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The positives and negatives of the three strike law
3 strikes law flaws
Theory of sentencing
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In the United States there are two types of sentencing a judge can give a person when they are proven guilty of a crime and these two sentencing are determinate and indeterminate. Now each one of these sentences are put in place in order to determine if a person is going to spend a few months or several months in prison or several years in prison. Now a determinate sentence is considered a type of sentence where an offender has received a fixed term in prison or jail and it cannot be changed by a parole board or any other agency but they can get out for earn time. Fortunately, this sentence gives the judge a mandatory minimum sentencing guideline where they can consider some individual circumstances. Unlike, determinate sentencing indeterminate …show more content…
Fuhrman illustrates a determinate sentencing structure because he was sentenced to a prison term of fifty-eight years to life which means he will not be getting out of prison early. Unfortunately, I feel that the case of Ewing v. California should have been an indeterminate sentencing because he committed a nonserious, nonviolent crime, but unfortunately under the Three Strike law of California he was sentenced to twenty-five years to life because he was a repeat offender. Unfortunately, determinate sentencing is the more serious sentencing of the two sentencing because with an indeterminate a person does not have to serve out their entire time. Therefore, a lot of states decided to go to a determinate sentencing structure rather than an indeterminate sentencing structure because when it came to the truth in sentencing laws indeterminate sentencing never truly represented the time a person would actually serve in jail or prison. Therefore, it was felt that they were not truly being punished for their crime because a lot were getting out of prison or jail early for good behavior and becoming repeat offenders. Furthermore, it was determined that depending upon the type of crime they committed for what kind of sentencing they would get because a lot of states still have both types of
For a majority of the 20th century, sentencing policies had a minimal effect on social inequality (Western and Pettit 2002). In the early 1970s, this began to change when stricter sentencing policies were enacted (Western and Pettit 2002). Sentencing laws such as determinate sentencing, truth-in-sentencing, mandatory minimum sentencing, and three-strikes laws were enacted with the purpose of achieving greater consistency, certainty, and severity in sentencing (National Research Council 2014). Numerous inequalities involving race, ethnicity, gender, and socioeconomic status have generated an unprecedented rate of incarceration in America, especially among minority populations (Western and Pettit 2010). With numerous social inequalities currently
When an offender is sentenced to imprisonment, post sentencing considerations must be made based on an evaluation of the individual and this will determine the manner in which the prison sentence is served. Post sentencing considerations include security classifications, parole and continued detention orders. These offer different levels of incapacity, accessibility of rehabilitation programs and incentives for good behaviour, and are implicated in order to achieve justice through upholding the rights of the victim, the offender and the wider community.
The three-strikes law is defined as “judges sentence offenders with three felony convictions (in some states two or four convictions) to long prison terms, sometimes to life without parole (Cole 2014). The purpose of the three strikes law includes is incapacitation and deterrence (Cole 2014). The purpose of a sentencing and the goals of punishment ideally are meant to correspond to each other. The goals of punishment include retribution, deterrence, incapacitation, rehabilitation, and restorative punishment (Cole 2014). Deterrence is broken down into either specific or general deterrence. General deterrence is defined as punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenses”. Specific deterrence is defined as “punishment inflicted on criminals to discourage them from committing future crimes”. Lastly, incapacitation is defined as “depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison” (Cole 2014). Two empirical articles research the effectiveness of the three strikes law on crime trends, the impact the law has on population prisons, effect on a prisons budget,
Belshaw, S. H., Caudill, J. W., Delisi, M., and Trulson, C. R. (2011). A Problem of Fit: Extreme Delinquents, Blended Sentencing, and the Determinants of Continued Adult Sanctions. Criminal Justice Policy Review. 22(3) pp. 263
The criminal justice system has been in place the United States for centuries. The system has endured many changes throughout the ages. The need for a checks and balances system has been a priority for just as long. Federal sentencing guidelines were created to help create equal punishments among offenders. Judges are given the power of sentencing and they are not immune to opinions, bias, and feelings. These guidelines are set in place to allow the judge to keep their power but keep them within a control group of equality. Although there are a lot of pros to sentencing guidelines there are also a lot of cons. Research has shown that sentencing guidelines have allowed the power to shift from judges to prosecutors and led to sentencing disparity based on sex, race, and social class.
The goal of the indeterminate sentencing style was to get offenders to earn their release time by exhibiting good behavior while incarcerated. The release of the offender was dependent upon their conduct while behind bars and if they were deemed rehabilitated or not. The release dates are determined by a review conducted by the parole board. If it is believed that an offender had
“The Federal Sentencing Guidelines Manual states that one of the three objectives Congress sought to achieve in enacting the Sentencing Reform Act of 1984 was “reasonable uniformity” in sentencing by narrowing the wide disparity in sentences imposed for similar criminal offenses committed by similar offenders (Spohn, 2013).”
Sentencing is the punishment given to a person convicted of a crime. A sentence is ordered by the judge, based on the verdict of the jury (or the judge's verdict if there was no jury) within the possible punishments set by state law (or Federal law in convictions for a Federal crime).The primary goals of sentencing are punishment, deterrence incapacitation and rehabilitation. Juries maybe entitled to pronounce sentences but in most circumstances sentencing is performed by the judge.
Mandatory minimum sentencing is the practice of requiring a predetermined prison sentence for certain crimes. The most notable mandatory minimums are the ones implemented in the 70’s and 80’s, hoping to combat the rising drug problem. Mandatory minimum sentencing has existed in the United States nearly since its very birth, with the first mandatory minimums being put into place around 1790. Recently, as the marijuana laws of many states have scaled back in severity, the issue of mandatory minimums has caused controversy in the US. There are two distinct sides to the argument surrounding mandatory minimum sentencing.
"Too many Americans go to too many prisons for far too long, and for no good law-enforcement reason … Although incarceration has a role to play in our justice system, widespread incarceration at the federal, state and local levels is both ineffective and unsustainable. . . We need to ensure that incarceration is used to punish, deter and rehabilitate – not merely to convict, warehouse and forget"(Holder). Former Attorney General Eric Holder does not dispute that prisons play an important role in the justice system. He believes that along with punishing the inmate’s prisons should provide them with rehabilitation. With the already overpopulated prison system across the US there should be alternative for lesser nonviolent offences.
The aims of sentencing include punishment, deterrence, rehabilitation, denunciation and protection. Punishment is used to punish the offender for their wrong conduct to an extent and in a way that is just in all circumstances and is intended to show public abhorrence from the offence. An example of a sentencing option that may be used to punish an offender includes imprisonment. A recent sentence imposed in the Tasmanian Supreme Court aimed at punishing an offender is the case of Michael Robert Keeling v State of Tasmania in which the judge needed to balance the need to punish the offender and the need to deter him and others from such conduct while keeping the best interests of the community in mind. Deterrent sentences are aimed at deterring not only the offender from further offences but also potential offenders. Specific deterrence is concerned with punishing an offender in the expectation they will not offend again whereas general deterrence is related to the possibility that people in general will be deterred from committing crime by the threat of punishment. An example of ...
A great disparity existed between judges; some were lenient while others were stricter this inconsistency led to sentencing disparity between judges. In response to concerns that judges were introducing unnecessary disparities in sentencing mandatory Federal Sentencing guidelines were set in place to create a uniform policy containing a fair and consistent sentencing range for convicted Federal defendants regardless of race, gender or class.
According to the National Institute of Justice truth in sentencing refers to a range of sentencing practices that aim to reduce the uncertainty about the length of time that offenders must serve in prison. Throughout the United States, there has been much legislative activity related to truth in sentencing. “The Truth in Sentencing movement began in 1984 during the extreme overcrowding crises that plagued America during the 1980s and 1990s” (Timothy S. Carr 2008). There were a few discrepancies between the sentence imposed by the judge and the amount of time the offender served in prison. TIS was put in affect to seek the disagreement. States were encourage by the federal government to increase the use of incarceration. If states decided to increase their incarceration they were funded a federal grant to construct, develop, expand, or improve correctional facilities in order to ensure that prison cell space was available for confinement of offenders. There were federal efforts to motivate prisons to increase their incarceration to earn the federally funded grant through two programs called The Violent Offender Incarceration and Truth-in-sentencing (TIS). To receive VOI funding, States needed to give assurance that it will implement policies that guaranteed that violent offender serve majority of their sentences and also guarantee that the time serve was respectively related to the offender’s status and to keep the public safe.
Indeterminate sentencing involves the judge handing down the sentence, specifying what the maximum and the minimum sentence is. However, the actual length of time served is determined by the parole board. Determinate sentencing involves prisoners being released early for good behavior. In other words, these inmates are given credits for good behavior or for participation in projects, experiments or educational programs (Schmalleger & Smykla, 2011). The credits, in turn, reduce the sentencing.
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.