Mandatory Sentencing Pros And Cons
Mandatory Minimum Prison Sentences.
The writer wishes to introduce the reader to the concept of Mandatory Minimum Prison Sentences through a process of in depth analysis, fact presentation and subsequent conclusions.
Of the many straws that link Canada, United States of America, England and Wales, Scotland, Ireland, Australia, New Zealand, India and South Africa, Mandatory Minimum Sentencing is a particularly debated legal concept. Mandatory Prison Sentences in their barest extents are minimum prison sentences below which a judge can’t award a sentence to a criminal. Even if the Judges wish to award a lower sentence, they can’t. When the British colonised many of its colonies around the world, they gave them something else apart from a taste
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Proposers of mandatory sentencing have always preached that such penalties are reflective of public attitudes toward mandatory sentencing. In reality, the public supports mandatory sentencing only when asked to consider the most serious crimes of violence, and when the poll questions prevented respondents from considering the potential deficiencies associated with mandatory sentences of imprisonment (such as a loss of proportionality in sentencing). Recent polls conducted in Australia and in the United States demonstrate that public support for mandatory sentencing has declined in recent years. This, in turn, explains the decline in support for mandatory sentencing among polity. Which brings us to the bend along the road, where I believe it is time for the society to do away with Mandatory Minimum Prison …show more content…
However, in 2003 a new 'two strikes' law was enacted (effective April 4, 2005), requiring courts to presume that a criminal who commits his second violent or dangerous offence deserves a life sentence unless the judge is satisfied that the defendant is not a danger to the public. This resulted in far more life sentences than the 1997 legislation. In response to prison overcrowding, the law was changed in 2008 to reduce the number of such sentences being passed, by restoring judicial discretion and abolishing the presumption that a repeat offender is
R V Dean Case Study
1700 Words | 7 PagesThe Australian Crime Commission: the sentencing of offenders in the New South Wales criminal justice system Cases: - R v Dean [2013] NSWSC 1027 - R v David John STEVENS [2014] NSWDC 197 Section One Case 1: R v Dean [2013] Elements of the offence: Actus Reus: Roger Dean pleaded guilty to eleven counts of murder by way of reckless indifference to human life, and eight counts of recklessly causing grievous bodily harm ( s 18 and s 35 (2) Crimes Act 1990) . The offence occurred in the early hours of November 18th , 2011. The actus reus of the offender, Roger Dean has been proved by the prosecution upon the investigation of the case. CCTV footage from the Quaker’s Hill Nursing Home shows Roger Dean repeatedly walking in and out of multiple
Summary Of The Sentencing Reform Act Of 1984
461 Words | 2 Pages“The Sentencing Reform Act of 1984” The article, “The Sentencing Reform Act of 1984” (2015), written by Eric Girault, persuades the audience that the enactment of the law did not reduce crime in societies, but was misappropriated, which caused a negative impact on families and their communities. Girault describes this by sharing his personal anecdote on receiving a harsh prison sentence for a non-violent crime as a first time offender. He uses trustworthy resources in order to substantiate his claim. Girault’s intended audience for this piece of writing is the general public, specifically those that lack knowledge of the law and its due process.
The Paradox Of Scottish Life Imprisonment By Katrina Morrison
1193 Words | 5 PagesFocus on the practices and policies in place for life imprisonment and if it’s practical. The question they ask is how to reduce an astronomical amount of life imprisonment. The authors go into more detail about life imprisonment in Scotland. Once a criminal is convicted, they have the power to imprison
Argumentative Essay On Time Sentence Reforming
383 Words | 2 PagesModern sentencing practices are outrageous and out of control. People go to prison for 162 years for stealing a car or 25 to life just for simply making a mistake of leaving their child in the car for no longer than 20 minutes without killing or harming the child. Even the innocent get sentenced major years for crimes they didn’t even commit. Lately sentencing has been crazy, so at this point in time sentence reforming is relevant in this case. To begin with, sentence reforming needs to take place because people are getting way to many years for petty crimes they didn't commit.
Pros And Cons Of Mandatory Minimums
1378 Words | 6 PagesMandatory minimums have long been a controversial topic in regard to the United States criminal justice system. Many people who are little to no threat to the public have received long and harsh sentences because of the mandatory minimums. The purpose of these laws was to help prevent future crime, deter people from drug use, and give violent offenders longer sentences. These legislative changes have caused the lengthening of sentences, truth in sentencing laws, and three-strike laws. Mandatory minimums require convicts to serve a minimum amount of time for certain crimes or because of their recidivism.
Impact Of America's Overcrowded Prison Crisis And War On Drugs Involvement
939 Words | 4 PagesAmerica's Overcrowded Prison Crisis And War On Drugs Involvement. Should we lower mandatory minimum sentences for nonviolent offenses?The reason for this is that we should prioritize the space in the prisons for real dangerous people. This question really arose during the forefront of the War on drugs crisis. “The proliferation of mandatory minimum sentences during the height of the War on Drugs” ("The hidden costs of America's war on drugs. "by
What Is The Role Of Sentence Disparity In Criminal Justice
1014 Words | 5 PagesIndividuals who commit the same crime should receive the same sentences, if the this is the individuals first appearance. If one of the individuals has committed the crime before, and then committed it again, this individual needs to be punished more severely, then the one that committed it for the first time because the judicial system needs to show individuals that it is not going to allow an individual to commit the same crime over and over and just get a slap on the wrist for
Against Mandatory Minimums
168 Words | 1 PagesMandatory minimums are court decisions whereas judicial discretion, or the judge’s ability to lower or increase the sentence, is limited by law. With the aim to lower crime rates, certain crimes, especially nonviolent drug crimes, are punished with a minimum number of years in prison. But, in many cases, specifically nonviolent drug offenses, this sort of punishment never reflects the crime. Because the context of the crime must always be considered when sentencing someone, and mandatory minimums throw context right out the window . . . Not only do mandatory minimums undermine justice by preventing judges the power to lower a sentence based on the context of the crime, but they also contribute to America’s rising prison population.
Essay On Mandatory Minimum Sentencing
1798 Words | 8 PagesDefined as a public policy that imposes an outlined amount of prison time based on the crime committed and the defendant’s criminal history, these sentences dictate that a judge must enact a statutory fixed penalty on individuals convicted of certain crimes, regardless of extenuating circumstances. Such laws have removed discretionary sentencing power from judges, instead focusing on severe punishments in line with national drug and crime concerns. While the original goal of mandatory minimum sentences was to deter potential criminals, reduce drug use, control judicial prudence, the policy has had extreme consequences such as sentencing imbalances and
Essay On Mandatory Minimum Law
662 Words | 3 PagesA mandatory minimum sentence is the minimum number of years in prison that must be served when a person is convicted a particular crime. Drug crimes sentences vary based on the amount of the drug involved. The purpose of mandatory minimum sentence is to prosecute high drug offender (Sterling). An example of a mandatory
Tough On Crime Policy Analysis
784 Words | 4 PagesAs a result of the increasing animosity of law enforcement authority and justice officials within our society, it has become apparent that the time for Congressional action is now to aid in calming the social fire storm of recent social anti-police movements, increased deadly ambushes upon unsuspecting police officers, and hateful rhetoric in the form of rebellious movements. So where should our nation’s leaders begin? Professor Paul George Cassell J.D. professor of Law at the University of Utah and former Unites States federal Judge suggests by starting with a reexamination of congressionally mandated mandatory minimum sentencing. In Cassell’s publication titled “Sense and Sensibility in Mandatory Minimum Sentencing” Cassell argues the unreasonableness of forcing mandatory minimum sentencing upon state courts when oftentimes, the punishment far exceeds the severity and/or social impact of the crime. As he explains within the text, “In practice, statutory minimums can distort the processes and outcomes of the federal system.
The Pros And Cons Of Sentencing
840 Words | 4 PagesSentencing 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.
What Are The Pros And Cons Of America's Prison System?
507 Words | 3 PagesThose who find themselves sentenced to time in a penitentiary, jail, or prison are at risk of either being broken or strengthened by the time they spend behind bars. There is a great debate of whether or not the prison system in the United States is positive or negative. The following will briefly highlight the positives, negatives, and possible alternatives for our nation's prison system. First, there is a long list of negatives that the prison system in America brings. The prison system is filled with crime, hate, and negativity almost as much as the free world is.
Annotated Bibliography On Death Penalty
1145 Words | 5 PagesDeterrence and the Death Penalty: The Views of the Experts. The Journal of Criminal Law and Criminology (1973-), 87(1), 1. doi:10.2307/1143970 This article was written by Michael L. Radelet and Ronald L. Akers. They both consulted experts on criminology and criminal behaviour to evaluate the effectiveness of the Death Penalty.
Essay On Harsh Punishment
1048 Words | 5 PagesThere is a worldwide trend in the use of penal imprisonment for serious offenses as capital punishment has been renounced by an increasing number of countries. Harsh punishments include capital punishment, life imprisonment and long-term incarceration. These forms of punishments are usually used against serious crimes that are seen as unethical, such as murder, assault and robbery. Many people believe that harsher punishments are more effective as they deter would-be criminals and ensure justice is served. Opposition towards harsh punishments have argued that harsher punishments does not necessarily increase effectiveness because they do not have a deterrent effect, do not decrease recidivism rates and do not provide rehabilitation.
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