concise Analysis of The criminal justice system Essay

Pages: 11 (3224 words)  ·  Bibliography Sources: 0  ·  Level: Other  ·  Topic: Criminal Justice

SAMPLE EXCERPT:

[. . .] Found with either

• 100 to 999 g of heroin

• 500 to 4999 g of cocoa leaf

• 10 to 99 g of PCP

• 1 to 9 g of LSD

• 100 to 999 plants of marijuana

• 50 to 499 grams of methamphetamine or its mixture

Shall serve a minimum jail term of at least 10 years or pay a fine of between 10 and 50 million dollars as deemed fit by a judge.

Found with:

• Less than 100 g of heroin

• Less than 500 g of cocoa leaf

• Less than 10 g of PCP

• Less than 1 g of LSD

• Less than a hundred plants of marijuana

• Less than 50 g of methamphetamine or its mixture

Shall serve a minimum jail term not exceeding 20 years or pay a fine of between 1 and 5 million dollars as deemed fit by a judge.

b) For second time offenders

Found with either:

• 1 Kg of heroin or more

• 5 Kg of cocoa leaf or its derivatives or more

• 100 g of PCP (Phencyclidine) or more

• 10 g of LSD (lysergic acid diethylamide) or more

• 1,000 plants marijuana or more

• 500 g of methamphetamine or its mixture

Shall serve a minimum jail term of twenty years to life behind bars or pay a fine of between 20 and 100 million dollars as deemed fit by a judge.

Found with either

• 100 to 999 g of heroin

• 500 to 4999 g of cocoa leaf

• 10 to 99 g of PCP

• 1 to 9 g of LSD

• 100 to 999 plants of marijuana

• 50 to 499 grams of methamphetamine or its mixture

Shall serve a minimum jail term of at least 15 years or pay a fine of between 10 and 50 million dollars as deemed fit by a judge.

Found with:

• Less than 100 g of heroin

• Less than 500 g of cocoa leaf

• Less than 10 g of PCP

• Less than 1 g of LSD

• Less than a hundred plants of marijuana

• Less than 50 g of methamphetamine or its mixture

Shall serve a minimum jail term not exceeding 3 years or be sentenced to community service and compulsory admission to a drug rehabilitation center recommended by the state.

For a criminal under the age of sixteen (a juvenile) who is living under the care of his or her parents or guardians and knowingly possesses or sells an illegal or controlled substance, his or her penalty shall be as follows:

a) For the first time offender

The penalty is a minimum of five years in a juvenile rehabilitation institution if the worth of the illegal or controlled substance exceeds half a million dollars.

If the juvenile is found to be in possession of or to have sold an illegal substance (s) with a value of over two million dollars, he or she shall be convicted to jail term of not less than seven years in a juvenile correctional facility.

If the illegal substance is worth over five million dollars then the juvenile shall be sentenced to a minimum of 10 years behind bars in a juvenile prison.

b) For the second time offender

The penalty is a minimum jail term of not more than three years of community service and a mandatory admission to a state recommended drug rehabilitation center if the second-time offender is found guilty of possessing drugs or selling drugs worth over half a million dollars.

If the drugs are of a value of more than two million dollars then offender shall be sentenced to a prison term of not more than five years with mandatory admission to a state recommended drug rehabilitation center.

If the drugs are worth more than five million dollars then the offender shall be sentenced to a prison term of seven years or a fined a value between one and two million dollars with mandatory admission to a state recommended rehabilitation center.

Weapons Possession

It is an offense to:

1) Possess any type of gun, a ballistic knife, a gravity knife, metal knuckles, any type of sword or any other deadly weapon or instrument with the intention of causing a person or persons bodily harm or death.

2) Possess any type of firearm or rifle if you have been convicted of a known felony or any other serious offense.

3) Possess a deadly weapon if you are not a United States citizen or legal resident who has been legally certified to carry such a weapon.

4) Intentionally or knowingly possess an unused firearm bullet that can detonate upon impact.

It is also an offense if you recklessly, knowingly or intentionally carry on your person a ballistic knife, a club, a firearm, or any other deadly weapon if:

1) One is not at a property that he or she owns or controls

2) One is not en route to a watercraft, aircraft or motor vehicle owned or controlled by that individual.

It is also unlawful to recklessly, knowingly or unintentionally carry on your person a ballistic knife, a club, a firearm or any other deadly weapon in a vehicle, aircraft or watercraft owned by you if:

1) The firearm is in plain view, unless one is licensed to carry that gun under Subchapter H, Chapter 411, Government Code, and that the weapon is carried in a belt or shoulder holster.

2) You are engaged in a serious criminal activity (other than a class C misdemeanor that is a violation of rules or laws regulating boating and road traffic).

3) You are prohibited by a court or by law from carrying a deadly weapon

4) You are a member of any criminal gang.

Within this jurisdiction, the possession of a weapon is a fourth degree misdemeanor and the penalties for this offense are:

An individual found guilty by court of law of the offense of possessing a weapon with the intention of punishing or causing another person bodily harm shall be fined a sum of not less than ten thousand dollars or sentenced to serve a prison sentence of not less than five years behind bars or both. If, on the other hand, the individual is found guilty of simply possessing a weapon, he or she shall serve a jail term not exceeding two years in a juvenile prison.

If an individual under the age of 16 (a juvenile) is found to be in possession of a deadly weapon the penalty is probation for a period of two years. If the juvenile fails to comply with the terms set in the probation he or she shall serve a jail term of not more than twelve months in a juvenile prison.

For the purpose of this section of the penal code:

A firearm is any item or instrument designed to propel a projectile (normally a bullet) by force as a result of the burning of substances in a chamber inside the instrument. And a knife is any bladed instrument that can be used to cause serious bodily harm through stabbing or cutting.

Driving while Intoxicated

It is unlawful to drive while intoxicated. One shall be found guilty of this offense if he or she:

1) Operates or attempts to operate a vehicle in a public space while intoxicated.

2) Was found to be in the immediate possession of an open container of alcohol (either full or empty) while operating a car or any other vehicle.

This offense is a Class B misdemeanor with a minimum term of detention for six days.

3) If it is proven during trial that an analysis of the one's breath, blood or urine revealed an alcohol concentration level of 0.15 or more when the analysis was being performed, then the offense is a Class A misdemeanor.

In this jurisdiction, the penalties for driving under the influence of alcohol are;

a) If found guilty of driving under the influence of alcohol with alcohol concentration levels of between 0.08 and 0.1 in your body system, you shall be detained for 24 hours and your driving license shall be suspended for a minimum of three months.

b) If found in the possession of an open container of alcohol on your person or any other illegal or controlled substance in your motor vehicle, you shall be detained for at least 24 hours and your license shall be suspended for a minimum of six months.

c) If found to have a blood alcohol concentration levels of more than 0.15 when operating a motor vehicle you shall be confined for at least 6 days and your license shall be suspended for a minimum of eight months.

A second-time offender who is found guilty of driving under the influence of alcohol or any other controlled substances within the first six of the first conviction, the punishment shall be a compulsory admission to a rehabilitation center and an eight-month suspension… [END OF PREVIEW]

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