This is the final draft of my HCP, where I had a completely new topic for my HCP. This draft is about the Three Strikes Law in New Mexico, where we had seen a lot of increase in crime rates after the Three Strikes Law was passed in 1994. This draft involves a lot of information about how the Three Strikes Law has caused an increase in crime rates every year and what kind of crimes has increased in New Mexico City. By the end of this draft, I was not completely satisfied with my final draft because I did not get a chance to review this draft as much I thought could have done it since they were some parts in the essay that were confusing to Professor Tae Sung even though I tried my best to make sure there is nothing confusing to him in my paper.
Ewing had been convicted of both burglary and robbery approximately seven years before the crime that gave rise to this appeal. When he stole the golf clubs, he was still on parole following his release from prison related to those two felony convictions. Following his conviction in this case, the trial judge declined to exercise discretion and convict Ewing of a misdemeanor only, as he was allowed but not required to do under California law. After determining that Ewing should be punished for a felony offense, the trial judge applied California’s “three strikes" law, where a criminal defendant must be sentenced indeterminate life sentence, which in this case was twenty-five years to life. Ewing claimed that the sentence was disproportionate
Being just in the American criminal justice system is a topic that is highly debated. Some believe the system is just, while others believe it is a flawed. The truth however, is that humans are not always right. God is the only who can practice justice in complete perfection, because humans are not perfect. Although many people in the American criminal justice system have good intentions, sadly that does not necessarily mean they are always just.
In the spring of 1994, California’s Three Strikes was signed into law. It passed with the support of 72 percent of the state’s voters. (Gladwell 236) This law became highly controversial, and on November 6, 2012, voters passed Proposition 36, which amended the law with two primary provisions. Through the controversy, we must take a minute to remember how this law came to be. Mike Reynolds lost his daughter in June of 1992 to murder.
Intermediate sanctions is a courts response to the overcrowding prisons in the United States. These sanctions are a step up from probation and a set down from incarceration. With these sanctions, rehabilitation is the primary goal, which is used to reform offenders who return to society. There are several types of intermediate sanctions such as house arrest where the offender confined to their home, which they can not leave unless there is school, job, or court. Fines can be several dollars or several thousands of dollars.
Ashley Smith CRJU 1400 LU 7 Review Questions Review Questions for Learning Unit Seven What governs the ethical conduct of lawyers? Discuss the pros and cons of plea bargaining. What has the U.S. Supreme Court held in regards to the professional misconduct of prosecutors? (in terms of punishment) How do forfeiture laws help to deter the conduct of mob lawyers?
On April 14, 2014 our former Governor Martin O’Malley signed the SB 364 into legislation, which reduces the criminal penalties for possessing marijuana, along with twin bills that will provide qualifying patients with safe access to medical marijuana, thus decriminalizing marijuana. Prior to the SB 364 getting passed into law, if one possessed less than 10 grams of marijuana the punishment would be a fine up to $500 and or up to 90 days in jail. The new law now lessens the criminal penalties to a civil fine of up to $100 and no jail time. Additionally, a second offense is punishable by a fine of up to $250. For a third offense the retribution is a fine up to $500, a requirement to attend a drug education program and a referral to an assessment
Three-Strikes Law It is my intention to establish a relationship between the three strikes law and retention rates of prisoners incarcerated for low level offenses. Before I begin to discuss the three-strikes law, it is imperative that I give some background information on sentencing guidelines. During the 1970 's the incarceration sentences imposed were indeterminate, meaning the judge had the discretion to sentence an offender on a case by case basis and sentencing a person to state prison or county jail was supposed to be to rehabilitate that person so he/she could re-enter society. Often time’s prisoners were sentenced to different amounts of time for similar offenses.
Sentencing Guidelines are a set of rules used by judges in the criminal justice system in the United States. The sentencing guidelines were first established in Massachusetts in 1994. When the sentencing guidelines were established, its main goal was to "promote truth in sentencing by developing a set of guidelines that was appropriate in consideration to the crime the individual had committed." (Massachusetts Sentencing Guidelines, February 1998, the Honorable Robert A. Mulligan, Chairman). There are ten steps that are included in the sentencing guidelines.
For example in the story in source two it stated "while incarceration renders many unable to find gainful employment upon release, consigning them to underground economics where disputes are resolved by violence. This shows that when people get out of jail, they are unable to get a job so they go back to jail. The government should do a sentencing reform to help people get jobs who have been in jail. This will decrease the jail population. Another example that is stated in the text in source two is "we should heed the call of black lives matter and other voices for change that connect criminal law reform to broader social and fiscal policy reforms to reforms that would reduce violence by revitalizing our communities, providing employment to disaffected youth, funding drug treatment and quality health care, investing in education and shelter fit for human beings, and ending our shameful practices of mass incarceration".
The existence of mandatory minimums are a major issue in the United States today. Since the implementation of Mandatory minimums, the prison population has increased 800%. This massive rise in prisoner population has come with devastating economic and human costs. The death of Len Bias, the moral panic that ensued, and corporate looking to make a profit off of it, have all culminated in the implementation of mandatory minimums. Len Bias was an American college basketball player who had just been recruited to play in the NBA, he died in 1986 due to a heart attack believed to have been caused by cocaine use.
Introduction Crime, its punishment, and the legislation that decides the way in which they interact has long been a public policy concern that reaches everyone within a given society. It is the function of the judicial system to distribute punishment equitably and following the law. The four traditional goals of punishment, as defined by Connecticut General Assembly (2001), are: “deterrence, incapacitation, retribution, and rehabilitation.” However, how legislature achieves and balances these goals has changed due to the implementation of responses to changing societal influences. Mandatory minimum sentences exemplify this shift.
The Sentencing Reform Act is related to the Complete and thorough Crime Control Act of 1984 were the U.S. federal law increased the consistency in the United States federal sentencing. The Sentencing Reform Act created the United States Sentencing Commission. This act allowed the independent commission into the (law-related) branch of the United States Sentencing Commission. It consists of seven voting members and one nonvoting member. For the benefit of the United States Sentencing Commission, there are rules that establish sentencing policies and practices for the Federal criminal justice system, which secures/makes sure of a meeting of the purposes of sentencing.
I. Overview of Section 41A of the Criminal Procedure Code: Paragraph 1: Section 41A of the Criminal Procedure Code is a provision that deals with the procedure to be followed by the police when making an arrest without a warrant. Its purpose is to ensure that the power to arrest is exercised judiciously and that individuals' rights are protected during the arrest process. Paragraph 2: Under the previous provisions, the police had the authority to arrest individuals without a warrant based on reasonable suspicion.
Sentencing Sentencing occurs after a defendant has been convicted of a crime. During the sentencing process, the court issues a punishment that involves a fine, imprisonment, capital punishment, or some other penalty. In some states, juries may be entitled to determine a sentence. However, sentencing in most states and federal courts are issued by a judge. To fully understand the sentencing phase of criminal court proceedings, it is important to examine how sentencing affects the state and federal prison systems, learn the meanings of determinate and indeterminate sentencing, and understand the impact Proposition 57 has had on sentencing in California.
Rough Draft Is the death penalty an effective and justified punishment? This is a topic many Americans have discussed for a long time, and has caused much controversy. Both sides have their pros and cons, and they will be discussed. The first point that many people have about capital punishment is that it’s unconstitutional.