The Pros And Cons Of Judicial Punishment

Passed on September 25, 1789 and ratified on December 15, 1791 by Congress, the eighth amendment has been present in the United States for quite some time. Over time, the amendment has morphed and interpreted differently. In the Constitution it states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”. In the 1990s, individuals referenced the eighth amendment when discussing capital punishment or the death penalty. Death sentences were most frequent during the 1900s, resulting in some individuals declaring that it went against the amendment (Source A).

The mandatory minimum sentencing law provides a judge with a set minimum sentences based on the charges against the defendant. The minimum sentences are usually extremely long sentences. Judges are not able to reduce the charges no matter what the defense’s argument may be. Normally in court, the defense is able to argue for a shorter sentence, but that is not the case for mandatory sentencing laws. All the power of sentencing lies with the prosecutors in these cases.

Capital Punishment Although, many may like to think otherwise, the line between good and evil is one that is incalculably thin, and one which is walked on every day. Thus, it is very simple for someone once deemed as a “good” person, to become evil. The worst part–often people are unaware that they have even crossed that line. If you are someone who believes and has voted for the death penalty, you no longer tread through the thin line, but rather stand bold faced in the side of evil.

Eighth amendment Death Penalty Receives Another Blow, This Time In Pennsylvania In this article, "Death Penalty Receives Another Blow, This Time In Pennsylvania" by Sam Wright from Above The Law, Mr. Wright discusses the controversy over death penalty and the difference between states deciding the standards of it. According to the article, two states, Connecticut and Pennsylvania both assigned a death penalty to two men who committed equally serious crimes. The problem arouses when the two men applied a relief to the courts; Connecticut accepted it and Pennsylvania didn 't. It gets even worse, when people dig deeper and find out the racial discrimination that went on behind the scenes.

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.

Daniel, Having a just system for sentencing is not easy, I agree. Someone will always disagree, on one side or the other, of what is “just” to them. This is where I do not envy judges. You will not be able to please everyone.

To begin, “congress fell in love with mandatory minimums requiring anyone convicted of a given offense to receive a minimum penalty prescribed by legislation (Bazelon, 2).” For instance, if a person shoots someone in the leg, they are charged as if they killed that person. Oftentimes the minorities get more time than the whites. On the other hand, Alberto Gonzales reports that the mandatory minimum sentencing ensure tough and fair sentences for offenders and has nothing to do with race. People with too much power don’t know the differences between tough punishment and unfair punishment.

The first death penalty laws were established in the eighteenth century making it so you could only be hanged for murder. The first recorded death penalty that took place was in 1608, it was Captain George Kendall. This execution took place in the new colonies, he was put to death because he was suspected of spying for Spain he was executed by a firing squad. Capital Punishment has not been proven to deter crime and opens the possibility of executing innocent people; finally, the Death Penalty/Capital Punishment can cause 2nd hand trauma to the victim and their family. Capital Punishment violates the 8th amendment, it is labeled as cruel and unusual punishment.

Today I called the Illinois Representative Michael J. Madigan office and received his answering machine. I left him a message asking him to please consider passing bills for sentencing reform legislation, such as the Sentencing Reform and Corrections Act (SRCA), S.2123. I told him that I am a registered voter and it has come to my attention that the federal prison population has skyrocketed dramatically over the past 35 years and most of the people in the prisons are in for minimum drug sentences. I told him that while people are in prison they are losing income, job skills, and are typically unable to attend rehabilitation programs. All of these aspects make it extremely difficult for the people to obtain jobs or get on the right path once

Introduction Sentencing methods and rationales are continually highly contested in the Criminal Justice system. Monetary penalties are particularly pivotal in these debates. According to Walsh, research from all corners of the world continually demonstrates that the poorest in society are more likely to be subject to the Criminal Justice System. This evidence Walsh argues, ‘cannot be ignored’, when considering which sentencing options should be used. The fine is the most commonly used penal sanction in most Western Penal systems.

The United States of America is number one in the world at many things-- incarceration being one of them. The U.S currently has over 2.3 million people incarcerated, more than the eleven smallest U.S states combined. (Wagner np) While in prison, people do not have any access to the outside world, except for a couple televisions on select channels, family visits, and writing letters. Prisoners are also treated with heavy backlash, and often abuse, if they try to speak up about how they are living and being treated.

Physical Punishment/Physical Aversion. This involves the presentation of something unpleasant as a consequence of the performance of an undesirable behavior. According to Goldstein & Brooks (2007) punishment should be considered only as a last resort. However, in situations in which more immediate cessation of undesirable behaviors is required, punishment strategies should be weighed carefully; they can interfere with the learning process if not used sparingly and appropriately. Research and clinical experience regarding the use of excessive physical punishment (spanking) is that it is generally ineffective since it never tells the child what to do, only what not to do (Dizon, Baldo & Camara 2000).

The Death Penalty, loss of life due to previous crimes and actions, is believed by some to be extremely costly, inhumane, and cruel unlike some others whom believe it is just, right, and provides closure. The Death Penalty is not a quick and easy process. Most who get sentenced to deaths row wait years for their ultimate punishment of death. Some believe that it is not right to punish and kill a human for actions they have done because, they believe that the inmate should have another chance. Then others believe that it is right to punish someone for their actions especially if their actions involve killing another or multiple humans.

I will now introduce the fading of humanity. People suggest and would like that death penalty should still exist. They think about safety. They think about how they will feel safe if a murder is executed. They do not think that they vote for violation of the human rights.

When American colonists fought for and won independence, they accepted England's laws, including capital punishment. Since then, England and our other close allies have abandoned the process of putting criminals to death. We are, however, allied with Russia, China, Libya, Iran, Cuba, Chile and Saudi Arabia in the use of capital punishment. The way in which we legally put criminals to death has changed frequently since colonial times in the interest of executing human beings in a more, "civilized manner. " Hanging and firing squads were most widely used until the electric chair was invented in 1890.