In 1983, a young man named Michael was brought before a Pennsylvania court on a charge of armed robbery: he stole $50 from a taxi driver using a toy gun. A few days later he was arrested and was subsequently convicted. Although the trial judge sentenced Michael to 6 months in prison and required that he repay the $50, the prosecutor demanded the 5 year minimum sentence required by state law. The trial judge ruled the mandatory sentencing law unconstitutional, and Michael served his prison time and repaid the money. Four years later, the state supreme court ordered the trial judge to sentence Michael to 5 years in prison. The trial judge refused and resigned. The judge to whom the case was reassigned permitted Michael to remain free pending another appeal to the state supreme court. Michael realized the futility of his cause in court and quietly disappeared, and he remains at large today.
Recently, one of the most popular proposals in the effort to get tough on crime has been the "three-strikes-and-you're-out" proposal. This law, which is already in effect in Washington state and California, requires that offenders convicted of three violent crimes be sentenced to life in prison without parole. This proposal has received broad-based support from federal and state politicians including President Bill Clinton, Senator Bob Dole, and Governor Mario Cuomo. The law is based on the idea that the majority of felonies are committed by 6% of "hard core" criminals, and that crime can be reduced by getting these criminals off the streets. Unfortunately, the proposal fails to take into account several major flaws in the law and its implementation.
The first problem the proposal is its principle of removing judicial discretion, severely hindering a judge's ability to make the punishment fit the crime. One man in Washington is faced with life in prison if convicted of his third felony: stealing $120 from a sandwich shop by putting his finger in his pocket and pretending to have a gun. His prior two convictions were for similar crimes. While it is certainly true that some incorrigible felons deserve life in prison, it is patently unfair to create a sweeping standard that would force the courts to sentence offenders to life imprisonment for relatively minor crimes. The three-strikes law gives a judge no discretion in cases like that of the Washington man, or Michael.
Facts: On July 29,2003 Detective Jason Leavitt was doing his usually undercover work, dressed in all black with twenty on dollar bill hanging out his pocket. Leavitt was then approached by the Miller (defendant) asking him for money. The detective refused to give him the money, in return the appellant put his arm around the detective’s neck taking the cash out of his front pocket. The arrest time the pulled up and took Miller into custody and charged him with larceny. Miller was convicted, and sentenced by the district courts to spend up to thirty two months, but no less than 12 months in jail.
One of the most controversial laws in the efforts to reduce crime has been the "three-strikes" laws that have been enacted. This law, which is already in twenty-seven states, requires that offenders convicted of three violent crimes be sentenced to life in prison without chance of parole. The law is based on the idea that the majority of felonies are committed by about 6% of hard core criminals and that crime can be eliminated by getting these criminals off the streets. Unfortunately, the law fails to take into account its own flaws and how it is implemented.
The French Revolution was a period of political upheaval that occurred in France during the latter half of the 18th century. This revolution marked an end to the system of feudalism and the monarchy in France and a rise to democracy and new Enlightenment ideas. By 1789, when the revolution began, France was in a deep financial crisis due to the debt they had obtained over many years of reckless spending and France was nearly bankrupt. These financial issues fell almost completely on the bottom social class or the Third Estate which made up a majority of the country. Because of this financial trouble the common people were heavily taxed leaving many of them in poverty. In addition to the economic issues, France also held an Estate System that led to heavy
In California, the most notable reasons for this law were promoted by Fresno resident, Mike Reynolds. In 1992, his daughter was attacked and murdered by two men whom were parolees. The gunman was killed in a shoot-out with police, while the other offender only received a nine year prison sentence. This outraged many, including Mr. Reynolds. He then approached two democratic assemblymen, then they drafted the first three strikes bill, which was defeated. Mr. Reynolds kept campaigning to help pass this bill. He soon got most of his backing from another case, the Polly Klaas case. In this incident a twelve-year old girl was abducted from her bedroom in San Francisco and murdered by Richard Allen Davis. Davis had a lengthy criminal history, and had been released from prison bore he committed this heinous crime. This very case became the public’s main tool in wanting to put an end to “career criminals.” So, in 1994 the bill was finally pas...
Some unusual scenarios have come about due to these laws, particularly in California; some defendants have been given sentences of 25 years to life for such petty crimes as shoplifting golf clubs or stealing a slice of pizza from a child on the beach or a double sentence of 50 years to life for stealing nine video tapes from two different stores while child molesters, rapists and murderers serve only a few years. As a result of some of these scenarios the three strikes sentences have prompted harsh criticism not only within the United States but from outside the country as well (Campbell). Many questions have now arisen concerning the “three strikes” laws such as alternatives to incarceration for non-heinous crimes, what would happen if the state got rid of “strikes” and guaranteed that those convicted of a serious crime serve their full sentence? It is imperative to compare the benefits and the costs and the alternatives to incarceration when de...
What is scoliosis? Scoliosis is a musculoskeletal disorder that causes the back to curve sideways like and “S” or a “C” and cause the body to lean to one side. Scoliosis can eventually if not looked into and not treated colid with your bodily organs like your heart, lungs, and kidneys. This can cause you to slump down into a hump and cause it hard to breath and do physical activity.
The best solution to an increase in crime rates in New Mexico would be to implement a stronger three strikes law because putting the repeat offenders behind bars for committing the violent crime that is dangerous to the society, which is one step closer to improving the problem. The tougher three strikes law would have the mandatory longer prison time for the criminals which is definitely needed to reform the three strikes law in New Mexico. However, if we do not happen to make the three strikes law tougher in New Mexico, we will significantly see an increase in the violent crime rate in the future which might become difficult to control later as it will become so wider than before. I believe it is still better to make the law harsher because
The history of Scientology shows its persistence to keep their members with the promise of spiritual enlightenment. Scientology was founded in the mid-twentieth century by renowned science-fiction author L Ron Hubbard. (Sweeney) The basic foundation of the church stems from the ideas of his best-selling book, Dianetics: The Modern Science of Mental Health. (Anderson) Dianetics was published on May 9, 1950, and the date would become recognized among Scientologists as a religious holiday. Hubbard claimed that the discovery of the science of dianetics is “a milestone for Man comparable to his discovery of fire and superior to his inventions of the wheel and the arch” (Reitman 58). The book’s ideas encourage humanity to rid the individual of any of their mental weaknesses (18). It went on to make its way up the bestseller list by the summer o...
Mass incarceration has caused the prison’s populations to increase dramatically. The reason for this increase in population is because of the sentencing policies that put a lot of men and women in prison for an unjust amount of time. The prison population has be caused by periods of high crime rates, by the medias assembly line approach to the production of news stories that bend the truth of the crimes, and by political figures preying on citizens fear. For example, this fear can be seen in “Richard Nixon’s famous campaign call for “law and order” spoke to those fears, hostilities, and racist underpinnings” (Mauer pg. 52). This causes law enforcement to focus on crimes that involve violent crimes/offenders. Such as, gang members, drive by shootings, drug dealers, and serial killers. Instead of our law agencies focusing their attention on the fundamental causes of crime. Such as, why these crimes are committed, the family, and preventive services. These agencies choose to fight crime by establishing a “War On Drugs” and with “Get Tough” sentencing policies. These policies include “three strikes laws, mandatory minimum sentences, and juvenile waives laws which allows kids to be trialed as adults.
Today, half of state prisoners are serving time for nonviolent crimes. Over half of federal prisoners are serving time for drug crimes. Mass incarceration seems to be extremely expensive and a waste of money. It is believed to be a massive failure. Increased punishments and jailing have been declining in effectiveness for more than thirty years. Violent crime rates fell by more than fifty percent between 1991 and 2013, while property crime declined by forty-six percent, according to FBI statistics. Yet between 1990 and 2009, the prison population in the U.S. more than doubled, jumping from 771,243 to over 1.6 million (Nadia Prupis, 2015). While jailing may have at first had a positive result on the crime rate, it has reached a point of being less and less worth all the effort. Income growth and an aging population each had a greater effect on the decline in national crime rates than jailing. Mass incarceration and tough-on-crime policies have had huge social and money-related consequences--from its eighty billion dollars per-year price tag to its many societal costs, including an increased risk of recidivism due to barbarous conditions in prison and a lack of after-release reintegration opportunities. The government needs to rethink their strategy and their policies that are bad
To begin, Mandatory minimum sentences result in prison overcrowding, and based on several studies, it does not alleviate crime, for example crimes such as shoplifting or solicitation. These sentencing guidelines do not allow a judge to take into consideration the first time offender, differentiate the deviance level of the offender, and it does not allow for the judge to alter a punishment or judgment to each individual case. When mandatory sentencing came into effect, the drug lords they were trying to stop are not the ones being affected by the sentences. It is the nonviolent, low-level drug users who are overcrowding the prisons as a result of these sentences. Both the U.S. Sentencing Commission and the Department of Justice have determined that mandatory sentencing is not an effective way to deter crime. Studies show that mandatory minimums have gone downhill due to racial a...
Scientology is a religion that is becoming more and more popular and known. One of the reasons for this is the amount of press it gets. One of the biggest churches for scientology is located in LA this could result in the amount of celebrities involved in this religon. There is also a great amount of controversy concerning this religion. After taking this world religions class I have come to learn that this controversy is true with all religions.
Juvenile crime in the United States is ballooning out of control along with adult crimes, and politicians and law enforcement officials don’t seem to be able to do anything about it. Despite tougher sentencing laws, longer probation terms, and all other efforts of lawmakers, the crime and recidivism rates in our country can’t be reduced. The failure of these recent measures along with new research and studies by county juvenile delinquency programs point to the only real cure to the U.S.’s crime problem: prevention programs. The rising crime rates in the United States are of much worry to most of the U.S.’s citizens, and seems to be gaining a sense of urgency. Crime ranks highest in nationwide polls as Americans’ biggest concern (Daltry 22). For good reason- twice as many people have been victims of crimes in the 1990s as in the 1970s (Betts 36). Four times as many people under the age of eighteen were arrested for homicide with a handgun in 1993 than in 1983 (Schiraldi 11A). These problems don’t have a quick fix solution, or even an answer that everyone can agree on. A study by the Campaign for an Effective Crime Policy has found no deterrent effects of the “Three Strikes and You’re Out” law recently put into effect by politicians (Feinsilber 1A). It has been agreed however that there is not much hope of rehabilitating criminals once started on a life of crime. Criminologist David Kuzmeski sums up this feeling by saying, “If society wants to protect itself from violent criminals, the best way it can do it is lock them up until they are over thirty years of age.... I am not aware of any treatment that has been particularly successful.” The problem with his plan is that our country simply doesn’t have the jail space, or money to ...
Scientology, founded in 1950 (Hubbard. What is. 3), "is an applied religious philosophy" (Hubbard. What is. 4), which is a branch of psychology (Fundamentals. 7). Developed by Lafayette Ron Hubbard, Scientology was created "from discoveries resulting from Hubbard's research into the mind and life" (Fundamentals. 11). Hubbard claimed that "Scientology is for the betterment of man" (Fundamentals. 117), and that Scientology can be used by an average person to bring better order to their life (Fundamentals. 8). Hubbard claimed that Scientology "improves the health, intelligence, ability, behavior, skill and appearance of the average person" (Fundamentals. 8). One of the most fundamental ideas in Scientology is the belief that the individual man is divisible into three parts (Hubbard. What is. 5-6): The Mind, the Body and the Thetan. Hubbard believed that the Thetan, or personality of a person, "is separable from the rest of the mind at will, and without causing bodily death or mental derangement" (Fundamentals. 5-6).
“I am convinced that imprisonment is a way of pretending to solve the problem of crime. It does nothing for the victims of crime, but perpetuates the idea of retribution, thus maintaining the endless cycle of violence in our culture. It is a cruel and useless substitute for the elimination of those conditions--poverty, unemployment, homelessness, desperation, racism, greed--which are at the root of most punished crime. The crimes of the rich and powerful go mostly unpunished.”