convicted of strangulation murder should be hung at high noon. A man convicted of a beating death should be slowly beaten until death comes. A Jeffery Dahmer style murderer should suffer dismemberment and decapitation.
In the novel Crime and Punishment, Dostoevsky portrays the main character, Raskolnikov, in a complex and unique fashion. He could have been portrayed as the good guy, bad guy, or just your average man on the street, but Raskolnikov is displayed with more than one persona. "It would have been much easier for Raskolnikov to explain his weekness, but it was more pleasant for him to consider himself a strong man" (Chizhevsky 164). Raskolnikov’s dream reveals that his personality is complex and double sided. His range of actions and emotions are more of a Dr. Jekyl and Mr. Hyde type character. On the outside, he appears to be in control of his raging homicidal tendencies, but he is full of turmoil on the inside. Raskolnikov’s dream presents these different personas Dostoevsky has given him. His dream also gives the reader a good, inside look into Raskolnikov’s interior conflicts (Chizhevky 191). In the beginning of his dream, Raskolnikov is out in the street. He seems to be wandering around aimlessly, with no recollection of what he is supposed to be doing or why he is there. Meanwhile, everyone else in the dream is carrying on like nothing is wrong. Before delving into the significance of this scene, the reader must note how important control is to him. He is an extremely proud man, and needs to be in control of himself and everything around him at all times (Magill 222). In his view, everything in his life should revolve around him.