Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
¶ … federal practitioners' goals have evolved somewhat, particularly subsequent to high-profile cases like those of Al Capone and Whitey Bulger. At the same time, a punitive mentality has prevailed in terms of charging decisions and sentencing punishments. Some sentencing decisions are largely symbolic, like those affecting Whitey Bulger. Bulger was ordered to pay more than $19 million to victim families and another $25.2 million to the government, even though the Bulger estate has nothing near that amount in it. Interestingly, Bulger not only helped to corrupt government officials by luring them with the promise of large amounts of cash, but he also participated later with the FBI as an informant (Valencia, Murphy & Finucane, 2013). The government continues to rely on people like Bulger, who can provide valuable information related to other crimes and other criminals. Therefore, in terms of decisions made during investigations, state and federal law enforcement officials have changed little in their approach.
Charging decisions and punishment has also changed little, with a surge in attention placed on "three strikes" and other strident rules occurring during the 1980s. Unrelated to high profile cases like those of Capone and Bulger, strict sentencing guidelines reflected a mentality that criminals cannot be rehabilitated. Mandatory minimum sentences had become popular,...
Sentencing Guidelines," (Mulhausen, 2010). The examples of Capone and Bulger show how media attention can impact public opinion and lead to changes in legislation. Movies have been made about both Capone and Bulger, too, showing that the American public remains in awe of and almost admiring of criminals.
When Capone was caught and sentenced, it could be argued that the federal approach to criminal justice was more lenient than it is now, with greater emphasis on rehabilitation. Capone himself was placed in a mental hospital as part of his sentence ("Al Capone," n.d.). When Whitey Bulger was convicted, the justice system had become much stricter in nature. As prisons have become overcrowded and resources dwindled, however, the approach toward sentencing has changed toward one that takes situational variables in greater consideration. Charging decisions are often politically motivated, driven by what the prosecutors believe juries are capable of deciding based on the evidence available and the demographics of the jurisdiction. However, high profile cases like these usually entail multiple charges with correspondingly harsh penalties on aggregate.
References
"Al Capone," (n.d.). History. Retrieved online: http://www.history.com/topics/al-capone
Mulhausen, D.B. (2010). Theories of punishment and mandatory minimum sentences. Retrieved online: http://www.heritage.org/research/testimony/theories-of-punishment-and-mandatory-minimum-sentences
Valencia, M.J., Murphy, S. & Finucane, M. (2013). Whitey Bulger, Boston gangster found responsible for 11 murders, gets life in prison. Boston.com. Retrieved online: http://www.boston.com/metrodesk/2013/11/14/james-whitey-bulger-sentenced-today/EPqdUhXjjlvh4WXyJadj7N/story.html
The problem of determining the right approach is compounded by the effects of the culture of violence to which many young offenders are exposed. In some cases, it is possible to reform their behavior but in other cases, juvenile offenders already take on the hardened attitude normally associated with adult offenders. As a result, some juveniles are too far gone to reach through non-punitive methods by the time they reach
American criminal justice system evolved, and will examine three cases, judged by the Supreme Court, which have impacted individual rights as opposed to public order. Evolution of the Criminal Justice System Early American colonizers brought with them the common law of the English, and established this as the crime justice system for America. This common law was influenced by the Catholic Church, and founded on the principle of guilty mind or
Criminal Court System Evolution and History of the Criminal Justice System: When the British first colonized the Americas, they adopted their centuries' old "Royal Privy Council" as a judicial system, as a separate branch of government. Prior to the American Revolution, the individual American colonies all developed and maintained their own criminal (and civil) justice systems with absolutely no uniformity among them, either procedurally or statutorily. More importantly, there was no official method
Until recently, schools had steered away from those types of teachings and focused primarily on standardized testing and basic skills. While these things are still a major part of modern education, they now tend to be supplemented by character education as well (Prestwich, 2004). The modern juvenile court system has headed in a more caring and facilitative in modern times as well. Not only are juveniles afforded more rights since
Sentencing Process Define sentencing process Pennsyliva New Jersey The oxford advanced learners' dictionary describes sentencing as, to state that somebody is to have a certain punishment. This essay will start by first giving a broad definition of the sentencing process in the context of two states that include New Jersey and Pennsylvania. Secondly the essay will give a summary of the evolution of the sentencing process and then it will spell out
Youth Justice System in Canada The doli incapax defence, which refers to the incapacity to do wrong, was developed under the English common law where a child under the age of seven was deemed incapable to do wrong. The same immunity was extended to a child aged between seven and thirteen with the presumption that this age group had not yet developed sufficient intelligence and experience to understand the consequence of