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Mandatory Minimum Sentencing Laws Research Paper

… In the past three years, there is an ongoing basic critique of these statutes, which is rapidly becoming widely accepted. The laws do not accomplish the conventional accepted goals of punishment since it does not incorporate all theories of retribution. Generally, these theories necessitate that punishment should be proportionate to the magnitude of the offense. The concept of proportionality between the offense and punishment demonstrates a common principle of justice and a restriction of government power. The policies eliminate judicial discretion to enforce a prison term that is lower than the statutory floor (Luna, 2010). As a result, mandatory minimums make case-specific information about the crime and the criminal irrelevant to the extent that the facts may require a below-minimum sentence. Therefore, the sentences are…. [read more]


Mandatory Minimum Sentencing Abstract (Incomplete) Thesis

… " This quotation alludes to the instances of violent crime and that involving sexual coercion, which is most saliently evidenced in the prison population by instances of rape. Also, gangs have a significant amount of sway in prison populations and many of the same laws in regards to racketeering and conspiracy that individual gang members may have been convicted for are routinely transgressed inside the walls of prisons.

Conclusion and Future Study

Removing the power of discretion from judicial hands and handing it to the executive branch essentially converts federal prosecutors into de facto sentencers (Cassell & Luna, 2011). Many times society sees sentencing disparities among violent and nonviolent offenses due to the current minimum sentencing policy. When a community sees these disparities repeat themselves,…. [read more]


Sentencing Mandatory Minimum Sentences Essay

… For example, that it is wrong to sentence an individual for nine or thirteen years and then release him or her after she has served only seven years.

Part 2: Punishment should be based on the crime.

Every activity considered to be illegal can easily qualify one to be charged guilty or innocent. Most courts have specific procedures followed in accordance to the jurisdiction and hence determine whether an offender is guilty or not guilty. After being found guilty, it is important to sentence the individual to the reputable punishments that go hand in hand with the crime committed. Therefore, every crime committed should lead to an ultimate punishment. Not every punishment suits every offender. Procedures should be followed to the later in order to…. [read more]


Mandatory Sentencing Public Policy, Crime Research Paper

… Afterwards, the constructing of the justice system aimed at criminalizing the "equal" African-American; additionally, the system also ensured that the social position of African-Americans was not equal to those of their white counterparts. From history, dating back to the era of Nixon, the president of America, this was done through the establishment of the "Drug War" as a strategy to gain support from whites in the south by advocating for policies in opposing civil rights and racial equality related initiatives. The system also changed via conservative justices on the courts who would endorse reductions to the fourth Amendment protections against many illegal searches, seizures of property and wrongful detentions. From the arguments presented in some studies, I strongly agree that there exist civil liberty issues…. [read more]


Policy and Practice Racial Disparity Research Paper

… The attempt to review indigent defense system funding in counties served as a good starting point to reform the manner in which defendants are supported through the maze of the legal system, yet this amounted to minimal change amongst much debate and the enforcement and arrest aspects of the problem went almost completely without address.

The circle of disparity of application of drug and other stricter laws in Georgia goes something like this: National outcry for tougher laws regarding drug and other violent crimes; local and political public response to such sentiments; increased severity of laws and polices associated with feared crimes; inadequate funding or infrastructure for enforcement; lazy enforcement under pressure of public scrutiny to clean up the streets; increased arrests with increased significant…. [read more]


Public Policy Alternatives to Improve the Nation's Prison Overcrowding Dilemma Term Paper

… Public Policy Alternatives to Improve the Nation's Prison Overcrowding Dilemma

There are more individuals per capita incarcerated in the United States than in any comparative democracy that is an industrialized nation anywhere in the world. The sentences imposed on offenders in the U.S. are longer and the U.S. is one of the last nations on earth to practice capital punishment or what is commonly known as "the death penalty." Increasingly individuals are being locked up male and female and both adult and child. Collateral impacts from incarcerations of this enormity are costly to society both in monetary as well as in social terms. The findings of this study are simply that there exists alternative measures of punishment that are more cost efficient and more conducive…. [read more]


Crime Prevention and Control Term Paper

… Crime Prevention and Control - U.S. Justice System and Proactive Policing

The prevention and control of crime have hounded American society despite the expanse of its economic and political power in the world. Stanford Professor Friedman traces the failure of the efforts of the U.S. criminal justice system in curbing or preventing crime to the Americans' well-entrenched cultural taboos of their Manifest Destiny as a superior people and their demand for individual freedom and rights. From these taboos grew out prison buildings, the police, the courts, more severe court sentences and the celebrity culture. With the persistently increasing crime rates, preventive measures, like preventive detention, were tried. But preventive detention did not work. President Johnson believed that the root causes of crime were racism, poverty…. [read more]


Philosophy Crime Punishment Shifted Social Essay

… Twenty-five years later, in 1996, the number of prison inmates nearly sextupled, reaching almost 1.2 million (Currie, 1998, p. 12). This rapid increase in the prison population is not a result of an increase in crime, but is a result of courts and legislatures getting "tougher" on offenders. Crime itself had not changed, only its social context and consequent legal policies. The presence of prisons within the correctional system exposes the implementation of mass incarceration as a government social program. The operational procedures of the correction system have shifted to accommodate this major influx in prisoners and to support government policies of mandatory prison sentences.

Another major source for the increased prison population is the proclaimed "war on drugs" arising from the 1970s and 1980s,…. [read more]


Issues Concerning Crime and the Treatment of Criminals Term Paper

… Crime & the Treatment of Prisoners

Crime and the Treatment of Prisoners

For the past ten years the crime rate has steadily declined, but most Americans don't know it. According to researchers, people who watch the News on television believe there is a lot more crime than there really is. A popular myth of crime is believed and embraced by most of the public and perpetuated by crime programs, movies, and made-for-television dramas. This myth has been rhetorically constructed through discourse and has sunk deep into the collective consciousness. People talk about it until they believe it, and once embedded in consciousness, a myth is difficult to dislodge. The myth is that violent crime keeps getting worse and worse, that criminals are getting off on…. [read more]


Sentencing Juvenile Offenders to Life in Prison Article Critique

… Sentencing Juvenile Offenders to Life in Prison

Courts are giving juveniles sentences that are more severe than those given to adult offenders are. This is because juveniles have not been able to negotiate so that they can attend the adult criminal court. In the article "Sentencing Juvenile Offenders to Life in Prison" by Jason and Giovani, they have demonstrated that America is the only country where juveniles are sentenced to life in prison without the possibility of Parole Initiative. Eighty percent of juveniles serving life sentences are below 18 years of age: this suggests that these youths will surely die in prison (Welsh & Siegel, 2011). In cities such as Michigan, young people under the age of 14 years have been charged for committing felonies…. [read more]


Crime and Punishment Essay

… African-Americans Receive Longer Jail Sentences

Why do African-Americans convicted of crimes get longer jail sentences as a general rule? This paper will address that question through use of several sources. But there are other disparities in terms of race and punishment, and those will be reviewed as well.

First of all, according to journalist David Doege (writing in the online version of the Wisconsin Journal) African-Americans convicted of trafficking in drugs in Wisconsin "are more likely to wind up in prison" than Caucasian drug dealers (Doege, 2007). Compared with whites, blacks "…are nearly twice as likely to end up behind bars for dealing drugs," according to a report by the Wisconsin Sentencing Commission. Among non-drug offenses, the report shows, blacks are "about 1.5 times as…. [read more]


How Does the Australian Criminal Justice System Respond to White Collar and Corporate Crime? Essay

… ¶ … Australian Criminal Justice System respond to white collar and corporate crime?

Crimes are breach of the law. Criminal law as in the common law differentiates between crimes that mala per se' that is crimes that are repugnant to humankind for example, murder, robbery and so on which forms the basis of the penal code. There are crimes that are caused by activities that the state prohibits or by social customs called 'mala prohibitia'. While the activity may not be repugnant to human kind, it becomes a crime on account of statute. Some examples include the bar on persons below a stipulated age to drive motor vehicles. Although a teenager at the wheel of a car is dangerous, it is not a crime that…. [read more]


Crime Control/Procedures Questionnaire

… There are at least three potential interpretations of the Fourth Amendment: 1) It applies only to full searches and arrest; not short of partial situations; 2) Even brief street detentions are technically arrests, especially pat down searches, and should be executed only if there is probable cause; and 3) Stop and searches are searches and seizures, but only minor ones so have a lesser standard of proof needed than full stops and searches -- there is more discretionary power for law enforcement. In Terry v. Ohio, the Court seems to favor #3 above, and in particular wishes to protect the safety of law enforcement but insists that stops and searches cannot be whimsical, but still need enough facts that a Judge or objective party would…. [read more]


Incorporating Restorative and Community Justice Into American Sentencing and Corrections Article Critique

… Restorative Justice

Evidence

Evaluation

Bibligoraphy

In criminal justice, new interventions targeting crime control and reduction are constantly being developed and implemented. The recent intervention that is notable is Restorative Justice. This paper will thus critique this particular emerging intervention and focus on answering questions like: What is Restorative Justice? What is Community Justice? Should Restorative and Community Justice Be incorporated into the Criminal Justice System?

In criminal justice, new interventions targeting crime control and reduction are constantly being developed and implemented. The recent intervention that is notable is Restorative Justice. Regardless of the enhanced attention provided recently to the concept of restorative justice, the principle still stays rather bothersome to specify as many feedbacks to criminal habits could fall under the supposed corrective umbrella. The…. [read more]


Workplace Harassment Policy Essay

… I fully support and appreciate the basic workings and objectives of Proposition 36, but believe that it can be improved upon with a better understanding of the current situations at hands.

While the fight can be carried on by policy makers and administrators, the problem of the California State prison system must be addressed at a collective level if we are to expect any real progress in the state of the society we choose to consent our lives towards. Judges and attorneys of the court must assist in leading the cause and not look at prison as a tool. Rather, prison and incarceration should be the last resort for a society as a solution to the problems of crime. The true roots of crime must…. [read more]


Do African-American Women Receive Harsher Sentencing in the Criminal Justice System for Crimes? Thesis

… Racial Bias in Sentencing

Do African-American Women Receive Harsher Sentencing in the Criminal Justice System for Crimes than Caucasian Women?

A ic/Research Question

The proposed research will explore racial bias in the criminal justice system. It will explore consist of a paired analysis of sentencing practices between Caucasian women and African-American women for similar crimes. It will explore the research question: do African-American women receive harsher sentencing in the criminal justice system for crimes than Caucasian women?

The United States prides itself on the maintenance of a fair and equitable justice system. Formal laws and policies are in place to make certain that one group or another does not receive partial treatment due to factors such as sex, race, gender, or religion. The justice system…. [read more]


Corrections New Jersey Sentencing Laws Research Proposal

… Corrections

New Jersey Sentencing Laws

The concept of corrections can be defined as the treatment of offenders through a system of penal incarceration, rehabilitation, probation, and parole. The main goal of a country's correctional system has always been determined by what society wants. These wishes are then shaped by politics and implemented through public policy. Throughout history in this country the correctional systems main objective has been to protect the people of the country. There have been many ideas and processes established over the years in order to try and carry this out, and the question of which of these processes is right has been a big debate in this country for years.

Some of the different processes that have been established over the years…. [read more]


Past Present and Future of Eurasian Organized Crime in the United States Term Paper

… ¶ … Future of Eurasian Organized Crime in the United States

As the world's economic and information infrastructure becomes globalized, a new organized elite criminal group is being shaped. Organized crime groups are not disappearing but instead are adapting and shifting in order to make necessary adjustments as the economic and regional transformations of the globe develop. It has been predicted by law enforcement "...illegal schemes will become increasingly far-reaching - both geographically and otherwise - and that criminals, more of whom seem to enjoy some measure of government protection, will become better able to cover their tracks with a bewildering array of shell companies and legal entitles established as front companies for transnational criminal activities." (Kupchinsky, 2005) According to Kupchinsky, "Russian organized crime gangs…. [read more]


White Collar Crime in Contemporary Society Economic Regulation and Social Essay

… White Collar Crime in Contemporary Society Economic Regulation and Social Regulation

Social regulations and economic regulations are branches of regulations that govern a society. Both groups of regulations ensure that the policies implemented by a business are in accordance with economic regulations and social regulations. Economic regulations govern the economic aspect of the nation while social regulations govern the social aspect of the nation. White collar-crimes are becoming a menace that threatens the economy of many nations. There are many challenges that the prosecutor faced in prosecuting this type of case. The function of the office of the attorney general is to prosecute cases after ensuring that adequate evidence is collected.

Distinguish between economic regulation and social regulation. What were the original objectives of regulation,…. [read more]


Sentencing Disparities Between Crack Cocaine vs. Powder Term Paper

… ¶ … SENTENCING DISPARITIES BETWEEN CRACK COCAINE vs. POWDER COCAINE

After a decade of contentious debate regarding the federal sentencing disparities between crack cocaine and powder cocaine, a number of significant initiatives to reform current policy have recently emerged. These include legislation introduced in Congress and a series of hearings resulting in recommendations by the United States Sentencing Commission. This paper provides a comparative analysis of the sentencing disparities with regard to crack cocaine as compared to powder cocaine. It examines the development of federal legislation creating greater criminal penalties for crack cocaine than powder cocaine, and assesses recent developments, studies and research in an effort to resolve the sentencing disparities. Finally, it offers recommendations to resolve this sentencing issue for future legislation, law enforcement…. [read more]


Crimes in the Prison Term Paper

… Crimes in Prison

The modern prison system exists for the intended purpose of preventing criminals from continuing to perform evil or destructive acts. The penal system is meant to bring justice by reducing crime, and ideally ending it all together. Those criminals who are a menace to society are to be removed from the population and put into an environment where they cannot continue to do any harm. Then, because the criminals have been removed from society, prison also prevents new crimes from taking place because of two wonderful side effects. For one, because the criminals have been removed from society, these negative influences have been taken out of the lives of impressionable youths and feeble-minded adults who might have otherwise been swayed to join…. [read more]


Three Strikes Law Term Paper

… Another challenge has been based on the premise that the law violates the separation of powers provision of the constitution because it grants the prosecutor discretion while limiting judicial discretion. These challenges have mostly been unsuccessful, though they have resulted in some changes to the law. Mainly, the legal challenges have helped formalize the law's policies. "For example, the courts have determined that 'wobblers' (crimes that can be considered either a misdemeanor or a felony) can trigger second and third strike enhancements, juvenile convictions can count as strike offenses, and multiple strikes can be charged from a single crime or incident" (Brown, & Jolivette, 2005).

One of the policy considerations for the policy was that its extension of prison sentences for such a large number…. [read more]


Prison Industrial Complex Research Paper

… In addition, the tendency to depend on racists' ideologies and structures to impose punishments and obtain surplus income is more troubling. Privatization of prisons is currently a capitalist move within the prison industry. Prisons run by the federal government are grossly violating human rights; on the other hand, private prisons have demonstrated lack of transparency and accountability (Schlosser, 2008).

In early 2012, a leading U.S. prison firm bought about sixty thousand beds from various correctional centers. As the trend of subjecting more women in prisons increased, the company opened a new facility in Melbourne (Gottschalk, 2010). Currently, the company has discovered Michigan as its latest frontier. Statistics have revealed that stocks of private prison companies are doing extremely well. Early last year, the overall revenue…. [read more]


Fact Pattern Case Study

… ¶ … Pattern

Case Study (Fact Pattern)

Criminal activities have been on the rise in many states of the United States. To control such criminals from going unpunished in the society, the criminal system uses the aid of prison and correctional facilities. The United States of America is one of the top countries who have a very large number of criminals locked up behind bars (LENNARD, 2012). With so many prisoners in the country, it has been important for the government to categorize prisoners with minor offences with those prisoners who have committed major crimes. Therefore, the Department of Justice in the United States transfers this prison categorization task to the Federal Bureau of Prisons (Redding, 2004).

The Federal Bureau of Prisons is responsible to…. [read more]


Crime and Social Theory Deviance Essay

… References

Bewley-Taylor, Dave, Hallam, Chris, and Allen, Rob. (2009). The incarceration of drug offenders: An Overview, Report Sixteen. The Beckley Foundation Drug Policy Programme, International Centre for Prison Studies, Kings College of London, University of London. Retrieved June, 2011 from http://www.idpc.net/php-bin/documents/Beckley_Report_16_2_FINAL_EN.pdf

Giugliano, John. (2004). A sociohistorical perspective of sexual health: The clinician's role. Sexual Addiction & Compulsivity, 11, 43-55.

Lo, Celia C. (2003). An application of social conflict theory to arrestees' use of cocaine and opiates. Journal of Drug Issues, 33, 237-266.

Mauer, Marc and King, Ryan S. (2007). A 25-year quagmire: The War on Drugs and its impact on American society. The Sentencing Project: Research and Advocacy for Reform. Retrieved June, 2011 at http://www.sentencingproject.org/doc/publications/dp_25yearquagmire.pdf

National Public Radio. (2007). Timeline: America's War on Drugs. Retrieved…. [read more]


Maryland Prison System Crime Term Paper

… Much of the criticism and backlash attacks "three strikes" laws as being an ill-advised policy, a quick fix solution to the dynamic problem of crime, a policy with no or at best modest deterrent effect, and lastly, a financial burden to the correctional community and taxpayers. Furthermore, critics say, this law, which currently has been adopted by thirty-seven states, contains many inconsistencies across the states. Some of these inconsistencies include what crimes (violent or nonviolent) actually count as a strike, the possibility of parole or no parole, whether the person should be sentenced as a habitual offender, and whether the offender should receive a mandatory life sentence. In response, some states such as Washington suggest that "three strikes" laws are effective given proper implementation (http://www.msccsp.org/publications/strikes.html).…. [read more]


Juvenile Sentencing Term Paper

… Juvenile Sentencing

The issue of sentencing juveniles has been a topic of considerable debate in recent years. Due to the increase of school shootings and other serious crimes committed by adolescents that have grabbed national media attention, many believe that juveniles should be sentenced to adult correctional systems. However, solving this issue of juvenile sentencing is far from simple, as there are many variables to consider.

Shay Bilchik, president and CEO of the Child Welfare League of America, writes in the April 2003 issue of Correction Today, that the United States has taken a dramatic step toward prosecuting far too many juveniles in the adult correctional system (Bilchik). Laws in the United States recognize that juveniles are too young to consume alcohol, vote, engage in…. [read more]


Crack vs. Poweder Sentencing Disparities Term Paper

… Disparities in Sentencing

As Blacks are the largest users of crack cocaine, and users tend to purchase drugs from those of like race and ethnicity, Black street dealers have been the ones among those who market drugs who have been prosecuted as a result of the punitive laws passed in 1986 that set up sentencing for dealers in crack cocaine.

On January 12, 2006, the New York Times published an editorial, saying that racial discrimination in sentencing of blacks has taken away judicial discretion and created an expensive and regretful policy of imprisoning large numbers of blacks who might have been better off given second chances. The editorial also suggested there is evidence of discrimination in the way the laws are set up and interpreted:…. [read more]


Welfare Policies From Urban Injustice How Ghettos Happen by David Hilfiker Book Review

… Urban Injustice: How Ghettos Happen

It is author David Hilfiker's considered, well-researched and respected opinion that most Americans do not have a good understanding of the primary causes of poverty. The author / doctor suggests that the primary causes of poverty are not to be found within the behaviors of individuals necessarily, but within the "social and historical structures" that are beyond one's control. A few of those structures / barriers will be addressed in this paper along with specific reference to a few of the roadblocks and stumbling points that tend to keep poor people poor: zero tolerance and mandatory minimum sentencing; "deserving" vs. "undeserving" poor people; definitions of poverty; TANF; the war on poverty, the war on welfare; educational shortcomings and "ghetto prisons."…. [read more]


Effectiveness of Death Penalty Among Industrialized Nations Term Paper

… ¶ … crimes receive the death penalty?

Usually only the most severe crimes are punished by death. However, the definition of severe crimes varies with the historical time, the culture of the country applying it, its economical situation etc. However, people often see this issue very differently, depending on their character. For instance, "The governor of Massachusetts has announced his intention to restore the death penalty. He has set up a commission to devise legislation that would guard against any possibility of executing an innocent defendant. He would recommend capital punishment for only three types of crime: those associated with terrorism; those involving the killing of police officers, prosecutors, judges, or trial witnesses; and "heinous" crimes, defined as multiple killings or murders done with extreme…. [read more]

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NOTE:  We can write a brand new paper on your exact topic!  More info.