In “Kill Capital Punishment” by Janine Espino a Reagan High school student argues that Capital Punishment should be abolished in all fifty states, Espino’s position is vaild.
Within that statistic, most of the imprisoned are non-violent offenders. The problem starts with Arizona’s mandatory imprisonment laws. Research highlights that, “under Arizona's mandatory sentencing system, non-violent offenders make up the majority of state prisoners” (Greene). However, the mandatory sentencing does not just affect Arizona’s population. All across America, mandatory sentencing laws are forcing people to be put into prisons without a second thought. These laws were initiated in the 1970’s and put into action in the 1980’s. Ronald Reagan made these laws after initiating a war on the production, sale, and usage of illegal drugs. These laws insist on 5 years in prison for the first drug related felony, 10 years for the next felony sentencing, and 25 to life for the third felony. A process known as the three strikes rule. This campaign for the war on drugs has dragged out into current times. The placement of so many people into prisons for general, popular, frequent non-violent crimes has lead to such an extravagant number of people inside the walls used to punish people of horrific
The court case, Kent vs. United States took place in 1966. This case was about Morris Kent, a 16-year-old boy who had been on probation since he was fourteen. Morris has just been arrested again for three counts of home burglary, three counts of robbery, and two counts of rape in the state of Washington. Because of the seriousness of his charges and the fact that he had been in court before, prosecutors attempted to have Morris tried in adult court. Because of this, Kent's lawyer told the judge that he had a mental illness while committing these crimes, he wanted Morris to stay in juvenile court, where the penalties would be much less severe. Alas, the judge didn't listen to the lawyer and sent Morris to be tried in adult court. While there, he was found guilty and sentenced to 30-90 years in prison. Morris appealed, saying that case should've stayed in
In Roper v. Simmons there are two issues that must be addressed, the first being the issue of moral maturity and culpability. The defense in the trial phase of this case argued that Mr. Simmons was an at an age where he was not responsible enough to fully understand the effects and consequences of his actions. The majority draws on Atkins v. Virginia to argue that this specific precedent supports their case that the death penalty should not be imposed on the mentally immature or impaired. However, an important point to be made is that the Atkins v. Virginia decision is geared towards the clinical definition of mental retardation: significant limitations that limit adaptive skills. Also, another important question to consider is the competency and premeditation of Mr. Simmons’ crime in this case. The argument that four months would be
The scuffle over the marijuana regulation is one of the most important federalism dispute in a generation. This open-ended conflict of federal and state marijuana laws forces people to think over the protective powers of the federal drug laws and the fiiting roles of state and federal government in setting drug policy. A weaken instability and confusion have been caused due to the conflict of these states changing from prohibition to the regulation of marijuana use. Although the courts have not authorized an actual configuration of the preemption doctrine of this situation and it is argued that the precautionary extension of the Federal Controlled Substance Act is comparably reserved. The Department of Justice decided not to challenge Colorado and Washington State ballots that pushed the legalization of marijuana for adult use. If the federal government decision to invoke the federal laws against the individuals in states with their own administration, the additional ramification for continues disregard of federal prohibition will stand
The 1996 Proposition 215, now codified as the Compassionate Use Act of 1996, was created to ensure ill residents of California had access to medicinal marijuana. The 1996 Act is relevant to this 2005 case because it is important to the eventual dispute before the court. Angel Raich and Diane Monson suffered from serious medical conditions and used marijuana as medication for several years, due to their doctors’ recommendation. They used marijuana in compliance to the
In September 1976, during the course of ten days, the respondent, Strickland, planned and committed three groups of crimes, including three brutal stabbing murders, torture, kidnapping, severe assaults, attempted murders, attempted extortion, and theft. His two accomplices were arrested, and the respondent surrendered to police. He provided a voluntary statement and confessed to the third murder. He was indicted by the State of Florida for kidnapping and murder and was appointed an experienced criminal attorney to represent him.
For the Application of the Criminal Justice System project of the Criminal Justice course, I chose the arrest of John Burke. This case is about the arrest and sentencing of John Burke who had shot and killed Joseph Ronan. Twenty-five year old John Burke agreed to meet with 22 year old Joseph Ronan at Ronans home, in Reading, Massachusetts on Monday, August 15, 2011 around 1pm, with the intent of purchasing Percocet pills. (Boston.com, 2013) However, shortly after entering Ronans home, Burke opened fire (News, 2011), and after shooting Joseph Ronan several times, with the belief that Ronan was involved in a robbery at Burkes apartment in April 2011 (Boston.com, 2013), fled the home. Ronans grandfather (Daniel, 2011), who had been in the home
No, the Act does not being unconstitutionally applied as an Ex Post Facto law Clauses.
The Eighth Amendment prohibits inflicting cruel and unusual punishment on citizens. The judicial branch must ensure that the rights and privileges granted to American people by the Constitution are provided equally regardless of their race, sex, or sexual identification (Edmondson, 2017).
MILLERSBURG — Referring to her ex as a psychopath who tried to kill her, a domestic violence victim made an impassioned plea Tuesday afternoon for imposition of a prison sentence for her abuser.
Some say mental illness is an invisible disease, one that begins to eat someone from the inside out. Being mentally ill comes in many different forms: from basic depression and anxiety, to schizophrenia and depersonalization. These disorders can make a person feel as though they are losing control over what they are doing, as well as losing sight on what makes them normal. Mental illness can make a person do things that a normal person would not do, simple because of a person 's moral and ethical values. Sometimes, however, a person who is mentally ill commits crimes that are unforgivable. So, in lieu of these crimes, does that mean that the mentally ill should be punished, to the extremes of the death penalty, or should they be forced into
In the early 1980s, the United States declared an all-out war on drugs and over the past several decades the United States of America has traveled down a dark road when it comes to sentencing for drug offenses. One of the major tools that they used in this war on drugs is the mandatory sentencing laws. These laws were enacted in 1984 to help combat and get violent drug dealers off our streets. What these laws did was set a mandatory minimum sentence that stated if you are arrested for fifteen or more grams of crack cocaine, you would be charged as if you had five hundred grams of powder cocaine thus getting you a minimum of a ten year sentence in prison. If you are arrested for growing 100 marijuana plants under these draconian laws, you would be charged as if you were possession of 100 pounds of marijuana which carries a minimum of a five-year
Albert W. Florence, the petitioner in this case, was initially arrested in 1998 and charged with use of a deadly weapon and obstruction of justice (Florence v. Board of Chosen Freeholders, Opinion, I). He pled guilty to two lesser counts and was ordered to make monthly payments to cover his fine. However, as stated in the Opinion of the Court, he did not keep up with his payments, and a warrant was issued for his arrest in 2003. Florence paid the rest of his fine only days later. However, when he and his wife were pulled over in Burlington County, New Jersey, in 2005, the state trooper’s computer system still had Florence’s warrant, so he arrested and transported him to Burlington County Detention Center. However, as noted in the majority opinion, the arrest itself was not the cause of the case.
The supreme decision regarding health care in prison is Estelle v. Gamble in 1976. J.W. Gamble was a state prisoner within the Texas Department of Corrections who injured his back when a cotton bale fell on him. Over the next three months, he complained of back and chest pains, was subject to administrative segregation for refusing to work because of continuing pains, he was twice refuse permission to see a doctor. So Gamble filed his complain in court, under section 1983, claim and unusual punishment in his medical care. In that case, the Supreme Court held that prison staff (whether doctors or officers or any others) violated the Eighth Amendment if they were deliberately indifferent to the serious medical needs of prisoners.