Sentencing Proposal for the Case of State vs. Students Essay

In the United States there are four main goals when it comes to punishment which are retribution, deterrence, incapacitation, and rehabilitation (DeJong, 2016, p. 288). The main goals for these punishments are to maintain order over society and to prevent recidivism (DeJong, 2016, p. 288). This ties into the Ecology perspective. By maintaining order over society and preventing recidivism, it ties into all of the issues regarding the Ecology perspective which requires for each issue to address the individual, family, community and society. Maintaining order over society and preventing recidivism strives toward making a safer environment for the individual, family, community and society. There is no universal agreement for making the severity of punishment just or fair (DeJong, 2016, p. 288). When it comes to retribution the person who is getting punished deserves the punishment (DeJong, 2016, p. 289). Retribution refers to when an individual commits a certain crime then that person must receive a punishment proportionate to that crime or suffering that they may have caused towards the victim (DeJong, 2016, p. 289). Regarding deterrence there are two types, general deterrence and specific deterrence (DeJong, 2016, p. 289). General deterrence focuses on the society in general and wants to scare everyone away from committing crimes (DeJong, 2016, p. 289). Specific deterrence focuses on criminals that have already been convicted and wants to prevent them from

In the United State we have many systems, like all others, it is separated the use of some irrelevant or untrustworthy evidence. The system that I am referring to and the one that we will be discussing in this paper is the exclusionary rule. It is the introduction of a good evidence, that it is obtained by a bad law enforcement, is most common in the United State than other countries legal system. To put it in other words, the exclusionary rule is controversial. Therefore, many experts say that it sets criminals free on minor points. In this paper, I will speak about the pros and cons of the exclusionary rule, how it is effecting the criminal justice system of the United State. In addition, I will speak and summarize the case of Pennsylvania Board of Probation and Parole v. Scott from 1998, this will be a great example of the exclusionary rule and the effects about them. Furthermore, I will show how this case was important with the Exclusionary Rule, and my opinion on the matter.

assistance of council, and procedural bars, venue, and jury selection, as well as potential racism by jurors. According to ( Tabak, 1999) “these reasons apply in cases in which the death penalty may be sought.” When illustrating the use of prosecutorial discretion two crime types that can be

I am the Assistant Deputy In Charge of the high threat capital murder case of U.S. vs. Ricky Fackrell and Christopher Cramer currently underway in Beaumont, TX. Both defendants are federal inmates and members of the violent prison gang Soldiers of Aryan Culture. These defendants are accused of stabbing another inmate at least 68 times, inflicting mortal wounds to the victim. During the course of this trial, both inmates have made spontaneous outbursts during the trial and veiled threats towards prosecutors and prosecution witnesses. These defendants are considered extremely violent, as defendant Fackrell has an additional murder charge pending, where he is accused of stomping the head of another inmate, causing that inmate to enter a vegetative

Ladies and gentlemen of the jury, we are gathered here today not to assess whether these men, Richard Hickock and Perry Smith, are guilty of their crimes; they have confessed and there is overwhelming evidence against them. No, today we are here to determine how they will pay for taking the lives of four innocent people, the Clutter family. My role here is to argue that these men should pay for their crimes with their lives. This is not merely a matter of opinion; this is what should be done according to the law of the great state of Kansas. Using evidence that the criminals themselves have provided, I shall prove to you that these men deserve to get the death penalty

These horrible murders justify issuing the maximum penalty. State law says that murder in the first degree is punishable by life in prison or death. They went through the house, killing without remorse causing so much bloodshed. They stole, killed, and ran away from the consequences. "But," Green went on, "I see nothing to be gained by arguing the

A rising controversy surrounding our justice system is whether or not racial disparity exists when sentencing. Early studies concluded that racial disparity in sentencing was a result of discrimination (Spohn, Gruhl & Welch, 1981). For decades, these disparities in sentencing have led to considerable empirical research, and helped to shape major policy changes (Starr & Rehali, 2013). In this paper, existing research focused on whether there are sentencing disparities between Caucasians and minorities will be presented. This paper will also examine whether there is evidence of a biased justice system or are minorities simply just more involved in crime.

What has society done about reforming sentencing laws in order to reduce the incarceration population? The fair sentencing Act which was signed by president Obama has helped reduce the number of inmates impacted by mandatory minimum sentencing by “reducing the disparity in the amounts of powder cocaine and crack cocaine required for the imposition of mandatory minimum sentences and eliminates the mandatory minimum sentence for simple possession of crack cocaine, it also increases penalties for major drug traffickers” (White House 2010). What the Act did was changed the ratio of Crack cocaine v Cocaine from 100:1 to 18:1 (U. S. Department of Justice 2010). This Act is beneficial because it

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

A 16 year old boy is at the peak of their adolescent life, learning and discovering about puberty, maturity, right and wrong and future life goals. On the other hand, a man of 25 has matured, lived long enough to have made both good and bad judgments and has already been in the process of achieving those life goals they once thought of as a teenager. In a given situation, is it ethical to hold these two age groups, with mentalities that are worlds apart, to the same standards and punishments in the justice system? Until Roper v. Simmons in 2005, the justice system did just that, treat the actions of 16 year old with the same consequences as if they had been committed by an adult. In Roper v. Simmons the United States Supreme Court declared

Judicial discretion was prevalent over the first half of the last three decades, but has been regulated by legislature since 1984. Discretion by definition is the authorization of deciding as one thinks fit, absolutely or within limits (Ntanda, 1999). Indeterminate sentencing, traditionally, has afforded judges considerable discretion over the resolve of criminal sentencing. “While such discretion theoretically allows judges to tailor sentences to the circumstances of individual crimes and criminals, thereby achieving a sort of ex post fairness, it also permits variation in sentences that may not be warranted by the observable facts of the case, reflecting instead the judge’s own preferences” (Miceli, 2008, p.207). The punishment

Each year in America many people received prison sentences for crimes that pose little if any danger or harm to our society. Mandatory Minimum Sentencing in the American Justice System has long been argued by both Lawmakers and the public. We will go over some of the history of mandatory minimum sentences as well as the many pros and cons to these types of sentences. Some examples of pros and cons are the overall effect on public safety, the effect on the offenders, the cost to taxpayers, the lack of discretion for Judge’s, and whether the law should be repealed.

For centuries governments have acted on behalf of society removing and punishing criminals with the goal of protecting its citizens. Criminals were arrested and locked-up in jails awaiting their sentencing. Once sentenced, they were publically humiliated, tortured, or killed. Early forms punishments were cruel and mostly focused on retribution.

The Different Aims of Sentencing There are a number of reasons why a society punishes offenders. These include, among others, to discourage the offender from committing further crimes (individual deterrence), to help the offender, so that he or she won’t offend again (rehabilitation), to prevent the offender from committing further crimes through imprisonment (incapacitation) and to show society’s disapproval of the crime (denunciation). Retribution is to punish on the premise that it is a payback for the offence (Retribution carries with it the notion of “Do the crime, do the time”) Reparation is aimed at compensating the victim of the crime usually by ordering the offender to pay order to

"Any court dealing with an offender in respect of his offense must have regard to the following purposes of sentencing" retribution, denunciation, incapacitation, deterrence, rehabilitation and reparation which will all be discussed in this essay.