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Traditional forms of sentencing
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There are a few benefits to both mandatory sentences and indeterminate sentencing. Mandatory sentences puts everybody on an even playing ground, and sets a standard for the penalty for a given offense. Indeterminate sentencing allows for some discretion in the sentence, it allows factors other than the offenders guilt of whatever crime to be considered during sentencing, ultimately allowing the opportunity for the most effective sentence. They each also have some issues. Mandatory sentences do not take any other factors into account, which can lead to an unjust punishment. Indeterminate sentencing also leads to the possibility that somebody might not get the full punishment they deserve because they could be let out on parole or get time taken off their sentence for good behavior.
Mandatory sentences can be an effective means of dissuasion because people know that they are facing a minimum amount of time just for committing the single crime, and it can only go up from there. It also ensures that people serve their full sentence and do not get off easily because of good behavior or parole. Mandatory sentences can also lead to unjust punishment for crimes because they do not take into account the circumstances and situations
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If their offense was a first time offense or there was mitigating circumstances then those can be taken into account and the sentence more closely matches what the offender truly deserves and needs. It also allows for rehabilitation to be acknowledged and rewarded through early release or parole. That early release or parole can also be a negative of indeterminate because some people might feel that because the offender got out early and did not serve their full sentence that they got off easy, they did not feel the full consequence for their actions, and that the victim did not get full
Criminals are deterred from pleading guilty because minimum sentencing guarantees a harsh punishment, which in turn costs time and money by prolonging court cases. Minimum sentencing should not be mandatory because it is unconstitutional, does not deter crime, and is not cost-effective.
This would again tie into general deterrence because as we talked about in class, a severe punishment would make an example out of the criminal and make other people hesitant to do the same in the future. The idea would be to incapacitate the criminal and make everyone feel safe. However, the problem with incapacitation is that someone will take the place of the criminal. Another way court’s policy decisions are influenced is through their jurisdiction. As we talked about in class a court’s jurisdiction is the physical location it is responsible for, it’s duty and responsibility. There are five levels of courts that each have their own jurisdiction they are responsible for. The five courts from the lowest level to highest level are the following; magistrate, state, district, circuit, and the Supreme Court. As we talked about in class, state court’s jurisdiction would be the state it is located in. While courts like Circuit court’s jurisdiction cover a much larger geographical area. Finally, the Supreme Court’s jurisdiction would cover the entire country and could take cases from any state. As stated in class, an example of jurisdiction would be New Hampshire’s single death row
All in all, intermediate sanctions has been shown to be an effective alternative to prison. The benefits of reducing overcrowding, saving on cost, and giving the offender what they need sure enough makes it worth looking at. Along with that, the options that it provides as far as sentencing gives prosecutor and judges the ability to choose their outcome for most cases. These programs all prove to be all well and good with the exception of some programs like bootcamps but still effective nonetheless.
Mandatory sentencing is not anything new. It began in the 1970s. The main purpose for mandatory sentencing was to try to get rid of the drug lords and to eliminate most of the nation’s street drug selling. It was to impose that the same crime would have the same sentence all over the nation. Some of the negatives that rose from mandatory sentencing were nonviolent drug offenders and first time offenders who were receiving harsh sentences. Inmate populations and correction costs increased and pushed states to build more prisons. Judges were overloaded with these cases, and lengthy prison terms were mandated to these young offenders. Mandatory sentencing is an interesting topic in which I would like to discuss my opinions in going against mandatory sentencing. I will show the reasons for this topic, as well as give you my personal brief on which I support.
In my eyes there are three main questions to be asked about mandatory minimum sentencing: For one, are mandatory minimum sentences fair? I do not mean this in the “Johnny got two cookies and I only got one” type of fair. When referring to fair, I am asking if we are giving our country’s judicial system the freedom to exercise all of their privileges and powers. Also, if compared to less heinous and more heinous crimes, are the mandatory minimums surrounding drug offences unjustly strict? The second question: What is the impact of mandatory minimum sentences on the criminal justice system and jails as a whole? Are other problems being created by mandatory minimums? Finally, I’d like to know what alternatives to mandatory minimums exist, and if they are more or less effective. It is very important to be able to look at angles of this issue and reassess our approach. It would make a lot of sense to change how criminal justice system if it is using outdated and ineffective
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 ...
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.
While that argument may make sense, the resources invested into the penalties actually have a negative impact on everybody who is involved. “Many experts in criminal law feel the multi-decade sentences being handed down today are excessive. "They are absurd, and a waste of time and money," says Roger Williams University's David Zlotnick.” (Norton 3). Because of the fact that it makes no sense to punish non violent felons severely, the valuable resources will go to
Mandatory sentences are laws that provide certain sentences for certain crimes. Having drugs too close to a school, or having
Indeterminate is not only most preferred by judges, but additionally by prison officials. By having an offender with indeterminate sentencing the offender has the possibility of an early release due to good behavior and would have to go in front of a parole board. This
Provide the justifications for punishment in modern society. Punishment functions as a form of social control and is geared towards “imposing some unwanted burden such as fines, probations, imprisonment, or even death” on a convicted person in return for the crimes they committed (Stohr, Walsh, & Hemmens, 2013, p.6). There are four main justifications for punishment and they are: retribution, deterrence, rehabilitation, and incapacitation. There is also said to be a fifth justification of reintegration as well.
Thus, unless the magnitude of the benefits exceeds that of the imposed discomfort, the intervention would not be justified. Here, one could potentially argue that the benefits are limited as there are legal boundaries to a court sentence. For instance, for class A misdemeanor such as assault, a judge can only assign a maximum of one year in prison (Norman-Eady). If the judiciary decisions are within these boundaries, it appears that there is already enough legal regulation to correct discrepancies in judiciary decisions; however, even within these legal boundaries, there are sometimes large discrepancy. For instance, for class A felony such as murder, a judge can order the minimum sentence of 25- years or the maximum sentence of 60-years in prison (Norman-Eady). The difference between two extremes constitute much of a person’s lifetime and would be a significant matter for the defendant. Moreover, one report indicates that there are discrepancies between the judges’ rulings. In similar drug-related cases, where the median sentence was 24-months, some judges were found to order a light 12-month sentence while another was found to order a harsh 64-month sentence. With countless court cases each year, even if the majority were to arrive at similar decisions, there are bound to be extreme cases, where the defendants
There are many reasons supporting that shorter sentences are better than longer sentences. Firstly, some people who were put into prison could commit a crime just because of impulsion. According to a recent research on China Daily says that about 57% of criminal who were investigated are under twenty years old. And only 10% of them of education are higher than primary school. It means that the cause of their crime are not only from themselves but also from the situation of their family, the development of economics and the degree of the society. Perhaps they commit a crime just because of curiosity, the lack of education. Shorter sentences can give them a chance to turn over a new page . After the sentences, they can get more education. So the motivation should be an important standard to judge a crime.
This research seeks to establish whether making the penalty stiff will work in repeating repeat and future offenders. This research is tied to a larger theory that harsh punishments act as a deterrent to crime. They work by making people not commit a crime for fear of the punishment that is going to follow. This research is applicable across many facets of crimes that are rampant. It is going to help identify whether enacting stricter laws and enforcing them helps in reducing the relate...
The criminal justice system is the system of law enforcement that takes an extensive position in prosecuting, defending, sentencing, and punishing those who are suspected or convicted of criminal offenses. It is essential to know the many theories of punishment that the justice system has created in their minds that eventually became a part of society. This paper will analyze the theoretical explanations of punishment and their effect on society by generating an opinion of how each type of punishment deters crime the best and if punishment provides any benefit to the offenders and to society.