Determinate Sentencing Model: Determinate Sentencing Model
In the first scenario where Sam Smith committed a robbery in possession of a firearm, the type of sentencing model I would use is a determinate sentence. I think determinate sentencing would be ideal because Sam did accept his responsibility, had no previous criminal record, and no one was injured. He would receive a fixed sentence term for his actions and if he were to have good conduct in jail then he would qualify for an early release based on conduct.
The actual sentence I would impose would abide by the Florida minimum mandatory law because of the firearm he was in possession of. To which would sentence Sam to be incarcerate for 10 years in prison for possession of a firearm even though he did not fire his weapon or threaten anyone with
Essay On Disparity In Sentencing
1248 Words | 5 PagesSentencing disparity within the American Judicial system is a problem that exists across the nation. According to Merriam Webster’s dictionary, disparity means the markedly distinct in quality or character. Many times, disparity is used in conjunction with discrimination as if the two words mean the same, but they do not. Disparity will include a difference in treatment or outcome but is not based on an opinion, bias or prejudice.
What Is The Court Case Of Illinois V. Wardlow
577 Words | 3 PagesSam Wardlow’s attorney filed a motion to have the gun evidence suppressed in the Cook County Circuit Court, because the officer did not have a justifiable suspicion that was sufficient to justify an investigative stop. The court denied the attorneys request to have the evidence suppressed. The judge believed that the finding of the .38 caliber gun was found during a lawful stop and frisk. The Illinois Appellate Courts First Division decided that Sam’s choice to turn around and walk/run the opposite way from the police officers in a high crime area was not suspicious.
Michael And John Should Be Charge For Theft Essay
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Model Rule Sentencing Case Study
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Sentencing Remarks Case Study
844 Words | 4 PagesSentencing Remarks Case Study 1: CHRISTALL, Daniel Ian 1. On the charges of theft and assault Mr Christall was sentenced to twenty one months imprisonment with a non-parole period of thirteen months despite the appropriate single sentence being described as one year and four months. The sentence was reduced from one year and four months on account of the guilty plea entered by Mr Christall. This sentence was later suspended on account of the accused’s apparent determination to beat his drug problem, evidenced by the fact that he had voluntarily sought treatment. The stable environment he has around him, his mental health issues, supported by a professional psychiatrist and the circumstances under which the crime was committed.
Trayvon Martin V. Stand Your Ground Law
1615 Words | 7 PagesHe was allowed to have a gun even with a history of violence. His past included resisting an officer with violence and domestic violence charges. There are an average of 80 deaths per day from gun wounds. How many deaths could be prevented? In England, they have the lowest amount of gun crime in the world.
Terry Vs Frisk
675 Words | 3 PagesOnly if the law enforcement officer would have frisked the suspect, in the parking lot earlier and found the gun that he had in his pocket, this convicted felon would not have been able to commit this horrendous crime. Today, there are many that question the idea of “Stop and Frisk”, mainly for political reasons. The 4th amendment is clear, designed to protect from undue harm, not to protect violent felons who prey on the
The Purpose Of The Texas Penal Model
738 Words | 3 Pagesoverview In 1854 the Texas legislature authorized a commission to codify the existing laws in Texas; and in 1856 the Texas Penal Code was established. Prior to 1856 Texas was governed mostly by common law; it was not until 1895 that the Texas Penal code was revised. In 1974 the Texas Penal code went through another revision, this time more extensive than the previous revisions, and mostly based on the American law institute penal code model. The main goal of the revision was too Clarify and consolidate the fundamental law of crimes, and to modernize and simplify the penal code for the rural, less populated areas of Texas, to reasonably grade offenses based on the severity of the crimes; as well as to ensure that the punishment for committing
Offender Specific Deterrence
96 Words | 1 PagesWhen a judge is considering sentencing to convict an offender specific deterrence should be more valuable than general deterrence but both are needed in the sentencing process. For the offender not to reoffend specific deterrence need to be embedded to determine the certainty of the crime. So the offender will not commit the same crime twice. Overall doing the sentencing process the judge have the right to use this offender specific deterrence to promote general deterrence to the public. This will allow other to fear the consequences and possibly punishment if they commit this specific crime.
Sentencing Guidelines In The Criminal Justice System
1427 Words | 6 PagesSentencing 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.
Obligatory Sentencing Case Study
240 Words | 1 PagesThe United States has generally been unmistakable in the force concurred privately chosen officials to decide the degree of discipline to which a criminal litigant is uncovered, constrained essentially by the caution of juries, judges, and post-sentencing authoritative discharge methodology (parole). Sensibly we may expect the ascent of detainment to be connected to increments in the level of prosecutorial caution to figure out why should likely go to jail and for to what extent, or diminishes in countervailing institutional keeps an eye on that carefulness. Both patterns have been valid in differing degree crosswise over U.S. corrective frameworks. Obligatory least sentences laws that got to be well known for medication and other off ensues
Essay On Mandatory Minimum Sentencing
1798 Words | 8 PagesIntroduction 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.
Quantitative Research: The Uniform Crime Reproting
1219 Words | 5 PagesIntroduction Looking at the nightly news, many would believe violent crimes are at an all-time high. There are not just one on one violent crimes or gang violent crimes. There is court shootings, school shootings, church shootings, theater shootings, mall shootings, workplace shootings, and others. Where most one on one crime is committed with illegal guns, mass shootings are done with handguns purchased legally.
Ten Year In Jail Analysis
213 Words | 1 PagesImagine that you and a partner have been arrested for trespassing. The police separate you, and give you each two options: confess or remain silent. If you both confess, you each spend ten years in jail. If you both remain silent, you each spend three years in jail. However, if one of you confesses and the other does not, the one who confessed goes free, as a reward for helping the police, and the one who remained silent spends 20 years in jail!
The Pros And Cons Of Mandatory Sentencing
1728 Words | 7 PagesMandatory sentencing occurs when a crime is committed and a required sentence must be provided from the magistrate or judge. Normally, a required sentence sets a minimum sentence. If it deems it appropriate, a court can still impose a sentence that is longer than the maximum penalty and sometimes, it is also mandatory for a court to order that prison sentences be served one after the other (cumulatively), and not at the same time (concurrently). In Queensland serious repeat child sex offenders receive a mandatory sentencing of life imprisonment, this means if a child sex offender has previously been convicted and is caught again after their 1st sentence is over, they must receive a minimum sentence of life imprisonment. 1.2 Purpose
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