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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…
References:
Alarid, L.F., & Del Carmen, R.V. (2012). Community-based corrections. USA: Wadsworth Publishing Company.
Bowman, A.O.M., & Kearney, R.C. (2010). State and local government. USA: Wadsworth Publishing Company.
Neubauer, D.W., & Fradella, H.F. (2010). America's courts and the criminal justice system. (10th ed.). USA: Wadsworth Publishing Company.
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…
Work Cited
Berman A. Douglas (2005) Supreme Court Review; Foreword: Beyond Blakely and Booker: Pondering Modern Sentencing Process
Andrews, D., Zinger, I., Hoge, R., Bonta, J., Gendreau, P., and Cullen, F. (1990), Does Correctional Treatment Work? A clinically relevant and psychologically informed meta-analysis, Criminology,
Andrews, D., & Bonta, J. (1994), the Psychology of Criminal Conduct, Cincinnati, OH: Anderson.
" (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."…
Bibliography
Mustard, David B. (2001) Racial, Ethnic and Gender Disparities in Sentencing: Evidence from the U.S. Federal Courts. Journal of Law and Economics, Vol. 44, No. 1, 2001.
Aspirations and Realism about Drug Sentencing Reform (2008) Sentencing Law and Policy. 7 Nov 2008. Online available at http://sentencing.typepad.com /sentencing_law_and_policy/2008/11/aspirations-and-realism-about-drug-sentencing-reform.html
Legislative Proposals for Reform of the Crack/Cocaine Disparity (2007) Drug Policy Alliance 6 Aug 2007. Online available at http://www.drugpolicy.org/library/factsheets/raceandthedr/crack_cocaine.cfm
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…
References
Bassiouni, C. (2008). International Criminal Law: Multilateral and bilateral enforcement mechanisms. Leiden, Netherlands: Nijhoff Publishers.
Douglas, G. (1985). Repatriation of Prisoners Act 1984. The Modern Law Review, 48(2):182-
Guidelines for the Evaluation of Transfer Applications of Federal Prisoners. (2010). Retrieved
from http://www.justice.gov/criminal/oeo/iptu/guidelines.html
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 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…
Works Cited
DeathPenalty.com (2010). Does the death penalty deter crime? Retrieved Jan. 8, 2011, from http://deathpenalty.procon.org . (Muhlhausen, ACLU, Berk, Van Den Haag).
FindLaw. (2009). Factors Considered in Determining Sentences. Retrieved Jan. 8, 2011, from http://criminal.findlaw.com .
United States Sentencing Commission. (2010). How Sentencing Guidelines Work. Retrieved Jan. 8, 2011, from http://www.ussc.gov .
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,…
Works Cited
Amendment of Identity Theft and Assumption Deterrence Act." (1998). As amended by Public Law 105-318, 112 Stat. 3007 on Oct. 30, 1998. Retrieved 4 Mar 2007 http://www.ftc.gov/os/statutes/itada/itadact.htm#004
Identity Theft Resource Center. (2007). Nonprofit Website. Retrieved 4 Mar 2007 at http://www.idtheftcenter.org/curlaws.shtml
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…
References
Grigorenko, E. (2012). Handbook of Juvenile Forensic Psychology and Psychiatry. California:
Springer
Researcher CQ (2011). Childhood and Adolescence in Society: Selections from CQ Researcher.
New York: SAGE
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…
References
Akers, R. L. (2000). Criminological theories. Los Angeles: Roxbury.
Ashworth, A. (2003). Principles of Criminal Law (4th ed.). Oxford: Oxford University Press.
Fogel, D. & Hudson, J. (1981). Justice as Fairness. Cincinnati, OH: Anderson.
Jacobs, B. (2010). Deterrence and Deterrability. Criminology, 48(2): 417-441.
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…
References
Chen, M.K., and Shapiro, J.M. (2007). Do harsher prison conditions reduce recidivism? a
discontinuity-based approach. American Law and Economics Review 9 (1), 1-29.
Farrington, D. (2007). Advancing knowledge about desistance. Journal of Contemporary
Criminal Justice 23(1), 125-134.
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…
References
Sponn, Cassia. How Judges Decide? Second Edition 299-315.
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…
References
Ark. inmate whose case helped prompt U.S. high court juvenile sentencing ruling gets new hearing. (2013). Washington Post. Retrieved:
http://articles.washingtonpost.com/2013-04-25/national/38804864_1_capital-murder-arkansas-supreme-court-kuntrell-jackson
Peterson, Scott. (2009). Made in America. Reclaiming children and youth, 48-53
Sandborn, Joseph. (2009). Juvenile's competency to stand trial. The Journal of Criminal Law
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…
Works Cited:
Bailey, M. (2010). Sentencing Issues -- Sexual Conduct vs. Child Molestation. Baileylawplc.com.
FindLaw. (2012). Child Abuse Penalties and Sentencing. Thomson Reuters.
Nicholson, J. (2010). Federal Sentencing Guidelines for Child Molestation. eHow.
United States Sentencing Commission. (1996). Sex Offenses Against Children: Finding and Recommendations Regarding Federal Penalties. Report To Congress.
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…
References
Akuno, K., Eisen, A. (2013). Operation Ghetto Storm. Malcolm X Grassroots
Movement. Atlanta. Digital Report. Retrieved from http://mxgm.org/wp-content/uploads/2013/04/Operation-Ghetto-Storm.pdf
Alexander, M. (2010). The New Jim Crow: Mass incarceration in the age of colorblindness. New York: New Press.
Anderson, J. (2006). Guideline judgments and standard minimum sentencing: an uneasy alliance in the way of the future. Criminal Law Journal, 30, (4), 203 -- 23.
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…
References:
Blakemore, E. (2010). Mandatory Minimum Sentencing and Black Males. Retrieved September
10, 2012, from http://racism.org/index.php?option=com_content&view=article&id=911:s98blake-1&catid=138&Itemid=155
Greenblatt, N. (2008). How Mandatory Are Mandatory Minimums? How Judges Can Avoid
Imposing Mandatory Minimum Sentences. American Journal of Criminal Law, 36(1), 1-38.
ace on Sentencing in Capital Punishment
Different nations and states have the crime categories that they categorize as worth the death penalty, these, in most cases are crimes that are considered to be serious and are directly against humanity or can accrue to situations that cost lives. These laws are however growing less popular with time and people are condemning them from individuals to the civil society with the sole reason that there is no room to correct the behavior for the criminal and on the basis of sanctity of life.
Within the U.S.A. death penalty majorly applies to the murder convicts and some other serious capital offences. It has been ruled by the Supreme Court that capital punishment is constitutional and not just some cruel and unusual punishment as provided for in the 8th and 14th amendments of the constitution (National Museum of Crime & Punishment, 2008).
Majority of…
References
American Civil Liberties Union, (2003). Race and the Death Penalty. Retrieved May 21, 2012 from https://www.aclu.org/capital-punishment/race-and-death-penalty
Death Penalty Information Center, (2012). The Death Penalty in Black and White: Who Lives, Who Dies, Who Decides. Retrieved May 21, 2012 from http://www.deathpenaltyinfo.org/death-penalty-black-and-white-who-lives-who-dies-who-decides
National Museum of Crime & Punishment, (2008). Crimes Punishable By Death. Retrieved May 21, 2012 from http://www.crimemuseum.org/library/execution/crimesPunishableByDeath.html
U.S. Department of Justice, (2010). Prisoners in 2008. Retrieved May 21, 2012 from http://bjs.ojp.usdoj.gov/content/pub/pdf/p08.pdf
Both positions have merit and generally, the most appropriate perspective is an intermediate position that recognizes the relevance of both considerations. That perspective influences modern sentencing policies and decisions by incorporating both the nature of offenses and the criminal history of the offender on a case by case basis.
Capital Punishment Issues:
Capital punishment generates intense philosophical conflict of moral issues. One position holds that the death penalty is an appropriate sentence for certain crimes; the other holds that capital punishment is inhumane and uncivilized. The U.S. Supreme Court has established that the death penalty is not inherently cruel, but evidence does exist suggesting that it is often applied unequally by virtue of race, ethnicity, and social class or income (Dershowitz, 2002). Other valid objections include evidence that the most common form (lethal injection) amounts to cruelty when administered improperly and that mistakes may be frequent enough to reconsider the…
References
Dershowitz, A. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York:
Bantam Books.
Schmalleger, F. (2007). Criminal Justice Today: An Introductory Text for the 21st
Century. Hoboken, NJ: Prentice Hall
" (the Sentencing Project, 2000; p.51) in the sentencing phase of a case, it may be necessary for defense attorneys to "utilize sentencing advocates who can develop sentencing proposals for the court in felony cases and jointly challenge unwarranted disparities at sentencing." (the Sentencing Project, 2000; p.52) Also listed as issues that the ar and Criminal Defense Attorney Associations could focus upon are: (1) the development and implementation of standards and guidelines for bail, pretrial release, prosecutorial diversion, charge and plea-bargaining;
2) the development and funding of specific efforts to reduce minority representation at all stages of the justice process; and 3) the availability of other resource needs such as community-based alternative sanctions and sentencing advocacy opportunities. (the Sentencing Project, 2000; p. 54)
Steps that are suggested by the Sentencing Project as those which the Judiciary can take is one of a leadership role in attempting to assure that minority…
Bibliography
Kansal, Tushar (2005) Racial Disparity in Sentencing: A Review of the Literature Jan 2005 the Sentencing Project. Washington DC Online available at: www.sentencingproject.org.
Mustard, David B. (2001) Racial, Ethnic, and Gender Disparities in Sentencing: Evidence from the U.S. Federal Courts. Journal of Law and Economics, Vol. XLIV April 2001. The University of Chicago.
One in 100: Behind Bars in America 2008 the Pew Charitable Trusts Public Safety Performance Project.
Reducing Racial Disparity in the Criminal Justice System (2000) a Manual for Practitioners and Policy Makers. The Sentencing Project. October 2000. Washington DC Online available at: www.sentencingproject.org.
"African-Americans now serve virtually as much time in prison for a drug offense (58.7 months) as whites do for a violent offense (61.7 months)" (Compendium 2004, 112).The Commission reported in 2004 that "[r]evising the crack cocaine thresholds would better reduce the [sentencing] gap than any other single policy change, and it would dramatically improve the fairness of the federal sentencing system" (USSC 2004, 132). As a result, the African-American community's "[p]erceived improper racial disparity fosters disrespect for and lack of confidence in the criminal justice system..." (USSC 2002, 103).
There is proposed legislation seeking to reduce the differences between sentencing for possession of crack and powder cocaine, but this would still result in large numbers of Blacks being incarcerated. In fact, the majority of powder defendants are Hispanics (as seen in the table above), so decreasing the amount of powder required to trigger mandatory sentencing would not eliminate racial and…
Works Cited
BJS, [Bureau of Justice Statistics] Compendium of Federal Justice Statistics, 1994 (Washington, DC: March 1998) Table 6.11, p. 85.
BJS, Compendium of Federal Justice Statistics, 2003. Washington, DC: Oct. 2004. Table 7.16, p. 112.
Compendium of Federal Statistics, 2003. Oct. 2004, Table 7.16, p. 112.
Drugs and Racial Discrimination." New York Times; Editorial Desk, Late Edition - Final, Section a, Page 30, January 12, 2006.
Split Sentencing for Juveniles
Split sentencing is the type of sentencing given to first time offenders where they serve up to half the sentence outside confinement or prison. Even though there is an order for the defendants to spend compulsory time under certain type of confinement, he or she does not serve the entire period of the sentence. In some cases, the judging chamber may suspend part of the sentence and the defender put on probation. While on probation, if the defendant goes against the regulation stipulated for him or her court may decide to order the defendant to serve full sentence or serve them adult punishment (Hess et al., 2010).
An example of split sentencing success is when a teenager for instance, a teenager in high school is found in possession of controlled substance such marijuana or cocaine. During the hearing of his or her case, they willingly plead…
References
Hess, K.M., Orthmann, C.M.H., & Drowns, R.W. (2010). Juvenile justice. Belmont, CA:
Wadsworth.
Krisberg, B. (2009). Juvenile justice: Redeeming our children. Thousand Oaks, Calif: Sage Pub.
Sentencing Disparity
Preventing Sentence Disparity
Ultimately, sentencing disparity is rooted in a combination of how laws are authored and how they are enforced. Such is to say that the approach to sentencing in the United States is not itself racially biased. However, when contextualized by a legal system that is decidedly tilted to the disadvantage of African-Americans, Hispanics and other ethnic minorities, sentencing does take on unequal proportions.
The text by orrall (2008) points out that the way certain laws are designed seems to suggest that the system is inherently and purposefully designed to produce longer incarcerations for racial minorities. According to orrall, mandatory minimums are an area in which the strategy of sentencing is especially troubling. Here, the emphasis on using drug sentences in order to produce incarcerations is magnified by the three-strikes format. Here, a third offense, regardless of severity, will result in life imprisonment. This combines with…
Works Cited:
Worrall, J. (2008). Crime Control in America: What Works? 2nd ed. Boston: Pearson.
Federal Mandatory Minimum Drug Sentences and Their Impact on Recidivism
There is much controversy regarding mandatory sentencing and its impact on the American society throughout recent times. In many ways, prisons are used as a means to control crime, to protect society from it, with criminals being deterred from continuing to commit illegalities as a direct result of the time they spend behind bars. Mandatory minimums were generally introduced with the purpose of preventing future recidivism. The authorities considered that the uncomfortable nature of prison life and the social status associated with being in prison were enough to persuade criminals to refrain from ever expressing interest in illegalities once they were set free. Other schools of thought appear to think just the opposite as some believe that prison time actually has a negative impact on convicts, while others believe that criminals experience little to no change consequent to staying in…
Works cited:
Book:
Goldberg, Raymond, "Drugs Across the Spectrum, 7th ed.," (Cengage Learning, 5 Oct 2012)
Kitwana, Bakari, "The Hip-Hop Generation: Young Blacks and the Crisis in African-American Culture," (Basic Civitas Books, 2008)
Lyman, Michael D., "Drugs in Society: Causes, Concepts, and Control," (Newnes, 25 Sep 2013)
Criminal Justice -- Sentencing and Analysis
Courtney Elizabeth Hernandez was indicted for kidnapping. Her case was handled in the Circuit Court for the Western District of Texas. Based on her attorney's advice, she accepted a plea bargain, pleading guilty to kidnapping. The normal sentence for kidnapping in Texas is 10 years in prison; however, Hernandez was sentenced to 15 years in prison, along with other punishments.
The Sentence
According to a plea bargain in which Defendant Courtney Elizabeth Hernandez pleaded guilty to kidnapping, she received a sentence of 15 years in Federal prison, and then three years of supervised release, plus she is order to pay $3,000 in restitution for the kidnapping of the 2-1/2-year-old girl (Federal Bureau of Investigation, 2010).
The Victim's Role in Sentencing
The 2-1/2-year-old girl is too young to participate in the sentencing process; however, her mother can participate. There is no indication that the mother…
Procedure after Sentencing and Possible Appeal
After sentencing, Hernandez would be taken into custody (if not already in custody) and handed over to the custody of the Federal Corrections Department to begin her sentence. Hernandez entered her plea in the Western District of Texas (Federal Bureau of Investigation, 2010), so her appeal would go to the U.S. Court of Appeals for the 5th Circuit, which is the appellate court with jurisdiction over the Western District of Texas (United States Court of Appeals for the Fifth Circuit, 2012, p. 9).
In order for Hernandez's appeal to be granted, Hernandez would have to show that something was materially wrong procedurally or substantively in the lower court and that her plea, her sentence or something else about her case should be overturned or sent back to the lower court for further action. That covers a lot of ground and many different arguments might be successfully made to the appellate court. For two examples: Hernandez might argue that she had ineffective assistance of counsel because her attorney had her accept a plea with
Disparities on the Sentencing of Convicted Children:
The recent sentencing of convicted children and the high-contrast prosecution of the cases by the states is a demonstration of how broken the United States juvenile justice system has become in the recent past. Even though the state-to-state variations of the juvenile justice system have been in existence since the system was developed in 1899, the current disparities are so wide to an extent that they have raised concerns regarding fairness. These concerns have particularly been raised because of the various examples of discrepancies on the sentencing of convicted children across the states. For instance, a juvenile convicted for stabbing a boy to death in Massachusetts could be sentenced to seven years in juvenile jail while a juvenile convicted of causing the death of a girl in Florida can be sentenced to life without parole in an adult prison. These two cases of…
References:
Axtman, K. (2001, February 8). Kid on Trial: 'Justice by Geography.' Retrieved November
3, 2012, from http://www.csmonitor.com/2001/0208/p1s3.html
"Sentencing Disparity and Discrimination." (n.d.). Chapter Four. Retrieved November 3, 2012,
from http://www.sagepub.com/upm-data/27008_4.pdf
"These sentences are mandatory regardless of the individual's background, character, role in the offense, and the circumstances of the offense. hether the person is a first-time offender, for instance, is irrelevant" (Rockefeller drug laws, Drug Policy Alliance Network, 2009). In 2004, the NY State Legislature passed the Drug Law Reform Act of 2004 (DLRA) which imposed some limited reforms on the Rockefeller Drug Laws, including shorter minimum sentences, giving convicted inmates some access to drug treatment, and expanding parole requirements so that individuals without incident for three years would be allowed 'out of the system' ("Rockefeller drug laws," Drug Policy Alliance Network, 2009). But there was no return to the full exercise of judicial discretion that advocates of repeal of the Rockefeller Drug laws demand, and the legislature is still currently reviewing the prospect of doing away with these laws altogether. Many community activists continue to protest the laws because…
Works Cited
Murray, Don. "Online New York criminal sentence assistant." Shelley & Murray. 2008.
May 24, 2009. http://www.queensdefense.com/nysentences.htm
Rockefeller drug laws. Drug Policy Alliance Network. 2009.
May 24, 2009. http://www.drugpolicy.org/statebystate/newyork/rockefellerd/
Truth in Sentencing Efficacy
Truth in Sentencing esearch Proposal
esearchers who study the economics of crime are interested in whether specific anti-crime legislation or initiatives can increase the 'cost' of committing criminal acts, thereby reducing crime rates (reviewed by oss, 2012). The basic premise is that most criminals will use a rational process when deciding when and where to offend and that effective anti-crime efforts will displace criminal activity. For example, implementing Lo-Jack tracking in some states in Mexico caused a shift in car theft to neighboring states lacking Lo-Jack tracking services. In the U.S., the implementation of a 'three-strikes' law in California shifted the criminal activity of offenders with one or two offenses already on record to neighboring states. By comparison, increasing the number of police officers patrolling the streets had little impact on the geographic distribution of criminal activity.
Amanda oss (2012) examined the impact of truth-in-sentencing (TIS)…
References
Ortega, Bob. (2011, Oct. 9). Arizona prison sentences among toughest for many crimes. The Arizona Republic. Retrieved 5 Oct. 2013 from http://www.azcentral.com/news/articles/2011/10/09/20111009arizona-prison-tough-sentencing.html .
Ross, Amanda. (2012). Crime, police, and truth-in-sentencing: The impact of state sentencing policy on local communities. Regional Science and Urban Economics, 42, 144-152.
Survival of Racist Customs and Mores Into the 21st Century: Analysis of the American Correction and Sentencing Trends
Increasing awareness of the US's unsuccessful mass imprisonment experimentation has effected federal and state level modifications aimed at decreasing the nation's detention scale. Experts and policymakers have been suggesting "smart on crime" public safety strategies which support alternatives to imprisonment and decrease re-offense chances[footnoteRef:1]. Despite simultaneous fruitful bipartite dialogues on the subject of decreasing jail populations and bringing improvements to crime justice policies, the nation still struggles with disturbing racial frictions. The latest concern concentrates on frequent reports of law enforcement violence inflicted on non-Whites, some cases ending in fatalities of African-American males at the hands of law enforcers, with scant to no evident provocation. In this paper, the many fields in which racist values and traditions continue in the current era will be examined, with particular emphasis to the American corrective…
According to Lawlor, Connecticut has "developed a flexible approach geared toward immediate intervention and proven results" (Lawlor). He explains that not every teenaged car thief with a record of several arrests should be sent to prison, just as not every 10-year-old first time truant needs to be simply sent home to his parents (Lawlor).
The state of Connecticut has sole responsibility for all probation, adult and juvenile, and all graduated sanctions programs are operated by the state or by private, non-profit organizations funded by the state (Lawlor). For more than twenty years, the term 'juvenile' in the state of Connecticut refers to only youths under the age of sixteen; youths who are sixteen years and older are treated as adults for all crimes (Lawlor). In 1995, before the graduated sanctions were implemented, the most serious violent juveniles were the focus of the juvenile court, and all other cases were for…
Works Cited
Bilchik, Shay. "Sentencing juveniles to adult facilities fails youths and society."
Corrections Today. April 1, 2003. Retrieved November 30, 2006 from HighBeam Research Library.
Feld, Barry C. "Abolish the juvenile court: youthfulness, criminal responsibility, and sentencing policy. Journal of Criminal Law and Criminology. September 22, 1997. Retrieved November 30, 2006 from HighBeam Research Library.
Grisso, Thomas. "The evolution of adolescence: a developmental perspective on juvenile justice reform. Journal of Criminal Law and Criminology. September 22, 1997. Retrieved November 30, 2006 from HighBeam Research Library.
Sandals esorts
In opening sentence, briefly introduce Sandals esorts intended analysis. This purpose statement. One sentences sufficient. For, a sentence "The purpose report analyze components marketing mix Gatorade brand.
Marketing Mix: Sandals esort
Overview of company
Sandals esorts is a brand-name series of chain resorts, most of which are located in the Caribbean. The target demographic for the resort is primarily established couples. Sandals seeks to showcase romantic yet affordable destinations for vacationers on honeymoons, weddings, and 'second' weddings. Segmentation variables include that of price and also purpose of the trip -- some individuals may want a quiet getaway, while others use Sandals to engage in major event planning, such as those orchestrating 'destination' weddings. The purpose of this report is to show how Sandals uses product, price, placement, and positioning to effectively segment the market of its target demographic of couples and sustain brand interest in the competitive resort…
References
FAQs. (2012). Sandals. Retrieved: http://www.sandals.com/contact/faq.cfm
Luxury Suites. (2012). Sandals. Retrieved: http://www.sandals.com/weddingmoons/lovenest.cfm
Sandals Resorts International. (2012). Funding Universe. Retrieved:
http://www.fundinguniverse.com/company-histories/sandals-resorts-international-history/
ariticle a full sentence. A. summarize critic's interpretation work 3-5 senteces. B. State thesis: sentences, critic's strong arguments weak arguments? learn part critic's strong arguments? A.
Tracey Sherard's "Sonny's Bebop: Baldwin's "Blues Text" as Intracultural Critique"
Tracey Sherard's article "Sonny's Bebop: Baldwin's "Blues Text" as Intracultural Critique" was published in 1998 in the "African-American Review." Sherard intended to have her readers understand more regarding Baldwin's interest in writing the short story. hile someone might be inclined to consider that the text deals primarily with inter-human relations and with the relationship between the narrator and Sonny in particular, Sherard emphasizes the fact that it is actually meant to discuss factors like race, class, and how music can assist individuals in getting over their problems more easily.
From Sherard's perspective, "Sonny's Blues" is meant to focus on the African-American experience in the second half of the twentieth century. Sherard apparently considers that…
Works cited:
Sherard, Tracey, "Sonny's Bebop: Baldwin's "Blues Text" as Intracultural Critique," African-American Review, 1998.
In other words, there is a preoccupation with repeat offenders and the first time offenders seem to get less severe penalties. As crime levels continue to rise although the media tends to report the opposite, citizens seem more dedicated to getting even first time offenders off of the streets.
eferences
Carlsmith, Kevin J., Darley, John M., & obinson, Paul H. (2002). Why Do We Punish? Deterrence and Just Deserts as Motives for Punishment. Journal of Personality and Social Psychology, Vol. 83 No. 2, 284-299.
Curry, Theodore ., Lee, Gang, & odriquez, S. Fernando (2004). Does Victim Gender Increase Sentencing Severity? Further Explorations of Gender Dynamics and Sentencing Outcomes. Crime & Delinquency, Vol. 50 No. 3, 319-343.
Saks, Michael J. (1989). Legal Policy Analysis and Evaluation. American Psychological Association, Vol. 44 No. 8, 1110-1117.
Sanders, Trevor, & oberts, Julian V. (2000). Public Attitudes Toward Conditional Sentencing: esults of a National Survey.…
References
Carlsmith, Kevin J., Darley, John M., & Robinson, Paul H. (2002). Why Do We Punish? Deterrence and Just Deserts as Motives for Punishment. Journal of Personality and Social Psychology, Vol. 83 No. 2, 284-299.
Curry, Theodore R., Lee, Gang, & Rodriquez, S. Fernando (2004). Does Victim Gender Increase Sentencing Severity? Further Explorations of Gender Dynamics and Sentencing Outcomes. Crime & Delinquency, Vol. 50 No. 3, 319-343.
Saks, Michael J. (1989). Legal Policy Analysis and Evaluation. American Psychological Association, Vol. 44 No. 8, 1110-1117.
Sanders, Trevor, & Roberts, Julian V. (2000). Public Attitudes Toward Conditional Sentencing: Results of a National Survey. Canadian Journal of Behavioral Science, Vol. 32 No. 4, 199-207.
Sentencing Arguments
For the charge of homicide, the defendant was found guilty. There was no indication of whether the charges were for first or second degree homicide, but in this case we decided that given the heinous nature of the crime and the use of kidnapping/false imprisonment also, the homicide would have been logged as a first degree charge and sentencing will proceed accordingly. Unfortunately for Stu Dents, the defendant did not have an attorney who counseled for a mental health/insanity plea. Therefore, the state has no other option but to go by the books and suggest life imprisonment. The death penalty is currently under suspension in the state of California ("California First Degree Murder Laws," 2017).
The defendant was also found guilty of kidnapping, which in this case would have been aggravated kidnapping in the state of California. Given this kidnapping occurred in conjunction with a homicide, the same…
References
"California First Degree Murder Laws," (2017). Retrieved online: http://statelaws.findlaw.com/california-law/california-first-degree-murder-laws.html
Abstract
Indeterminate sentencing laws allow judges to give convicted felons a window of time rather a specific sentence length. With indeterminate sentencing, the judge provides a minimum and a maximum but defers authority regarding when a prisoner is released (or when probation ends) to other members of the criminal justice system such as parole board members and probation officers. Determinate sentencing is just the opposite: a procedure in which the trial judge does sentence an offender to a specific length of time. Both determinate and indeterminate sentencing have been commonly practiced in the United States, and each of these policies has strengths and drawbacks. While indeterminate sentencing can be helpful in cases where an inmate shows certain signs of rehabilitation, determinate sentencing can be deemed more fair overall.
Pros of Indeterminate Sentencing
Indeterminate sentencing has been hailed for its potential usefulness in promoting rehabilitative models in criminal justice. With an…
Non-Pronominal Coding of Active Referents
The purpose of this paper is to explore the concept of English sentence structures with regard to non-pronominal coding of active referents. In order to do this, it is important to have a baseline definition of non-pronominal (NP) coding and active referents. e look to recent literature and case study of not only English but other languages examined to understand sentence structure. Upon reviewing the literature, it was found that definitions for the pronominal approach were plentiful and easy to understand. As a means of comparison an understanding the NP application, we are also exploring the pronominal approach that acts as a framework for literature. Once these definitions are established, we will look at active referents and their role in sentence structure. Available literature suggests non-pronominal coding is used for active referents. As part of this analysis, it is important to look at other languages…
Works Cited List
Andersen, Han Christian. The Princess and the Pea. Philadelphia: Courage Books, 2002.
Barwise, J. And Perry, J. Situations and Attitudes. Cambridge, Mass: Bradford Books 1982.
Baumann, Stefan. And Grice, Martine. Accenting Accessible Information. Cologne, Germany: Saarland University.
Chafe, Wallace. "Givenness, contrasitiveness, definiteness, subjects, topics and point-of-view." In: Li, Charles) (ed.) Subject and Topic. New York: Academic Press, 1976, 25-56.
It is a matter of opinion as to whether this is actually accurate, but it does appear to be logical (Payne, 1997).
This is an important analogy because of the fact that many individuals who are targeted for a particular reason will often attempt to find a disparity issue that they can use to insist that they have been treated unfairly. In drug use or sale issues, these people are targeted because of the offense that they have committed, but when sentencing is handed down, those who feel that they received too harsh of a sentence will work to find reasons that they believe their sentencing to be unfair.
Race is only one reason that these individuals use. Others include gender, age, and whether the amount of drug that they had is a felony or should be a misdemeanor instead. Some of the speculation into why some individuals feel that…
Bibliography
Banks, C. (2004). Criminal Justice Ethics: Theory and Practice. Thousand Oaks: Sage.
Blumstein, a. et. al. (1983). Research on sentencing: The Search for Reform.
Drug Use Trends. (1997, September-October). Slow development in "crack babies" may be caused by conditions of urban poverty, says new study. Retrieved at http://www.ndsn.org/sepoct97/poverty.html
Education Reforms and Students at Risk: A review of the current state of the art. (1994, January). Chapter 2: Student Background. Retrieved at http://www.ed.gov/pubs/edreformstudies/edreforms/chap2a.html
Judicial discretion enables judges to make sentencing decisions within specific statutory limits. As with prosecutorial discretion, judicial discretion is built into the system as a means of enabling flexibility, accounting for special circumstances and rapidly shifting norms, and also increasing efficiency. Although judicial discretion has been widely and voraciously accused of fostering racial disparities, it has also been presented as the means to reduce sentencing disparities and promote justice (Bunin, 2009).
Federal sentencing guidelines provide the structure and limitations of judicial discretion. The Sentencing eform Act of 1984 followed on the heels of similar legislation, and heavily restricted judicial discretion in federal sentencing. The pendulum swung in 2005, when the Supreme Court decided United States v. Booker, 543 U.S. 220. In United Stats v. Booker, the court ruled that federal sentencing guidelines are to be guidelines only and not mandatory. The post-Booker environment enables judges to account for situational and…
References
Albonetti, C. (2011). Judicial discretion in federal sentencing. American Society of Criminology 10(4),.
Bogan, B.W. (2012). An introduction to federal sentencing. Retrieved online: http://txw.fd.org/sites/default/files/Introduction%20to%20Federal%20Sentencing%2014%20Final.pdf
Bunin, A. (2009). Reducing sentencing disparity by increasing judicial discretion. Federal Sentencing Reporter 22(2), 81-84.
Office of General Counsel United States Sentencing Commission, (2010). Supreme Court cases on sentencing issues. Retrieved online: http://www.ussc.gov /sites/default/files/pdf/amendment-process/Supreme_Court_Cases_201007.pdf
Drug Sentencing in the U.S. Criminal Justice System
The objective of the research proposed in this document is to examine the issue of drug sentencing in the U.S. Criminal Justice System in order to determine if the sentencing used is effective in bringing about a reduction in drug offenses and the rehabilitation of prisoners in successful return to society following incarceration.
(1) Is drug sentencing in the U.S. Criminal Justice System effective in reducing repeat offenses?
(2) Are individuals successful returned to society following incarceration and rehabilitation programs?
(3) Is the U.S. Criminal Justice system succeeding or failing and are drug sentencing laws negatively or impacting the success of the U.S. Criminal Justice system in regards to drug sentencing laws?
Significance of the Study
The significance of the study is the additional knowledge that will be added to the already existing knowledge base in this area of study.
Methodology
The…
Bibliography
Clickman, Rubin (2011) Sentencing Guidelines in the American Justice System. FindLaw. Retrieved from: http://knowledgebase.findlaw.com/kb/2010/Nov/203582.html
Kansal, T. And Mauer, M. (2005) RACIAL DISPARITY IN SENTENCING: A REVIEW OF THE LITERATURE. JANUARY 2005. Retrieved from: http://www.prisonpolicy.org/scans/sp/disparity.pdf
Stevens, John Paul CJ (2011) Our Broken System of Criminal Justice. The New York Review of Books. Retrieved from: http://www.nybooks.com/articles/archives/2011/nov/10/our-broken-system-criminal-justice/?pagination=false
Regulatory Measures
Events that led to implementation of various regulatory measures
The implementation of the 1984 Sentencing Reform Act called for the establishment of Federal Sentencing Guidelines for Organizations (FSGO). The United States Sentencing Commission decided to come up with these guidelines targeted at individuals and firms. The key aim was crime prevention and decreasing disparities in sentencing. (Mercer, 2003). At first, in the year 1991, the idea of organizational punishment mitigation was introduced, for cooperation and effective adherence to the program.
The 2002 federal regulation, SOX (Sarbanes-Oxley Act), put extensive financial and auditing related regulations in place for publicly-traded organizations. The chief goal was regulation of corporate practices like financial reporting at such corporations.
The Consumer Financial Protection Bureau (CFPB), instituted as part of the 2010 Consumer Protection Act and the Dodd-Frank Wall Street Reform, is responsible for the oversight of federal financial regulations expressly protecting consumers (i.e., individuals who store the money they own…
limit your summary to 8 sentences.
The research area is in cognitive processes related to performance, skill learning, and execution. It is related to research on mathematics anxiety, stereotype threats, and how those factors affect performance on math-related tasks. In particular, the researchers are interested in the "choking under pressure" phenomenon in which individuals perform poorer than expected on a task they have mastered, because they are under pressure. Moreover, the research touches upon working memory and its relationship to performance on mathematics tasks. Working memory is defined as a short-term memory system that can be especially relevant to concentration on a specific task at hand. Anxiety has been shown to impede working memory, basically by clogging it up with the worrisome thoughts.
Why was the current study conducted?
The current study was conducted to identify the individual traits and circumstances in which choking under pressure is most likely to…
Reference
Beilock, S.L. & Carr, T.H. (2005). When high-powered people fail: Working memory and "choking under pressure" in math. Psychological Science 16(2), 101-105.
Drives Punitive Beliefs
Brian K. Payne, Randy R. Gainey, Ruth A. Triplett, and Mona J.E. Danner present a sociological examination of punitive beliefs in the United States in their article "hat Drives Punitive Beliefs? Demographic Characteristics and Justifications for Sentencing." In particular the authors address three main research issues: how punitive citizens are and how they view certain criminal sanctions; what factors influence individuals' attitudes toward punishment; and whether differences in attitude are reflected in different races and gender. In their review of literature, the authors appropriately discuss non-scientific, philosophical studies of criminology and punishment, referring to early treatises on the subject such as Beccaria's Essays on Crime and Punishment and Emile Durkheim's mid-twentieth century beliefs that criminology. One of the greatest strengths of "hat Drives Punitive Beliefs?" is in fact the author's incorporation of philosophical points in current sociological, empirical research. Mentioning the works of .E.B. DuBois is a…
Works Cited
Payne, Brian K., Gainey, Randy R., Triplett, Ruth A., Danner, Mona J.E. "What Drives Punitive Beliefs? Demographic Chracteristics and Justifications for Sentencing."
criminal justice system comprises of key features that generally include the criminal act, investigations into it and subsequently arresting the suspect, abhorrence to suspect's rights in the course of due process, the trial as well as the sentencing after a guilty verdict has been passed. The sentencing of a suspect follows the guilty verdict and at this stage of the criminal justice process, the judge determines the suitable punishment. This is the most important aspects of the criminal justice system and pivotal in the pursuit of preventing crime. The sentencing stage is based on four key objectives that include deterrence, rehabilitation, incapacitation, and retribution.
Deterrence
In general terms deterrence in the criminal justice system is expected to have two effects. The clear certainty of action against offenders, potential law breakers should be deterred by the risk of arrest and second, the punishment may affect behavior change by the potential offender…
References
Avio, K.L. (1990). Retribution, Wealth Maximization, and Capital Punishment:A Law and Economics Approach. Stetson Law Review, 19, 373-409.
Gadek, R. (2013). Rehabilitation vs. Punishment in the Adult Justice System. Retrieved Feburary 11, 2013, from http://criminaljusticeonlineblog.com
McNeill, F. (2012). When Punishment is Rehabilitation. Retrieved February 11, 2013, from http://www.Fergus.
Moore, M. (1993). Justifying Retributivism. Israel Law Review, 15-49.
Betty Broderick: A oman Scorned
On November 5, 1989, Betty Broderick killed her ex-husband, attorney Dan Broderick, and his new wife, Linda Kolenka Broderick, at the couple's home in San Diego, California. At the time, Betty and Dan Broderick had been divorced since January 1989, but the divorce had been particularly rancorous, with Dan often baiting Betty, and using his legal expertise to take advantage of her. As a consequence, and perhaps because of her own mental instability, Betty had been unable, at the time of the double murder, to move on from her divorce from Dan. She had also threatened to kill the new couple several times, had smashed her car into the front doorway of their new home, and vandalized their property in various ways.
The double murder committed by Betty was the culmination of a bitter divorce and custody battle (Betty and Dan had four children), that…
Work Cited
"Betty Broderick: Divorce, Desperation, Death." Court TV's Crime Library:
Criminal Minds and Methods." Retrieved April 29, 2005, from:
www.crimelibrary.com/notorious_murders / family/broderick/6.html?sect=12
73k.
In order to ensure that the objectives enunciated in the mission statement are attained, it is necessary that the company based its strategies -- of both internal as well as external operations and behaviors -- on synergies. In other words, it is necessary to ensure that the organizational stakeholder interact in an efficient manner. For instance, the company would be focusing on the creation of a pleasant working environment, in which the staff members are motivated and supported to develop from a personal and professional standpoint. Cultural diversity would not only be integrated and accepted, but it would be embraced as a source of social and professional development.
In turn, the motivated and satisfied staff members interact with the customers and enhance the customer experience. They for instance reveal higher levels of commitment to customer satisfaction. Customer satisfaction subsequently generates loyalty to the firm and as such high levels of…
References:
Champoux, J., 2010, Organizational behavior: integrating individuals, groups and organizations, 4th edition, Taylor & Francis
Griffin, R.W., Moorhead, G., 2009, Organizational behavior: managing people and organizations, 9th edition, Cengage Learning
except those beginning a sentence, should be typed as digits rather than words. To count the number of words in this paragraph, select the paragraph, and on the Tools menu click Word Count.
Total Quality Management is a popular topic in education today. Japanese firms introduced total Quality Management (TQM) in 1951 (Hess & Gift, 2008). As Hess and Gift put it in the American School Board Journal, "TQM emphasizes carrying out all jobs and practices correctly the first time" (2008). However, this assumes that the jobs and practices were good to begin with.
Today's o Child Left Behind approach aims to fundamentally transform schools, not just perfect current practices (o Child Left Behind Act of 2001, 2002). Technically, the International Standards Organization (ISO) defines it as "a management approach, centred [sic] on quality, based on the participation of all its members and aiming at long-run success through customer satisfaction,…
No Child Left Behind Act of 2001, Pub. L. No. 107 -- 110 (115 STAT. 1425 January 8, 2002).
Ravitch, D. (2010). The Death and Life of the Great American School System: How Testing and Choice Are Undermining Education. New York: Basic Books.
Weinstein, L. (2009). The application of a Total Quality Management approach to support student recruitment in schools of music. Journal of Higher Education Policy and Management, 31 (4), 367-377.
History of Texas
questions, (2-3 sentences each question), one page.
Explain the Empresario system. hat is it? And what is the purpose of it?
After the successful Mexican ar of Independence liberated Mexico from Spanish rule in 1821, the 1824 Constitution of Mexico joined Texas with the state of Coahuila to form the new state of Tejas y Coahuila. In order to increase the population within this unsettled frontier, and protect it from roving bands of Indians and American encroachment, the fledgling government of the Mexican Republic instituted the Empresario system. This system authorized immigration anglo agents like Stephen F. Austin to relocate large groups of colonist families to the state in exchange for land grants and settlement rights. The Empresario system granted settlers a league of land for only $100, provided the newcomers adopt Mexican citizenship, learn the Spanish language, and convert to Catholicism.
How does the Mexican Secretary…
Works Cited
Haley, James L. Passionate Nation: The Epic History of Texas. New York, NY: Simon & Schuster, Inc., 2006. Print.
Haynes, Sam Walter, Paterson, Thomas, & Wintz, Cary D Major Problems in Texas History: Documents and Essays. Boston, MA: Houghton Mifflin Company., 2002. Print
8th Grade: Readers Cinema
Standard:
The students will utilize and identify tone that is steady with the sentence type. (Content)
The students will identify words that are being mentioned. (Content)
The students will learn how to be thoughtful of others. (Process)
The objective of this task is to have the students complete a reader's cinema with the class in front of the camera that will film them using video. The video that will be used can be from a regular cell phone or it can be from some kind of a camcorder. Before this takes place, the students will have done no less than four run-throughs as a class performing on the characteristics of eloquence. We have completed workshops that help students recognize words that produce tone and natural breaks in sentences to make sentence flow. For instance, the teacher will have the students to circle particular words in their…
Selling in public obviously can result in an arrest far easier than selling in a dorm, or a bar, or a workplace, as whites tend to do. Police can stop a black man on the street and frisk him without a warrant. And so if African-Americans are far more likely to be selling crack in the open air, and crack sales result in far longer jail sentences than powder cocaine sales, there is at least part of the answer as to why African-Americans serve longer sentences in some cases.
A ashington Post analysis of 79,000 federal sentences between the years 1993 and 1995 (referenced in Jet Magazine) reflects that "Blacks received 2% longer jail terms than whites" nationally, and in the District of Columbia Blacks received sentences that were 12% longer than whites (Jet Magazine).
Meantime, in the publication Sentencing Law and Policy (a participant in the law Professor Blogs…
Works Cited
Contexts. "Black/White Disparities in Prison Sentences." Sociological Images. Retrieved January 30, 2009, from http://contexts.org .
Doege, David. "Drug Sentences Worse For Blacks." Journal Interactive. Wisconsin State
Journal. (2007).
Jet. "Federal Prison Study Reveals That Black Defendants Still Get Longer Sentences.
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…
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
Landecker (2009) examines the methods of teaching by a professor at Trinity College who teaches sentence diagramming to her students. The technique is no longer a common one in English classes, so the methods of the professor are quite unique. The students, however, show great enthusiasm for the practice and are able to break down the structure of complex sentences with skill and they do so in a competitive manner as part of the professor's overall testing of their abilities: they must partake in a competitive diagramming game in which one half of the class competes against the other half and points are deducted for sentence diagramming errors. The study indicates that the method is helpful for promoting participation and enthusiasm in the classroom but its narrative structure does not provide any indication as to whether the exercises have an effect on the students' ability to craft a well-written sentence…
References
Landecker, H. (2009). Diagram this headline in one minute, if you can. Chronicle of Higher Education, 55(36): 10-12.
Sipe, R. B. (2006). Grammar Matters. The English Journal, 95(5): 15-17.
Ethics
Prison
Purpose of a Prison Sentence
Crimes are committed daily in our modern day society and can be loosely defined as any action, that by society's standard, equals the breaking or disobeying of some accepted rule, standard, statute or cultural opinion. Crimes can be committed by either or both adults and juveniles. There is no age requirement to committing a crime but age often does affect other aspects of how and when a perpetrator gets caught and/or treated by law information. Many things can get people incarcerated such as selling drugs, jaywalking and premeditated murder to name a few. That brings to light the topic of the system of jurisprudence and the criminal justice system. Even though crime continues to rise, our criminal justice system is underfunded, understaffed and most likely overwhelmed. So, if this is the case, what is the purpose of a prison sentence? There are many…
Works Cited
New World Encyclopedia. (2009). Prison. Ed. All American Patriots. 2005 March 1. Retrieved on December 1, 2009, from New World Encyclopedia at http://www.newworldencyclopedia.org/entry/Prison
Headline
Diagram This Headline in One Minute, If You Can.
the requirements for EDUC 594
The purpose of the study by Landecker (2009) was to show that the sentence diagramming can be an fun, interactive, competitive and engaging exercise to help students learn the parts of speech and how they fit together in a sentence. Landecker (2009) uses the observational method to gather data on her sample: a classroom of students under the direction of professor Lucy Ferriss. 24 students between the ages of 19 and 21 were "so excited about diagramming" thanks to the teaching methods the 55-year-old instructor employed in the classroom (Landecker, 2009, p. 10). The question that Landecker posed at the beginning of the study was whether or not students could actually find diagramming to be an interesting subject to which they could apply themselves and from which they could learn. As Landecker (2009) finds through…
References
Landecker, H. (2009). Diagram this headline in one minute, if you can. Chronicle of Higher Education, 55(36): 10-12.
substances, alcohol and marijuana, which one do you believe can most likely impact the reliability of a statement given by a subject under its influence? Why?
Considering the impact of the two substances, alcohol and marijuana, it seems that the reliability of a statement given by a subject under the influence would be most impacted by consumption of alcohol. Alcohol and marijuana are both know to reduce inhibition and judgment. Naturally, the impact that marijuana or alcohol has on social perception is related to the degree of exposure to or consumption of the drug.
However, a person under the influence of alcohol is less likely to be able to accurately assess how others perceive what they say than a person under the influence of marijuana, and thereby have less concern about exaggeration or misrepresentation when making a statement.
Which personality disorder would most likely provide the least reliable information during…
References
Pearse, J., Gudjonsson, G.H., Clare, I.C., and Rutter, S. (1998). Police interviewing and psychological vulnerabilities: Predicting the likelihood of a confession. Journal of Community and Applied Social Psychology, 8(1), 1-21.
Sigurdsson, J.F. And Gudjonsson, G.H. (2001). False confessions: The relative importance of psychological, criminological, and substance abuse variables. Psychology, Crime, & Law, 7, 275-289.
Woffinden, B. (2002, December 16). Confessions of a forensic psychologist. The Guardian. [Website]. Retreived http://www.theguardian.com/world/2002/dec/17/law.ukcrime
The significant increase in prison terms has created unsafe, unhealthy, and potentially dangerous conditions for violent and non-violent criminals alike, frequently affecting the potential to rehabilitate felons. The Law has led to various unusual circumstances that have attracted national attention, especially those cases that send third-time offenders to prison for 25 years or more for simple, non-violent, victimless crimes, such as in the case of Santos Reyes in 1998. Despite the controversy and negative consequences, the Supreme Court upheld the Three Strikes Law, saying that it stopped short of constituting "cruel and unusual punishment."
The Three Strikes Law had the intention of limiting recidivism. However, numerous studies suggest that declines in recidivism have been negligible. This is another unintended consequence of the Three Strikes Law; the general failure to curb third offenses. Violent crimes have dropped in urban areas in California, but those declines are in line with declines in…
PA: Mason Crest Publishers.
Tyler, T. (1997). Three Strikes and You're Out, but Why? The Psychology of Public Support
for Rule Breakers. Law & Society Review, vol. 31, 2, pp. 23-246.
Nathaniel Hawthorne's The Scarlett Letter explores the method of public shaming as a form of legitimate legal sentencing. In the novel, Hester Prynne has an affair with Reverend Dimmesdale. Even though her husband has practically abandoned her and lives in another country, she is punished for what was in Puritan America considered a crime. The punishment reflects Puritanical values related to female sexuality, and reveals ways a patriarchal society controls women's choices by monitoring and controlling their private lives. Given private and domestic spheres were the only realms women had any degree of power, the control over women's sexuality in The Scarlett Letter shows how patriarchy becomes entrenched and immutable. Moreover, the use of public shaming to sentence Prynne serves an overarching function of social control. Religion, a core theme in The Scarlett Letter, is the vehicle of that social control and the law is also used to enforce and…
S. Senator Dianne Feinstein. The legislation makes the provision of over $ billion in funding "for gang prevention, intervention and law enforcement programs over five years and establishes new crimes and tougher penalties to deter and punish members of illegal street gangs." (Feinstein, 2007) the legislation proposed by Feinstein would make illegal participation in a criminal street gang a federal crime. The legislation criminalizes violent crimes in furtherance or in aid of criminal street gangs and creates a new criminal offense for murder and other violent crimes committed in furtherance of a drug trafficking crime. Under the present law, "a felon's criminal street gang involvement can be treated at most as a sentencing enhancement, adding no more than 10 years to a sentence. This bill establishes far higher penalties for violent gang crimes, including the possibility of life imprisonment without parole for murder, kidnapping, aggravated sexual abuse, or maiming. If…
Bibliography
Matthews, D. And Ruzicka, K. (2000) Proposition 21: Juvenile Crime. Capital Center for Government and Law Policy - California Initiative Review. March 2000 initiatives - Proposition 21. Pacific McGeorge School of Law. Online available at http://www.mcgeorge.edu/government_law_and_policy/california_initiative_review/march_2000/ccglp_cir_march2000_prop_21.htm .
McKim, J.B. And Rhor, Monica (2007) Justice by Geography (Orange County Register) 3 June 2007. Online available at http://dist08.casen.govoffice.com/index.asp?Type=B_PR&SEC=%7BE917F382-8B46-4C4E-976E-64261965F209%7D&DE=%7BCA01ACE7-2B51-4E14-8DE4-3C7CC3E4DDFB%7D
Governor Scwarzenegger Endorsees Senator Feinstein's Comprehensive Gang Legislation. (2007) United States Senator Dianne Feinstein California. 20 March 2007. Online available at http://feinstein.senate.gov/public/index.cfm?FuseAction=NewsRoom.PressReleases&ContentRecord_id=7189577e-cc9b-d379-16f3-c9194d249b56&Region_id=&Issue_id=
Velasquez, N. (2007) L.A. City Attorney Delgadillo Establishes New Policy Regarding Gang Injunction Violations: New Policy Enables Check of Convicted Gang Injunction Violators' Residency Status. 5 April 2007. Online available at http://www.lacity.org/atty/index/attyindex56044369_04052007.pdf .
Appeal System
The appeal of a sentence or verdict in a criminal case is governed by statute. Consequently, the appeal represents the first opportunity that a convicted federal criminal may seek to contest a conviction or sentence. The appeal allows the system to engage in due care, and gives a final opportunity to the defendant to challenge before the conviction is finalized. In fact the conviction and sentence that has been applied to the individual is not avowed until the direct appeal has been heard by the higher appellate court. It should be noted that when a defendant is found not guilty by the court the government cannot appeal that verdict (The appeals process 2012). There are three avenues of appeal open to a defendant 1. A direct appeal, 2, a post-conviction relief petition and, 3 a petition for Writ of habeas Corpus (Criminal appeals process 2012)
Before a case…
References
About the court (2012). Retrieved from http://www.cca.courts.state.tx.us/court/overview.asp
The appeals process (2012). Retrieved from http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/HowCourtsWor
k/TheAppealsProcess.aspx
Criminal appeals process (2012). Retrieved from http://www.azag.gov/victims_rights/Brochures/CriminalAppealsProcess.pdf
Capital Punishment
Analysis of "The Death Sentence" by Sidney Hook
Sidney Hook's analysis of the capital punishment and its effect and implications in the society are outlined in his article entitled, "The Capital Punishment." In his article, Hook discusses the different perspectives wherein the debate over the implementation or abolishment of capital punishment is discussed. Hook contends that individuals and groups that favor the implementation of capital punishment tend to subsist to the 'retributive theory,' whose primary aim, according to Hook, is to "desire for revenge," and not justice, as what many proponents for capital punishment claim. Similarly, Hook also criticizes the proponents against the implementation of capital punishment, who are popularly called as the "Abolitionists." The abolitionists contend (against the pro-capital punishment groups) that capital punishment is inhumane, and society must give the criminal a chance to reform his/her self primarily because the criminal's behavior and acted may have…
The death penalty is therefore morally and ethically necessary not only for an ordered society but as a necessary means to protect the innocent from evil.
Secondly, from a Catholic point-of-view this stance is supported by centuries of Church doctrine and by references to iblical test, as discussed above. This also refers to the view that many modern Catholics take; which in turn refers to the contemporary emphasis on the right to life as a sign of the decline of religion and the growth of secularization. This reflects the view that the growing opposition to the death penalty"… has gone hand in hand with a decline of faith in eternal life." ( Dulles)
4. Conclusion
The above discussion has outlined the two central arguments for and against the death penalty from a Catholic perspective. There is little doubt that this topic has also crested intense debate within the Church. This…
Bibliography
Dulles A. Catholicism & Capital Punishment. Sunday. 3 Oct. 2010
( http://www.catholiceducation.org/articles/religion/re0461.html ).
Gonzales A. Pro-life and Pro-Capital Punishment Contradiction in Terms? 3 Oct. 2010
( http://www.roman-catholic.com/Roman/Articles/CapitalPunishment.htm )
Sentencing Philosphy
Sentencing Philosophy
The proper way to deal with criminals has always been something that has vexed and frustrated people on one level or another. To be sure, the idea of punishing someone for their misdeeds is not foreign to most people and indeed this is inculcated into youth from a very young age. There is also the need to protect the public from behavior that is violent or at least very damaging to others or their property. Beyond that, there is also the concern about rehabilitating people and getting them to enter society again with a better head on their shoulders and without a perceived need to commit more crimes. While pointing to a singular purpose for criminal punishment and sentencing is fleeting, a broad-based approach that deals with punishment for misdeeds, public safety and rehabilitation.
Analysis
Asking different people what the central purpose or purposes of criminal…
References
Frase, R.S. (1994). Purposes of punishment under the Minnesota sentencing guidelines. Criminal Justice Ethics, 13(1), 11.
Stella, P. (2001). The Purpose and Effects of Punishment. European Journal Of Crime,
Criminal Law & Criminal Justice, 9(1), 56-68. doi:10.1163/15718170120519309
In that regard, sentences imposed for crack cocaine are so much harsher that approximately 100 times as much powdered cocaine is required to approach the sentences imposed in connection with crack cocaine offenses. This issue is particularly relevant to the disparity inherent in mandatory sentencing and arbitrariness in sentencing, especially since dealers in powdered cocaine are much more likely higher up on the supply chain than distributors of crack cocaine (USSC, 2007).
The issues concerning provisions of the U.S.A. PATIOT Act pertain to establishing sentences for crimes established and defined by the ACT, such as narco- terrorism, smuggling munitions or military equipment without a license for transport, mining U.S. waters, and interfering with maritime navigation equipment (USSC, 2007).
The Adam Walsh Child Protection and Safety Act of 2006 requires sex offenders to register and imposes criminal penalties for failure to comply. The current federal sentencing issues authorize increasing sentences for…
References
Cullen, F.T., Eck, J.E., Lowencamp, C.T. (2002) Environmental Corrections: A New Paradigm for Effective Probation and Parole Supervision.
Lynch, M.J. (1999) Beating a Dead Horse: Is Their Any Basic Empirical Evidence for the Deterrent Effect of Imprisonment?
Schmalleger, F. (2001) Criminal Justice Today: An Introductory Text for the 21st Century. New Jersey: Prentice Hall
Sentencingproject.org