Franklin, J. (2000).Three Strikes and You're Out of Constitutional Rights - The Prison Litigation Reform Act's Three Strikes Provision and Its Effect on Indigents, 71 U. Colo. L. Rev. 191. This article hypothesizes that the PLRA Three Strikes provision or law goes against the equal protection element provided for in the Fifth Amendment due process clause and hence, it is constitutionally suspect. The methods used to find information and data to support the hypothesis are qualitative whereby the researcher reviews past documents and records regarding the three strikes provision.
These details include: what mandatory minimums are and what brought about their start, knowing what classification of offenders are affected by the laws and if it is warranted for the offense, the number of inmates incarcerated currently that are serving mandatory minimum sentences, and the impact mandatory minimum laws have on the prison systems. Before we jump to judgmental conclusions about someone that has been convicted of a crime, then sentenced a lengthy prison term under the mandatory minimum laws, we must first dissect ourselves. I will leave you with this simple question: Have you ever made a decision without fully understanding how the outcome would turn
Discretionary release- conditional release while remaining under supervision of an indeterminate sentence. Cons of discretionary parole -the society don’t want to live close to a person who commit crimes or want to have any relationships with him. -the lack of punishment, the society believe that the criminal deserves to be punishment very hard to could get back in the society. -the lack of probation officer, the probation officer is taking care more than one person, and it’s more difficult to have control
In the criminal justice system when a person commits a crime and they are found guilty the judge will sentence them. What does it mean to sentence someone? Sentencing is the standards that is used to determine a punishment for the offender. The sentencing stage is only done after the defendant is found guilty or pleads guilty. However, just cause a judge sentence someone does not mean jail or prison time only.
In other words, the remaining 3 years of his sentence are remitted. Nevertheless, the idea of the pardon for prisoners is controversial. This paper will present the benefits and problems surrounding remissions within the prison system. Firstly, all human deserve an opportunity for self-improvement. Pardon gives prisoners a chance to change their behavior.
The death penalty is an ineffective method of punishment for criminals because it is not ethical, it does not stop crime, and innocents could be killed. Firstly and most obviously, the death penalty is wrong and unethical. Lethal injection is the type of punishment most used today, goes against the constitution, and is incredibly cruel. While it is perhaps less cruel than older forms of execution, such as the electric chair, it is still very unconstitutional. In an article about lethal injection, the author states,“The current use of lethal injections constitutes cruel and unusual punishment, which is prohibited by the Eighth Amendment to the U.S. Constitution” (Lethal Injection).
To ban speech for this reason, i.e.,for the good of the speaker, tends to undermine the basic right to free speech in the first place. If we turn to the local community who were on the wrong end of hate speech we might want to claim that they could be psychologically harmed, but this is more difficult to demonstrate than harm to a person 's legal rights. It seems, therefore, that Mill 's argument does not allow for state intervention in this case. If we base our defense of speech on the harm principle we are going to have very few sanctions imposed on the spoken and written word. It is only when we can show direct harm to rights, which will almost always mean when an attack is made against a specific individual or a small group of persons, that it is legitimate to impose a sanction.
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.
Sentencing- Sentencing is when a judge decides what the criminal justice system should do with a person that has been found guilty of committing an offence. A sentencing can only happen when all the relevant information and facts have been heard by the judge and the jury, and when the defendant has been proven to be guilty for committing the crime. If there is no jury present in a case the judge will decide whether he/she is guilty. (C. Quirke, 2018) Types of sentencing- The judge has three of imprisonment options available to him/her 1. Mandatory sentence Commonly known as a life sentence, this is a sentence that criminals get for doing serious or violent crimes.
That there are severe imperfections in the justice system which could likely result in a situation where innocent victim might be executed can be seen in the review of cases by the Supreme Court. That it is biased against the poor and the marginalized can be seen in the socio-economic profile of the convicts. It is violation of the right to life and the right not to be treated cruelly. Yet, the government maintains that is effective in combating crime. It imposes the mandatory death penalty on 21 crimes while the other 25 crimes are death eligible.