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Parole process research essay
The Shawshank redemption introduction
Parole process research essay
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For this discussion, our group chose to analyze a clip from the film The Shawshank Redemption. The clip shows one the main characters, Red, walking in to multiple parole hearings and expressing his regret for his actions. Despite Red’s belief that he has been rehabilitated, the parole committee still decides to reject parole. Red is eventually granted parole after 40 years, but there doesn’t appear to be a definitive reason why the committee decides to grant his parole that time around. This clip addresses the issue of discretionary authority that has led to negative attitudes of bureaucracy from the public. The power of whether or not to allow this character, Red, out on parole is given solely to the parole committee seen here. If Red were
In the case of Sandin v. Conner, DeMont Conner, an inmate at a maximum security correctional facility in Hawaii, was subjected to a strip search in 1987. During the search he directed angry and foul language at the officer. Conner was charged with high misconduct and sentenced to 30 days of segregation by the adjustment committee. Conner was not allowed to present witnesses in his defense. Conner completed the 30-day segregation sentence, after which he requested a review of his case. Upon review, prison administration found no evidence to support the misconduct claim. The State District Court backed the decision, but the Ninth Circuit Court of Appeals found that Sandin had a liberty interest in remaining free from disciplinary segregation. This case is significant because it confronts the question of which constitutional rights individuals retain when they are incarcerated. In Sandin v. Conner, the Supreme Court ultimately ruled that prisoners have a right to due process only when “atypical and significant deprivation” has occurred. Prisons must now be vigilant in protecting the rights of inmates. It is a delicate matter in the sense that, when an individual enters prison, their rights to liberty are by and large being forfeited. The rights in question are important to prisoners because prisons are closed environments where by nature their freedoms are already very limited. They need a well-defined set of rights so that prisons do not unduly infringe on their liberty. Without court intervention, prison administrators would likely not have allowed this particular right, as it adds another layer of bureaucracy that can be seen as interfering with the efficiency of their job. Also, it could lead to a glut of prisoners claiming violations of their rights under the court ruling.
Leonard Peltier should be released from prison via Executive Clemency because the evidence that he was convicted under was inconclusive and insufficient to warrant a conviction, the FBI committed many acts of misconduct when pursuing Peltier as fugitive and trying to extradite him from Canada, and his trial was unfair. As an individual committed to social justice, human solidarity, and the liberation of the people, this case is of great interest to me since it is a prime example of the ri...
In conclusion, correctional officers such as Ted Conover may think they hold all the power but due to the sudden increase in prisoners and not enough staff, the officers are starting to see how difficult it is to obtain power. The Stanford Prison Experiment also gives us a good sense of the change of power that goes on in a correctional facility and how sometimes the prisoners hold power over the guards. And lastly, inmate power can be seen through the contraband that is made/ brought in on a regular basis.
I clung to the notion that it wasn’t the government’s or society’s fault these people were in jail. It was the prisoners to blame. They did the crime, so they had to do the time. In the article “Prison: To Punish or Reform” Dianne Clemens, president of Justice for All- Citizens United Against Crime, argues “[w]e encouraged criminals to place the blame for their activities and addictions upon others and we, as
give police, prosecutors, and judges broad discretion in deciding who gets arrested, charged, and sentenced to prison;
Governor Wilma James’ state is facing severe budget cuts due to economic struggles and drops in tax revenues. The Department of Revenue had informed the governor that she must find ways to reduce the budget by $6 billion. There are several key areas which the governor acknowledged as fixed, and cannot be touched such as health care and pension payments. Several proposals were brought to the governor’s attention and the one that sheds most light were the prison system. After conversing with the correctional commissioner, the governor decided to order an early release of inmates whose been charged with drug related crimes. Governor James believes that her action will reduce the state’s budget immensely; however, what may transpire
Mauer, Marc. 1999. The Race to Incarcerate. New York: The New Press National Research Council. 1993.
The governance of our present day public and social order co-exist within the present day individual. Attempts to recognize the essentiality of equality in hopes of achieving an imaginable notion of structure and order, has led evidence based practitioners such as Herbert Packer to approach crime and the criminal justice system through due process and crime control. A system where packer believed in which ones rights are not to be infringed defrauded or abused was to be considered to be the ideal for procedural fairness. “I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.” Thomas Jefferson pg 9 cjt To convict an individual because proper consideration was not taken will stir up social unrest rather then it’s initial intent, when he or she who has committed the crime is not punished for their doings can cause for a repetition and even collaboration with other’s for a similar or greater crime.
The debate over prison systems in the United States has been a long controversy. The question as to; if stuffing a facility full with convicted criminals to be guarded by a flock of civilian employees will foster progress. But a main factor that contributes, is the line between guard and civilian. A guard, while trained, is not a military personal. The power given to them over the lives of others when they are simply a citizen is not normal for everyday citizens. This is one of the things Dr. Phillip Zimbardo wanted to test in his prison experiment at Stanford University, working on staff. Zimbardo created a mock prison in the basement, drawing psychologically fit young gentlemen to see what would happen. In a short
Moulds, E. F. (1978). Chivalry and Paternalism: Disparities of Treatment in the Criminal Justice System. Political Research Quarterly, 31(3), 416-430.
It could be debated that contemporary sytems of criminal justice are overly bureaucratic and depersonalising to a certain extent. By this it is thought that criminal justice systems involving the police and prison service, Crown Prosecution Service , Probation and the courts are overly bureaucratic and depersonalising. Bureaucratic is the idea of “Relating to a system of government in which most of the important decisions are taken by state officials rather than by elected representatives” (Oxforddictionaries.com, 2015).This could be seen through the functions of criminal justice systems that are to manage crime and criminals under strict rules.However it could be equally argued that criminal justice systems are not bureaucratic as powers
The ability of police to exercise discretion was originally designed to allow officers to maintain the peace by allowing certain types of crime to remain unpunished in certain circumstances. This essay will aim to explore the issue of police discretion that suggests that the application of discretion works against the interests of Aboriginal and Torres Strait Islander peoples. In drawing this conclusion, this essay will examine the relationship between policing ideals and the use of discretionary powers and the relationship between policing attitudes and the use of discretionary powers. A discussion regarding the use of police discretion towards Aboriginal and Torres Strait Islander peoples can scarcely be mentioned without making reference to arguably the greatest failing by a police officer since indigenous Australians were formally recognised as citizens. Further to this, the case of Mulrunji Doomadgee (Cameron) will be examined from the point of view of officer discretionary powers. The penultimate point to be made will involve the Anglo Australian response to this case as well as the ongoing relationship between indigenous Australians and the institutions that govern them. As mentioned, the first point will involve policing ideals and their relationship to discretionary powers.
Before a prisoner can be released on parole he/she must meet before a parole board. Each prison with a parole system is set up with one of two types of parole services. Service one is the independent model. Like its name says it is independent, independent from any other state agency. Meaning that it’s parole officers do not work for the corrections system. This enables them to be more bias and fair with their decisions. Service two is the consolidated model. This model is ran by the corrections system and is under the direction of the commissioner of corrections. The consolidated model does not give its members the ability to be bias. They have to bite their tongues in some instances as to not ruffle the feathers of those appointed over them. No matter which model is in place if not used correctly it is a failure. In most states the members of the parole board are appointed by the governor and serve a term of...
Throughout history, man has relied on stories to pass along the shared knowledge of their culture and morals. In today’s society, movies fulfill this niche and often provide a mirror into the deeper workings and ethics that influence our modern culture (Rosenstand, 2013). The 1994 film, The Shawshank Redemption, depicts the inner workings of a prison-society in the mid-20th century by following the chronicles of Andy Dufresne’s incarceration. As the story of the Shawshank State Penitentiary in Maine unfolds, several ethical issues become prevalent, providing a platform from which we can evaluate the ethical principles of power and leadership, as well as justice/injustice and the consequences that weave common threads amongst many of this film’s major characters.
Countless versions and cases of judicial discretion have emerged over the years of the judicial system. However, the case of general judicial discretion exists as the category that ends up mistreating many citizens in the U.S. The court system defines judicial discretion as “the inherent power of the judiciary to make legal decisions according to their discretion” (“Dictionary”). This simply means that a judge may adjudicate a case in his courtroom as long as the sentence he gives is within reason (“Dictionary). However, many judges take this out of context and use it to their malicious advantage. The judge can dismiss or overrule a jury if he believes that a stricter, or lighter sentence in necessary. He may choose not only the guilt of the criminal, but he also may decide how long they deserve to be in prison. Many more cases have emerged where judges have given too light o...