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Fairness in the justice system
The five goals of contemporary sentencing
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I believe we can all look at the reasoning behind the formation of the United States Sentencing Commission (USSC) and agree it’s a good idea to have consistent penalties for crimes. Obviously, try to be fair and consistent, is the right thing to do. Many of us grew up with sibling or have children and understand the importance of this. If one child is treated differently, it becomes a big issue. This could also lead to perceived favoritism, or bias. As we know, this also carries into the work place and is seen the same way when bosses treat employees differently. Although these situations can cause us grief, they don’t typically have a long term impact our lives. However, those decisions that do affect us, such as disciplinary action at work or school, are usually covered in policies. For example, if you are late for work more than twice in a twelve month period you are subject to disciple. For your first occurrence, you will receive a Written Reprimand, which will stay on your record for two years. If you receive a second occurrence within the two years, you will receive a one day suspension without pay; and so on. These rules are established to ensure everyone is aware of the rules and that discipline is administered fairly and consistently. …show more content…
Due to large discrepancies and varying opinions on crimes, the USSC was established in 1984. By November of 1987, the USSC had introduced the sentencing guidelines. These guidelines are an attempt to prevent the large discrepancies within the criminal justice sentencing and remove the opinions of judges based on their own perceptions and
One of the problems with the law is its principle of removing judicial discretion. This severely hinders a judge's ability to make a punishment fit the crime. While some felons deserve life in prison, it is unfair to create a standard that would force judges to sentence offenders to life imprisonment for relatively minor crimes.
Families do not receive the privilege to see their family members again so to equal out the justices, the one that has committed the crime should get the punish they deserve. Just in record, the death penalty will do no good because they will never have the time to think about what they did. They should serve jail time a minimal of ten years with no parole. Let’s us start by education are children in a young age of what is right and wrong and we can make a
Parole is a controversial issue because its vase ways to debate the challenges and problems that will exist. It’s like a side effect to medication based on one’s effectiveness belief. In like manner, the public media allows others who aren’t immediately effected to become tertiary, and secondary victims. It is the door to open opinions. An inmate is released from a sentence given parole and then assigned a parole and probation officer. The one thing that will make probation and parole successful is the supervision of the program and rehabilitation or residential treatment center. This will support the goal to maximize the good behavior and minimize the harmful behaviors of individuals. Probation is a good program because it’s a form of rehabilitation that gives inmates elevate space to obey rules and regulations. On the contrary, probation is risky just like any new diet plan that people use to
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
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.
As stated above, the idea of punishing crimes differently based on the victim might make some people or groups feel as if others are more prot...
“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 disparity refers to the differences in sentences that are passed down in the same instances. This can happen on a variety of fronts. It can occur with judges, in different states, states v. federal, different prosecutors, among different victims, etc. (Criminal – Sentencing…2017 p.4) A more specific definition from USLegal.com states that, “Sentence disparity refers to an inequality in criminal sentencing which is the result of unfair or unexplained causes, rather than a legitimate use of discretion in the application of the law.”. There are a variety of ways that sentencing disparity affects the justice system. There are three factors that disparity looms around; they are gender disparity, racial disparity, and age disparity. (4
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.
The Sentencing Project. (2008). Reducing Racial Disparity in the Criminal Justice System: A Manual for Practitioners and Policymakers. Retrieved from http://www.sentencingproject.org/doc/publications/rd_reducingracialdisparity.pdf
Is there a difference between someone with a terminal illness and someone that has to die under the law? Carlos Musso, a doctor who participated in state of Georgia 's execution through lethal injection, says “A death penalty patient is no different from a patient dying of cancer- except his cancer is a court order.” The underlying results is death, and Carlos Musso ethnically believes, “When we have a patients who can no longer survive his illness, we as physicians must ensure he has comfort.”, which seems to fit the idea of AMA’s standards that physicians are “healers” in the aspect of relieving a patient’s suffering. The 8th amendment supports that lethal injection is a less punishing form of execution and require doctors to carry out a this more healing procedure. However, the American Medical Association (AMA) has set one standard that bans “a physician from participating in any legally authorized execution.”, which ultimately encourages physicians to leave possible
Ward, G., Farrell, A., & Rousseau, D. (2009). Does racial balance in workforce representation yield equal justice? Race relations of sentencing in federal court organizations. Law & Society Review, 43(4), 757-806. doi:10.1111/j.1540-5893.2009.00388.x
When I was a kid, my parents would ground me for playing too many video games--they tried to make me go to video game rehab, but I said no, no, no! It didn’t stop me from gaming, because my parents couldn’t catch me button mashing my XBOX controller while they were at work, or on my TI-83 while at school, or playing 2048 in the bathroom. The issue was instead of telling me why I shouldn’t be playing, they went right to punishment. And just as my parents style of punishment over rehab didn’t change my behavior, our State and Federal prison system isn’t keeping XBOX controllers out of inmate 's hands… that’s a metaphor. But this problem is no joke. With over a third of released prisoners arrested again within six months of their release, and,
Sentencing models are plans or strategies developed for imposing punishment for crimes committed. During the 19th century these punishments were normally probation, fines and flat sentences. When someone was given a flat sentence, he or she had to serve the entire sentence without parole or early release. However, by the end of the 19th century the new models were developed. These new models include indeterminate, determinate, advisory/voluntary guidelines, presumptive and mandatory minimum sentencing (Schmalleger & Smykla, 2011).
For my constant rule breaking I have to write reflection paper relating to the charges I have been found responsible for, reflecting on my conduct and how this has affected my experience at UMBC. I also have been put on Residential life probation where any other violation of any university policies and Rules will likely result in the termination of your on-campus housing, this will last until March 18, 2016. I see being on probation being the most serious of the punishments I’ve been issued. On a lighter note, I have to complete a judicial educator on-line, which I would say is the least serious of my punishments. These consequences have shown me that my actions and bad behavior are not worth the punishments that I will receive, and this will never change for breaking residential rules here at