Sentencing Essays (Examples)

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Sentencing
Determinate Sentencing, Impacts, and ecent Trends

Determinate Sentencing

Impact on Probationary Terms

easons for choosing mandatory minimum jail and prison sentences

ole of Mandatory Sentences in educing ecidivism

The legal system is reliant on two different approaches for sentencing the offenders. The determinate and indeterminate sentencing is discussed in detail. The recent trend towards determinate sentencing and their impacts are also elaborated. The reasons for choosing determinate sentencing and its role in reducing recidivism are also discussed in the following sections. The political influence on these changes has also brought it in public domain and several opinions in favor and against prevail in the ordinary public as well as the legal practitioners.

Determinate Sentencing:

The term of imprisonment is applicable for the convicted criminals in consideration with the legal requirements. The judges are entitled to impose a term for imprisonment applicable according to the legal findings and committed crime under the law. The number of years imposed….

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 if indeed the reforms have helped reduced recidivism or not. Fourthly before concluding the study will draw out a comparison of the federal and state sentencing process also in the context of the two states and it will seek to affirm which one of the two is better than the other.

The Sentencing Process of Pennsylvania and New Jersey

In both states the sentencing process usually commences when a suspect is apprehended or arrested and it is bound to end at any….

" (Mustard, 2001)
I. Drug Sentencing Policy and the New Washington Administration

It is stated in the work entitled: "Aspirations and Realism about Drug Sentencing Reform" that disparities in sentencing "continue to plague [the] Criminal Justice System. African-Americans and Hispanics are more than twice as likely as whites to be searched, arrested, or subdued with force when stopped by police. Disparities in drug sentencing laws, like the differential treatment of crack as opposed to powder cocaine, are unfair...." (Sentencing Law and Policy, 2008)

The plan of the new President and his Washington Administration is stated to focus on the reduction of crime recidivism through the provision of support to the ex-offender including "...job training, substance abuse and mental health counseling so that these individuals are successfully reintegrated into society." (Sentencing Law and Policy, 2008) There will also be a "prison-to-work incentive program to improve ex-offender employment and job retention rates." (Sentencing Law and….

Sentencing
Mandatory minimum sentences

A mandatory sentence is a decision setting made by the court where judicial discretion is controlled by law. Persons guilty of some crimes should be punished with at least minimum number of years in prison. Mandatory sentencing is believed to reduce crime rate and is fair to all criminals hence ensuring uniformity in sentencing. This sentencing has been effective since potential criminals and repeat offenders try to avoid crime since they can be sure of their sentence if found guilty of breaking the law.

Sentencing guidelines

Sentencing guidelines are instructions that form a uniform sentencing policy for persons and organizations convicted of serious crimes and felonies. The main objective of sentencing guidelines is to reduce sentencing disparities that have been indicated to be prevalent in the existing sentencing system. The effect of the guidelines is that it enables determined sentencing limits during the time when the sentencing is determined Habitual….

Sentencing Foreign Prisoners
The lure of the United States is such that various types of peoples are attracted to its shores. Among those who come to the country to seek their fortune are many who engage in illegal activities. The result of that behavior is the loss of freedom through incarceration. Prior to incarceration there are multiple considerations that must be examined that will determine the duration of the sentence for persons who have been found guilty. The extent of the overcrowding within the prison system is such that attempts are made to limit the duration of the stay of prisoners. Foreign prisoners present a unique challenge for the sentencing process as international and humanitarian factors may be subsumed into the decision making process.

The considerations for sentencing while engaging multiple statutes it can be divided into two major concerns. These concerns are the duration of the sentence. The length of time….

Sentencing in Criminal Justice Systems
Sentencing Philosophies:

The United States Sentencing Commission (USSC) has several purposes, among them to: a) "establish sentencing priorities and practices for the federal courts"; b) help the executive branch and Congress as they develop crime policies; and c) to serve as a source of reliable data for the counts, Congress, the public, the scholarly community (www.ussc.gov). The USSC guidelines (philosophy) seek to establishing sentencing strategies that "incorporate the purposes of sentencing" through "just punishment, deterrence, incapacitation, and rehabilitation." The USSC guidelines also are aimed at providing "certainty and fairness" within the parameters of "judicial flexibility" (www.ussc.gov).

The philosophy of sentencing -- based on the USSC guidelines -- is based on taking into account "…both the seriousness of the criminal conduct and the defendant's criminal record," according to the USSC. After looking closely at the severity of the offense, the USSC guidelines "assign most federal crimes to one of….


Question B: How would you incorporate the sentencing goals of retribution, incapacitation, deterrence, rehabilitation and restitution in your sentence of this individual for this particular crime?

Identity theft may often be a 'white collar' crime, but it is not a victimless crime. Jail time for a wide-spread scheme may be appropriate for this reason. Even if the victims whose identities were stolen did not suffer financial losses, the businesses such as the credit card companies who were defrauded may have experienced financial harms, and a loss of time as well as money. If possible, financial restitution might be appropriate especially if the crime was perpetuated by a syndicate of criminals or by an institution with substantial financial resources. The newly evolving nature of the crime may require that the guilty defendants be made 'examples' for the community.

As part of the sentencing, and perhaps for a reduction in jail time, the criminals….

When a lawyer who has never been disciplined represents a juvenile, chances of accepting a plea are high. This is because the lawyer is likely to negotiate for a lesser sentence (Grigorenko, 2012).
The current juvenile court system allows youth offenders to be sentenced to life imprisonment without parole. This is like declaring these youths as people who are irredeemable. Evidently, youths have the capability to change. Moreover, a system that allows them to change must be set up by considering their age. Children cannot be compared to adults, thus must be treated in a context that holds young people accountable. In the article, experts are urging lawmakers to review the life without parole sentence given to juveniles such that it should allow public hearings after every four years. In addition, they support parole procedures to be reviewed for youth offenders serving life imprisonment (Sarat, 2009).

It is extremely unusual and….

Sentencing Philosophies/Theories/Practices
Punishment is based on four main theories, namely: retributive theory, deterrent theory, reformative and preventive theory. etributive theory is the first and most important of all the theories. When a person falls down, he/she inadvertently kicks the floor. It is generally believed to be a kind of revenge and would usually not serve any punitive purpose. The deterrent theory punishes the offenders and deters the wrongdoing most importantly; it also deters the public in general by punishing the offender and prevents them from committing a crime, which is regarded as an offence. Preventive theory prevents the offender from committing the same crime, while reformative theory on its part does the job of rehabilitating the offender. To modern penologists, purposeless punishment is useless. They hold the belief that every criminal is a mere patient and should be treated like a human being. These four theories have their advantages and disadvantages….


Of course, one way that offenders can be deterred from offending is by incapacitating them. Sometimes the goal of sentencing is just to be able to keep that particular offender from engaging in further criminal behavior. Theoretically, putting an offender in jail automatically fulfills this goal of sentencing. However, the reality is that, even in prison, people can engage in criminal behavior. In fact, crime is rampant behind bars. For example, incarcerated males are much more likely to be raped or murdered than general population members, and these crimes are often ignored by prison officials. It is only if one looks at retribution as the primary goal of sentencing that one can really think of imprisonment as incapacitation, because, from that perspective, crimes against other criminals do not carry the same weight as crimes against non-criminals. The reality is that any criminal has the opportunity to offend against people in….

Interestingly, females tend to receive lesser sentences than males, although that disparity disappears in crimes that are more serious. These characteristics show themselves in state courts, too, which indicates that disparity and discrimination still exist despite the sentence reforms that were supposed to do away with them.
It seems that sentences are actually harsher now than when sentencing reforms were first created, and that people expect harsher penalties for those convicted of crimes. In addition, although a few studies contradict this, there is still quite a bit of discrimination and disparity in the American judicial system on all levels. In addition, the CJ system seems to be less interested in reform and more interested in punishment today, and that may reflect the public's attitudes about criminal justice and the prison system.

Ultimately, the creators hoped that sentence reforms would create less disparity in sentencing, treat all offenders equally, and help reduce….

Sentencing Juveniles
Juvenile Delinquent Sentencing

Two factors that should be considered when sentencing a juvenile offender

According to Sandborn (2009), there is substantively little difference between the perceptions of a juvenile of the nature of court proceedings with those of an adult: both can understand that the concepts of a jury, defense attorney, and judge. Supposedly, teens are capable of doing so as young as thirteen (Sandborn 2009: 153). However, merely understanding the vocabulary of the justice system does not seem analogous to being able to fully understand the proceedings or assist with a defense strategy in an active fashion. Moreover, Sandborn's position ignores mounting evidence that juveniles are unable to fully appreciate the consequences of their actions like adults because of their biological state of development and frequently engage in behavior that they would not continue in doing, had they matured.

When considering a juvenile offender's sentence two critical components must be kept….

Sexual Assualt
Sentencing for Sexual Contact with a Minor

Charges of sexual misconduct with a minor are very serious. These charges, if proven true, are likely to carry a sentence that will include some jail time. In the case of 34-year-old Doug Kant, this should be the anticipated outcome. Though Kant's criminal record is clean with respect to child sexual abuse or other sexual misconduct, the act of fondling an underage individual will bring a conviction and the certainty of a period of incarceration.

For Kant, there are several mitigating factors that will impact the severity of his sentence. One that cannot be fully determined using the case data provided is the impact levied by his state of residency. Every state has its own set of parameters when shaping sentencing decisions. The state-based code of sentencing will help to determine the length of time that Kant would ultimately be relegated to imprisonment for….

Mandatory Sentencing
Public policy, crime, and criminal justice

Mandatory Sentencing: Case Study Critique

The prime grounds of mandatory sentencing laws are utilitarian. The laws come with long prison sentences for recidivists, drug dealers and isolation of violent criminals from the community aiming at preventing them from committing additional crimes outside the prison walls. In addition, the design of mandatory sentencing aim at deterring and portraying a harsh reflection to potential offenders of the harsh consequences that awaits them in case they commit a crime. The lawmakers have made imprisonment both surer and more severe in order to respond to constituent issues concerning crime and safety, and to achieve the wide intention of general criminal deterrence.

The forbidding of courts from suspending trials or placing offenders on probation makes imprisonment more probable. Into the bargain, the increase in statutory devices raises the severity of sentences. Some statutes, for instance, require the sentenced offender to serve….

Mandatory Minimum Sentencing Laws:
Mandatory minimum sentences, which were rare in the criminal law or justice system, have experienced a remarkable increase in popularity. As a political phenomenon, the policy has enjoyed broader bi-partisan support since mid-1980s as the U.S. Congress has continued to enact new measures for containing mandatory minimum sentences. The major goal of the Mandatory Minimum Sentence Laws is basically to prevent the judicial trivialization of serious drug offenses. While the policy has continued to attract significant protests and criticisms, they have been relatively effective in accomplishing their main objective. The harsh sentencing laws with relation to drug offenses were adopted throughout the country following the stepped-up pace of arrests during the enactment period. Despite of the political popularity of these laws, many commentators have become increasingly concerned with the social and economic impacts originating from the propagation of these statutes. Actually, some legal scholars have considered the….

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3 Pages
Essay

Criminal Justice

Sentencing Determinate Sentencing Impacts and Recent Trends

Words: 985
Length: 3 Pages
Type: Essay

Sentencing Determinate Sentencing, Impacts, and ecent Trends Determinate Sentencing Impact on Probationary Terms easons for choosing mandatory minimum jail and prison sentences ole of Mandatory Sentences in educing ecidivism The legal system is reliant on…

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4 Pages
Essay

Criminal Justice

Sentencing Process Define Sentencing Process Pennsyliva New

Words: 1165
Length: 4 Pages
Type: Essay

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…

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3 Pages
Research Proposal

Criminal Justice

Sentencing Guidelines the Objective of

Words: 791
Length: 3 Pages
Type: Research Proposal

" (Mustard, 2001) I. Drug Sentencing Policy and the New Washington Administration It is stated in the work entitled: "Aspirations and Realism about Drug Sentencing Reform" that disparities in sentencing "continue…

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2 Pages
Essay

Criminal Justice

Sentencing Mandatory Minimum Sentences a Mandatory Sentence

Words: 613
Length: 2 Pages
Type: Essay

Sentencing Mandatory minimum sentences A mandatory sentence is a decision setting made by the court where judicial discretion is controlled by law. Persons guilty of some crimes should be punished with…

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5 Pages
Essay

Criminal Justice

Sentencing Foreign Prisoners the Lure of the

Words: 1671
Length: 5 Pages
Type: Essay

Sentencing Foreign Prisoners The lure of the United States is such that various types of peoples are attracted to its shores. Among those who come to the country to seek…

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3 Pages
Essay

Criminal Justice

Sentencing in Criminal Justice Systems Sentencing Philosophies

Words: 952
Length: 3 Pages
Type: Essay

Sentencing in Criminal Justice Systems Sentencing Philosophies: The United States Sentencing Commission (USSC) has several purposes, among them to: a) "establish sentencing priorities and practices for the federal courts"; b) help…

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2 Pages
Term Paper

Criminal Justice

Sentencing Identity Theft for Monetary

Words: 670
Length: 2 Pages
Type: Term Paper

Question B: How would you incorporate the sentencing goals of retribution, incapacitation, deterrence, rehabilitation and restitution in your sentence of this individual for this particular crime? Identity theft may often…

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3 Pages
Article Critique

Criminal Justice

Sentencing Juvenile Offenders to Life

Words: 945
Length: 3 Pages
Type: Article Critique

When a lawyer who has never been disciplined represents a juvenile, chances of accepting a plea are high. This is because the lawyer is likely to negotiate for…

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8 Pages
Term Paper

Sports

Sentencing Theories Philosophies and Practices

Words: 3009
Length: 8 Pages
Type: Term Paper

Sentencing Philosophies/Theories/Practices Punishment is based on four main theories, namely: retributive theory, deterrent theory, reformative and preventive theory. etributive theory is the first and most important of all the theories.…

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3 Pages
Term Paper

Criminal Justice

Sentencing When Many People Talk

Words: 1181
Length: 3 Pages
Type: Term Paper

Of course, one way that offenders can be deterred from offending is by incapacitating them. Sometimes the goal of sentencing is just to be able to keep that particular…

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2 Pages
Book Report

Criminal Justice

Sentencing Reforms Have Reduced Disparity

Words: 634
Length: 2 Pages
Type: Book Report

Interestingly, females tend to receive lesser sentences than males, although that disparity disappears in crimes that are more serious. These characteristics show themselves in state courts, too, which…

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2 Pages
Essay

Criminal Justice

Juvenile Delinquent Sentencing

Words: 690
Length: 2 Pages
Type: Essay

Sentencing Juveniles Juvenile Delinquent Sentencing Two factors that should be considered when sentencing a juvenile offender According to Sandborn (2009), there is substantively little difference between the perceptions of a juvenile of…

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3 Pages
Research Paper

Criminal Justice

Sexual Assualt Sentencing for Sexual Contact With

Words: 989
Length: 3 Pages
Type: Research Paper

Sexual Assualt Sentencing for Sexual Contact with a Minor Charges of sexual misconduct with a minor are very serious. These charges, if proven true, are likely to carry a sentence that…

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19 Pages
Research Paper

Criminal Justice

Mandatory Sentencing Public Policy Crime and Criminal

Words: 5732
Length: 19 Pages
Type: Research Paper

Mandatory Sentencing Public policy, crime, and criminal justice Mandatory Sentencing: Case Study Critique The prime grounds of mandatory sentencing laws are utilitarian. The laws come with long prison sentences for recidivists, drug…

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9 Pages
Research Paper

Criminal Justice

Mandatory Minimum Sentencing Laws Policy and Its Impact on the Criminal Justice System

Words: 2892
Length: 9 Pages
Type: Research Paper

Mandatory Minimum Sentencing Laws: Mandatory minimum sentences, which were rare in the criminal law or justice system, have experienced a remarkable increase in popularity. As a political phenomenon, the policy…

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