However, the dissenting side believe that keeping the there should be a life in prison punishment for juvenile who commit heinous crime regardless of their age. I agree that abolishing the mandatory part but not abolishing the whole Juvenile Life Without Parole sentence because I believed that there are cases when a juveniles should get Juvenile Life Without Parole while there are juveniles who should not deserve it. Some deserve it because they non-repentance killers or to be serial killers while other should not deserve it because of the circumstances required them. Juveniles who killed people without any mercy should be treated as an adult and be given Juvenile Life Without Parole(JLWOP). For example, the murderer of Jennifer Jenkins’ pregnant sister and her husband.
The three strikes law seems to assist with steering offenders away from committing further crimes because following the second conviction there may be a reminder of what will happen if the felon commits another criminal act his or her freedom will be taken away and will receive a prison sentence of a mandatory twenty-five years, or worst, a life sentence. The thought of serving a life sentence may be the reason that some change their lifestyle and stop committing crimes. Theirs also disadvantage to the law first it gives the potential risks of more crimes to being committed. Already convicted felons are given the chance to commit more crimes, even though this is not what the law was intended for but the opportunity is there and present. Civilians are being placed in greater risk of being targeted by the same offenders that rather continue to commit crimes.
In creating a balanced system, different types of criminals need to be sentenced to a specific program that fits both the personality of the offender and the crime they committed. “Poorly implemented programs, delivered by untrained personnel, where offenders spend only a minimal amount of time in the program, can hardly be expected to successfully reduce recidivism.” (Mackenzie, p.26) The prisons of the 21st century need to be very different from the unsuccessful prison systems and beliefs of the 20th century. The biggest change in correctional beliefs needs to be that prisons should only house violent criminals. Non-violent criminals are more of a threat to themselves than to society and can be punished using community-based corrections. It is necessary to keep non-violent criminals separate from violent criminals, as to keep non-violent criminals from escalating to the commission of violent crimes once they are released from prison.
Deterrence philosophy reason for sentencing is defined as a philosophy that crime can be prevented through the threat of punishment. Incapacitation philosophy is defined as a philosophy that crime can be prevented by detaining wrongdoers in prison thereby separating them from the community and reducing criminal opportunities. Finally rehabilitation philosophy is defined as the philosophy that society is best served when offenders are provided the resources to get rid of criminal activity from their daily behavior patterns. Retribution just holds the severity of the crime against the guilty and is aimed at pleasing the society as whole party rather than just the victim/s. Deterrence uses other criminals as examples for the community to be discouraged from crime.
The correctional system plays a vital role in the country. The system is made of several government agencies that are charged with the authorities of safeguarding the populace from dangerous individuals. Generally, this is accomplished through a number of methods, such as imprisonment and probation. In addition, the correctional system is designed to make society a safer place by keeping the criminals behind bars. The criticisms of the supermax prisons are: Deprivation of medical facilities to the inmates as well as the criteria for an accused to inflict which strongly violates the inmates' personal lives.
Others believe it is well deserved as you get 3 chances to better yourself. There are many pros and cons resulting of this law. Some pros of the law is that it ends sentence disparity. Sentence disparity is when offenders are charged with the same crime and have similar arrest records but end up getting very different sentences. This is not only fair for all the offenders but also does not allow offender to get away with doing the minimum time allowed for the crime committed.
Brennan (1994) by it specifically setting an example that a prison official or guard is not reliable for any harm caused to an inmate by others unless it is proven that “the official knows of and disregards an excessive risk of harm to an inmate” (delCarmen, Ritter, & Witt, 2005, p. 115). A downfall could involve the defense arguing that the prison guards were informed only of concerns related to hazing and that the behavior is usual towards new inmates who enter the institution. They also can cite that there was no previous occurrence reported or accounted for by inmates. With a situation as such never happening due to past rituals of inmates entering prison, using the assumption of the prison guards not having any knowledge the inmate suffering from the assaults and abuse can be used against him in the case as
Juvenile crimes some see their actions and think that they should be responsible to the fullest while others believe that they should be punished due to the circumstances. On June 25, there was a debate whether juvenile life without parole (JLWOP) should be a thing. There were many arguments that suggested that the juveniles should convict to life without parole stating that it's not all on them the family and home environment that the adolescent lives in plays a huge role in how they respond to certain actions. Also, sentencing juvenile life without parole is also seen as a violation of one's' Eighth Amendment which states had no human should face cruel or unusual punishment. There are also the ones who believe that the juvenile life without
The Supreme Court of the United States of America in 2012 ruled that juveniles couldn’t be tried as juveniles and be sentenced to life without the possibility of bail, no matter how harsh the nature of the crime committed. Justice Elena Kagan argues that juveniles who commit crimes typically have a rough upbringing or unfortunate circumstances which cannot be controlled by the juvenile. She argues that if they are serving a life in prison without a chance of parole, it causes damage to them psychologically due to the lack of experiences. They will miss the most important moments in life that define who they are as an individual. Elena Kagan thought to believe that juveniles and their cases should be going to court with the consideration of age, immaturity, impetuosity, and behavioral circumstances.
My understanding of probation and parole are that while they are used in the criminal justice system, they both are used for different purposes. Probation is generally used for offenders who commit crimes and are put on supervision rather than being incarcerated. While on probation the individual is expected to keep in contact with his or her probation officer and follow strict rules and guidlines. Parole is used for prisoners who have served most of their sentence in prison and then are released to serve the rest of it outside of jail. Like probation, a parolee must also keep in contact with his or her assigned officer and follow the same rules and guidelines.
The last thing about incarcerations is there are other alternatives. That’s the another point the Smarter Sentencing Act is trying to say other than shorter sentencing times. “The 24/7 Sobriety Project is a court-based program designed to reduce the re-offense rates of repeat Driving Under the Influence (DUI) offenders. Started as a pilot project in South Dakota in 2005, the 24/7 Project requires participants to maintain full sobriety, meaning no use of alcohol or illegal drugs, in order to keep their driving privileges and stay out of jail” (). This states that anyone with a DUI or any other drug offences can seek help to stay out of jail in South Dakota.
Bail bonds and the bail bond process stays pretty consistent with the processes established throughout California by the CA Department of Insurance. When it comes to common arrests for petty crimes, the bail bonds process will only really vary based on the location of the arrest. While the actual bail bonds process remains the same, wait times for release will vary, depending on if the arrestee is being held at a local city jail within a police station or has been transferred to a county jail. Wait times can also vary based on how busy the particular police station or jail is and how the staff is being utilized that particular day. For the most part, bail cost and other details will remain constant.
Many think otherwise, but in reality and fairness, anyone, especially with proven murder should certainly be tried as an adult. The quote “if you can’t do the time, don’t do the crime” plays a decent role in this specific case. It’s simple, if you can’t bare being confined in prison, don’t do the causing action. Additionally, the fact stated “If juvenile
General deterrence and Specific deterrence at first glance seems like it runs hand and hand. As you look closer and understand it better, you come to the realization that they are two different topics. General deterrence is focused on the legal punishment if you are caught committing a crime. Specific deterrence focuses on punishment of criminals that are apprehended. So many question still remain on how effective both deterrence really are.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized". The 4th amendment was made based on the Founding Fathers ' experience with the Kings agents and the all purpose writ of assistances that they used abusively. Without the 4th amendment, we would be at the mercy of the police because they could come into our household, search anything and take whatever they want. "A reasonable expatiation of privacy" the 4th amendment secures the protection of the