Plea bargaining can present a dilemma to defence counsel in choosing between vigorously seeking a good deal for their present client or maintaining a good relationship with the prosecutor for the sake of helping future clients. There are few ways to bargain with the prosecuting officers. For both the government and the defendant, the decision to enter into or not to enter into a plea bargain can be based on few things. One of them is the seriousness of the alleged crime.
Selective incapacitation targets a specific type of offender, the type that is generally dangerous and more likely to continue offending outside of prison. Their prison sentences may be lengthier because of their unstable characteristics. There is a problem with selective incapacitation though; discrimination between races and ethnic minorities happen because they are more commonly found to be in the selective incapacitation approach. The other more expansionist approach is general incapacitation where the broad use of imprisonment is utilized “to achieve large gains in crime prevention by locking away even minor offenders” (Alarid & Reichel, 2017, p. 20). However, with this approach, the problem posed is overpredicting which results in avoidable long sentences for a population that would generally not
Sentencing 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.
Jerry Kang’s Ted Talk and his article “Implicit Bias in the Courtroom” link implicit and explicit bias to attitudes and behaviors. Implicit bias was the primary focus for both, and in his study he was able to measure implicit bases and how if effects behavior by using the Implicit Association Test (IAT). He argues that implicit bias seems to predict to some degree our attitudes and behavior towards other people. In his article, he explains two situation, criminal and civil employment, cases within a courtroom where bias leading up to sentencing, plea deals, hiring, and verdict are all impacted by the implicit bias of the judge and the jury. To begin his argument he demonstrates how police encounters, charging and plea deals, trials, and sentencing are all affected by implicit bias.
When a crime is committed and an individual is caught in the act, there is a set process that one follows to adhere to the rules of the criminal justice system. This method can be simplified by looking at the common flow of events: (1) an individual is arrested, (2) individual is brought to court, (3) individual receives a punishment. Though it may appear that the way in which the criminal justice system functions is sufficient, many voice the concern that there are certain key players affected by crimes that are consistently disregarded. These players are otherwise known as the victims and the community. As a result, many have hypothesized a new approach to justice that incorporate all aspects of crime.
The victim deserves similar level of protection and attention from the court like that of an accused i.e. a victim 's interests need to be balanced vis-à-vis that of accused. Victims of crime go through mental and physical trauma and suffer throughout their lives , as there place in the society changes. A victim is certainly entitled to reparation, restitution and safeguards of his rights and criminal justice would look hollow if justice is not done to the victim of the crime. In recent years, the Legislature and the judiciary have taken gradual steps to develop the necessary principles by which appropriate compensation could be paid to the victims of crimes. The gradual shift in the approach of the Supreme Court is a positive sign but other organs i.e. the government and the legislature have to make conscious efforts to consider the rights of the victims.
The are several types of sentencing that follows what is intended to be an impartial judicial proceeding during which criminal responsibility is ascertaining. Majority of the sentencing decisions are made by judges, although in cases such as death sentence cases, a jury may be involved in a special sentencing of the sentencing process. Unfortunately, sentencing decision is one of the most difficult made by any judge or a jury especially when it impacts someone’s life. Additionally, there are numerous sentencing models in the United States such as determinate, indeterminate, and mandatory minimum sentencing. First, determinate sentencing is a set term of incarceration and sentencing could potentially be reduced by good time.
’’(http://www.biography.com/people/cesare-beccaria-39630) Beccaria believed that the criminal justice system needed to be changed, he thought the present criminal justice system was ‘barbaric and antiquated’. Beccaria also believed that certain laws should be changed and who they should benefit. He believed the system should establish the appropriate punishment for each crime committed. Unlike many of the other theories ‘’On Crime and Punishment’’ wanted to help and protect the rights of the criminals as well as the rights of the victims, he believes that punishment of the criminals should be that which serves the greatest public good. Beccaria also put forward in his theories the first modern argument against the death penalty.
There are also some cases in which master is negligent and a liability arises on him. Many laws and acts have been passes by the court of law in ordere to make decisions. There should be an establishement of few new acts according to me so that servants can also be more responsible and so that the degree of negligence
They consume the lives of millions. Treatment from these drugs is painful mentally and physically. There are countless risks when it comes to the usage of these drugs. People can experience shortness of breath, dizziness, disorientation, sudden personality changes, and many others. They can turn a healthy individual into someone unrecognizable and self-destructing.
The framers of the Constitution set forth the rules regarding individual liberty and justice which citizens are endowed by their creator. However within the modern criminal justice system, certain rights guaranteed by the Constitution have been violated. One such example is the current bail system which often acts in contrast to the Eighth Amendment of the Constitution. With courts often setting large bail requirements that are difficult to meet for accused offenders, the current state of the criminal justice system often denies the accused of their rights under the Excessive Bail Clause. Ultimately the modern bail process within the criminal justice system is one area that is deeply needed of reform.
This can be on the side of the tenant where they are not being treated properly or can be on the landlord side where they are not being paid and need to evict a tenant. There are many laws that surround these situations that need to be adhered. Criminal Law: This legal arena includes anyone who is charged with a crime and is facing punishment. Why It’s Important to Have Knowledgeable Help When Facing Legal Issues: “Justice is Coming” is the slogan of the Law Offices of Joseph M. Lally for a reason. When clients need legal guidance, Joseph Lally is ready and willing to offer this help and guide clients through the legal process, ensuring justice is on its way.
This paper is to help show how sometimes judges can be Bias or inherent in the amount of bail set and other restrictions for pre-trial release while showing the concept of bail what can be done to prevent arbitrary and potentially prejudiced decisions from being made in the courtroom when it comes to bail by the judge, Also discuss the pros and cons of private vs. public defense. Introduction This paper will show the pros and cons of pre-release and define pre-trail release and bond, arbitrary. bond types also look into the factors of bail amounts a judge looks at to determine how much the defendant’s bail is and a few ways to prevent arbitrary and potentially Prejudice decisions from being made in the court by judges.
Plea bargaining- This is also called plea acceptance. It is the process where a defendant may plead guilty to a lesser offence in return for a more serious offence being dropped. This has the advantage of trying to avoid a long and expensive trail that may or may not produce a conviction. By accepting a guilty plea to a lesser charge, time and money could get saved by both the defence and the prosecution.
Historical commision reports have been extreemly useful for the fomration of future policy decisions. Looking at the similarities and differences in the circumstances that led to the formation of the Wickersham, Kerner, and Obama Commissions. Also, what were the similarities and differences in the reports ' recommendations. While the nuances of each report are different both in breath and scope the over arching theme of the three reports have very tangable and similar themes. Criminal activity and public outcry led to each of the commisions being formulated.