Mandatory sentencing Essays

  • Pros And Cons Of Mandatory Minimum Sentencing

    387 Words  | 2 Pages

    Mandatory minimum sentencing requires a minimum sentence based on the crime that the offender committed (Levinthal, 2012). The majority of the laws involved illicit drug activity and is based on the amount of the substance that was in the individual’s possession. Unlike general sentencing, the judge involved in the mandatory minimum sentencing must follow strict guidelines that are provided. The judge cannot decrease the term of the sentence, no matter the circumstances that are involved in the

  • The Pros And Cons Of Mandatory Sentencing

    1728 Words  | 7 Pages

    Mandatory sentencing occurs when a crime is committed and a required sentence must be provided from the magistrate or judge. Normally, a required sentence sets a minimum sentence. If it deems it appropriate, a court can still impose a sentence that is longer than the maximum penalty and sometimes, it is also mandatory for a court to order that prison sentences be served one after the other (cumulatively), and not at the same time (concurrently). In Queensland serious repeat child sex offenders receive

  • Mandatory Sentencing Laws Essay

    1509 Words  | 7 Pages

    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

  • Mandatory Minimum Sentencing Essay

    701 Words  | 3 Pages

    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

  • The Pros And Cons Of Mandatory Minimum Sentencing Laws

    811 Words  | 4 Pages

    Mandatory minimum sentencing laws, which were introduced about three decades or so ago, allow judges to issue a minimum prison sentence at the discretion of the prosecutor, who determines the charges that are placed against a defendant. These laws, as outlined by the Criminal Justice Policy Foundation (n.d), limit the power of the judges to make a judgment on the punishment that can be given to a defendant. The meaning being that mandatory minimums transfer the power to give sentences from the judges

  • Sentencing Guidelines In The Criminal Justice System

    1427 Words  | 6 Pages

    Sentencing Guidelines are a set of rules used by judges in the criminal justice system in the United States. The sentencing guidelines were first established in Massachusetts in 1994. When the sentencing guidelines were established, its main goal was to "promote truth in sentencing by developing a set of guidelines that was appropriate in consideration to the crime the individual had committed." (Massachusetts Sentencing Guidelines, February 1998, the Honorable Robert A. Mulligan, Chairman). There

  • Disparities In Prisons

    1642 Words  | 7 Pages

    the United States in the legal system. Prison sentences imposed on African American males in the federal system are nearly 20 percent longer than white males convicted of similar crimes. The 1994 Crime Bill signed by President Clinton established mandatory minimum sentences. African American and Latino offenders sentenced in state and federal courts face greater odds of incarceration than white offenders who are in similar situations and receive longer sentences than whites in some jurisdictions. Research

  • Pros And Cons Of Mandatory Minimums

    1378 Words  | 6 Pages

    Mandatory 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

  • Mass Incarceration Literature Review

    1728 Words  | 7 Pages

    lower the crime rate nor encourage prisoner reformation. When non-violent, first time offenders are incarcerated alongside violent repeat offenders, their chance of recidivating can be drastically altered by their experience in prison. Alternative sentencing for non-violent drug offenders could alleviate this problem, but many current laws hinder many possible solutions. Recently lawmakers have made attempts to lower the recidivism rates in America, for example the Second Chance Act helps aid prisoners

  • Pros And Cons Of Restorative Justice

    893 Words  | 4 Pages

    The Criminal Justice system in Ghana defines a crime as an act against the state rather than an act against the individual and the community at large. It focuses more on punishment and retributive justice instead of restorative justice, which takes into consideration the victims, and healing the harm caused them. Victims often feel vulnerable and defenseless. Some even feel twice victimized, first by the offender and then by an uncaring criminal justice system that does not make adequate provision

  • Essay On The Death Penalty Under Section 31A

    1460 Words  | 6 Pages

    illustrated in section 31A of the Act which includes death penalty for certain repeat offences such as production, possession, transportation, manufacture, import and export of NDPS involving large quantity of drugs. The provision was introduced as a mandatory punishment in 1989. However, offences punishable with death were narrowed down by the amendments made in 2001. The first conviction, under Section 31A, must be for offences under Sections 19, 24, or 27A or for offences involving commercial quantity

  • Impact Of America's Overcrowded Prison Crisis And War On Drugs Involvement

    939 Words  | 4 Pages

    America'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 Joseph D. McNamara) was the effect of The Violent

  • Racial Profiling In Luis Valdez's Zoot Suit

    1021 Words  | 5 Pages

    In the past, racial profiling has been used numerous times by police officers and people who thought races other than white were the cause of every case and problem. They thought they were better because they were white and blamed people of other races for committing crimes by judging everyone based off ethnicity. In the play, Zoot Suit by Luis Valdez, Henry and the 38th Street Gang were accused of crimes they have not committed because they were Mexican- American. Today this is still seen society

  • Prison Releasee Reoffender Act (PRA)

    972 Words  | 4 Pages

    enacted by reoffenders by making sure that they will receive and serve the maximum and the entire sentence under the law. Therefore, the court concluded that the argument fails due to the responsibilities of the trial courts to just adjudge a minimum mandatory

  • Discrimination In The Jail System

    1151 Words  | 5 Pages

    with the same crime and same situation but are sentenced to different lengths in jail. Discrimination is common today in the jail system. Countless innocent people are impacted by unfair jail sentencing; fortunately, the government is attempting to make a difference by lowering minimum and maximum jail sentencing. Frequently in history there has been discrimination in the jail system. The discrimination in the jail system has come in many ways including race, gender, and religion discrimination. This

  • Three-Strikes Law

    1149 Words  | 5 Pages

    prisoners incarcerated for low level offenses. Before I begin to discuss the three-strikes law, it is imperative that I give some background information on sentencing guidelines. During the 1970 's the incarceration sentences imposed were indeterminate, meaning the judge had the discretion to sentence an offender on a case by case basis and sentencing a person to state prison or county jail was supposed to be to rehabilitate that person so he/she could re-enter society. Often time’s prisoners were sentenced

  • Pros And Cons Of Mandatory Sentencing

    929 Words  | 4 Pages

    Along with the War on Drugs, the changes in sentencing policies contributed to higher levels of incarceration at both the state and federal levels. Mandatory minimum sentences were established as the response to complaints from politicians and the public that offenders weren’t serving long enough terms for their convictions. These sentences stipulate a minimum period of incarceration that people convicted of selected crimes must serve (p.80). Mandatory minimum sentences apply primarily to drug offenses

  • Mandatory Sentencing Pros And Cons

    716 Words  | 3 Pages

    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

  • Mandatory Minimum Sentencing Essay

    1434 Words  | 6 Pages

    The mandatory minimum sentencing law provides a judge with a set minimum sentences based on the charges against the defendant. The minimum sentences are usually extremely long sentences. Judges are not able to reduce the charges no matter what the defense’s argument may be. Normally in court, the defense is able to argue for a shorter sentence, but that is not the case for mandatory sentencing laws. All the power of sentencing lies with the prosecutors in these cases.  Mandatory minimum sentencing

  • Essay On Mandatory Minimum Sentencing

    1798 Words  | 8 Pages

    implementation of responses to changing societal influences. Mandatory minimum sentences exemplify this shift. Defined 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