The Pros And Cons Of Mandatory Minimum Laws

Traditionally, intermediate sanctions are designed for offenders who require a correctional opinion that is more punitive and restrictive than routine probation but less severe than imprisonment. Intermediate sanctions are used for a variety of offenders. Persons accused crimes and released into the community, persons convicted of misdemeanors and felonies directly sentenced to an intermediate sanction, and jail inmates. Unlike probation and parole, it is difficult to accurately determine the number of offenders involved in intermediate sanctions or even the number of intermediate sanctions that exist in different areas.

The main purpose of Corrections is to punish the people who break society’s rules. Many of the early American correctional methods were based off of English laws and practices. The Anglican Code was predominant in many of the colonies, and replaced the Quaker Code (in Pennsylvania) in 1718. There were 13 capital offenses listed in the Anglican Code. Larceny was the only one not punishable by death. Punishments for less serious offenses were:

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.

Imagine you are a fifty-one year old man and you have not eaten in two days, and you resort to theft. Stealing a fifty-cent package of doughnuts from the corner store. You are at your home when suddenly officers burst in and arrest you. Then during your court proceedings, the prosecutor brings up two prior convictions from thirty years earlier so he can charge you under mandatory sentencing laws. This means a life sentence without parole over a fifty- cent pack of doughnuts. Though this scenario sounds too outrageous to be true, it happened to Robert Fassbender, a California man. States Attorney Yraceburn stated," Because of his (Fassbender) history of recidivism and the number of crimes he 's been convicted of," Fassbinder

In 1971, 1 out of 12 Americans were incarcerated. Since that time, the prisoner ratio has exponentially increased; today, that ratio is 1 out of 51. With that number continuing to rise, many problems result out of it. Prison overcrowding is a growing problem in the United States. The number of people being taken in has regressive effects on the purpose behind imprisonment. Though the prisoners are not there for a comfortable and enjoyable stay, ethical rights are being ignored. How can a someone carry out their sentence rightfully if the focus is taken away from them and put on the judgment of the courts and justice system? Prison overcrowding is without a doubt problematic and inhumane. The mandatory sentencing laws, lack of attention on

The United States incarcerates a greater percentage of the population than any country in the world (CBS, 2012). According to the US Bureau of Justice Statistics, over 2.3 million adults were incarcerated in federal and state prisons, and county jails in 2013. There are an additional 820,000 people on parole and 3.8 million people on probation (Wagner & Rabuy, 2016)

Today I called the Illinois Representative Michael J. Madigan office and received his answering machine. I left him a message asking him to please consider passing bills for sentencing reform legislation, such as the Sentencing Reform and Corrections Act (SRCA), S.2123. I told him that I am a registered voter and it has come to my attention that the federal prison population has skyrocketed dramatically over the past 35 years and most of the people in the prisons are in for minimum drug sentences. I told him that while people are in prison they are losing income, job skills, and are typically unable to attend rehabilitation programs. All of these aspects make it extremely difficult for the people to obtain jobs or get on the right path once

What are your thoughts about the prison system? Today 's prisons are so bad that prisons in the United States hold 5 percent of the US population. Many people get sent to jail cause of the 3 law strike because a lot of minorities are caught with drugs. Plus the government is wasting 75 billion dollars on these facilities instead of using the money in a better way like making programs for the prisoners that need help with mental health or other stuff.

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.

Sentencing in the United States has greatly increased due to a number of things. Mandatory minimums, which are a minimum of years served in prison determined by the offense, and the severity of the crime. The National Research Council found that roughly half of the 222% growth in state prison populations between 1980 and 2010 was caused by the increased time in prison for all offenses. Life sentences, without parole, have increases astonishedly. 1/9 prison inmates are sentenced to a life sentence. Mandatory minimums can decide how long prisoners will be held in jail, and if they will ever be released. This system of punishment prevents justice from prevailing due to the fact that it is more of a “one size fits all,” punishment rather than

Those 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.

While researching this topic I have found multiple pros and cons of the three strikes law. Some of the pros that were mentioned include: repeat offenders will stay in prison; can deter offenders who have had two felony convictions from committing another crime; and it only applies to convictions. The first pro of the Three Strikes law is that repeat offenders will stay in prison for at least 25 years after their third conviction. If criminals choose to continue to break the law then will have to pay for their crimes. These criminals will not have a fourth chance to break the law. The Three Strikes law is a way to ensure justice and to stop criminals from committing more crimes. According to Adam Gelb, director of the Pew Center's Public Safety

Custody sentences are for punishment, rehabilitation and education, however, there are different views to youth imprisonment. Some critics say if you commit a crime you should take responsibility and jail will give you a ‘short sharp shock’ and you will receive rehabilitation. Whilst some say it is damaging to children and would lead to further reoffending once they are out due to learning crimes off other criminals. Evidence does suggest that children who have more than one risk factor present are more than likely to be involved in criminal activities (Hopkins Burke, 2016 p. 232). There are three penal institutions sometimes called secure estates - local authority secure children's homes, secure training centres and young offender’s institutes.

Sentencing methods and rationales are continually highly contested in the Criminal Justice system. Monetary penalties are particularly pivotal in these debates. According to Walsh, research from all corners of the world continually demonstrates that the poorest in society are more likely to be subject to the Criminal Justice System. This evidence Walsh argues, ‘cannot be ignored’, when considering which sentencing options should be used. The fine is the most commonly used penal sanction in most Western Penal systems. Fines are a historic type of monetary penalty which have remained incredibly popular. Outside of the United States, fines make up about 70 % of all punishments in the lower courts. The fine can be seen as a modest penalty, and appropriate, in my opinion, only if the offence was minor. Bentham sees monetary penalties as ‘ideal’. This I argue is incorrect. Monetary penalties have so many disadvantages that they should not be used to a greater extent in the criminal justice system. Thus some have gone as far to argue that they should be completely abolished. However Burch has said that this would not be possible so reform should be favoured instead. I will argue that updating their current use is essential in order to make the current system of fines more effective and more restricted. I will continue to discuss why fines are not effective, from their rational, to their effect on the offender to the way that they are set in practice. I will conclude

Suppose you are asked to a favor for someone you know, and in return you would be fairly compensated. This favor includes the delivery of a heavy luggage bag to a location where someone will take it from you. Pretty easy favor to get paid for, right? Well this favor could have you facing a mandatory minimum sentence of 20 years in the federal prison system. Contained in the bag was 10 kilos of powdered cocaine. You didn’t ask questions because you thought you knew this person and you could use some extra cash. Although this is your first time ever being in trouble with the law, you are facing some serious jail time. Unfortunately, this is the case for many first-time non-violent offenders as a result of mandatory minimum laws. What are mandatory