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Stratified sampling will allow the research team to take these prejudices into account when examining the data so as to avoid any skewing resulting from prejudices.
The potential population in this study is clearly defined. Although the effect of the three strike rule on the general public cannot be completely disregarded, it is more likely that the general public is more greatly affected by generalized criminal statutes to govern their behavior than the possibility that they may be subject to eventual three strike rule enforcement. As already pointed out, random interviews will be conducted with prosecutors, defense counsel, judges, probation officials, jail and prison personnel, and incarcerated and previously incarcerated criminals.
The location of all interviews will be in sites as neutral as possible. This is particularly important in the interviews of the convicted criminals. Said interviews must be afforded every opportunity to feel comfortable and free of any potential…
Three Strike Law:
The Three Strikes Laws are policies in the criminal justice system that target repeat criminals and are enacted by many states. Following three distinct offense convictions or strikes, offenders are locked out of society by being sentenced to life imprisonment. The reason behind the Three Strike Law is that offenders who commit crimes repeatedly are likely to pose a serious threat to the society and should be jailed in order to protect the society ("Understanding Three Strikes," n.d.). In many states, Three Strike laws only consider serious or violent crimes as the first two strikes with a considerably lower threshold for the third strike. This lower threshold for the third strike includes crimes like forgery and shoplifting, which may result in a sentence of between 25 years to life imprisonment.
The Three Strike Law was first incorporated in the criminal justice system in early 1990s when California…
Messerli, J. (2006, October 15). Is the Three-Strikes Law, Which Provides Mandatory 25-to-life
Sentences for a Third Felony Conviction, A Good Idea? Retrieved August 12, 2011, from http://www.balancedpolitics.org/three_strikes.htm
"Understanding "Three Strikes and You're Out" Laws." (n.d.). Total Criminal Defense.
Retrieved August 12, 2011, from http://www.totalcriminaldefense.com/overview/three-strikes-law.aspx
Californian lawmakers and citizens, in the year 1994, ratified a key amendment in the crime sentencing regulation of the nation (touted as ‘Three Strikes and You’re Out’ or the ‘Three Strikes Law’). Implemented by the state legislature under Chapter 12 of the 1994 Statutes (AB 971, Jones) and by California’s electorate under Proposition 184, one of the main elements of this regulation is that it mandates at least twenty-five years of life imprisonment in case of individuals convicted thrice for several past aggressive or major felonies (Brown and Jolivette; Diamond). This rule was enacted following concerns raised after the perpetration of a number of high profile homicides by ex-convicts. Society began to widely believe that violent criminals who acquired release from jail went on to perpetrate novel, and usually more brutal and major, offences. In this paper, the regulation’s effect will be explored and how far it has successfully accomplished its…
Brown, Brian, and Greg Jolivette. A primer: Three strikes: The impact after more than a decade. Legislative Analyst\\'s Office, 2005. Web.
Miller, Bettye. “Evidence Does Not Support Three-strikes Law as Crime Deterrent.” UCR Today. (2012). Web.
Sutton, John R. \\"Symbol and substance: Effects of California\\'s Three Strikes law on felony sentencing.\\" Law & Society Review 47.1 (2013): 37-72. Print.
Taibbi, Matt. \\"Cruel and unusual punishment: The shame of three strikes laws.\\" Rolling Stone 27 (2013). Web.
The New York Times. “3 Strikes and You\\'re Out: After 20 Years, Is the Law Working? | Retro Report | The New York Times.” Youtube. (2013). Web.
California Three-Strike Law
In California, there is a serious attempt of controlling crime. Various laws have been enacted to control the criminals who are repeatedly being caught for serious crimes. Penal Code 1170.12 (Proposition 184) was one such law passed by the citizens in March 1994 to deal with the criminals. The Penal Code is popularly known as "Three Strikes and you are out." It all started when Mike Reynolds drafted legislation in response to his daughter Kimber Reynolds being murdered by a career criminal. The bill was killed in the committee itself. (Vitiello, 1997) Then Reynolds started collecting signatures to get the bill through. In the meantime, another innocent 12-year-old girl Polly Klaas was kidnapped during a slumber party, and subsequently murdered. Here also the criminal was a prior criminal with conviction for kidnapping and burglary. This became an emotional issue and the law came into effect in 1994…
Vitiello, Michael. "Criminal Law: Three Strikes: Can We Return to rationality" 87, Journal of Criminal Law and Criminology, (1997) 395
Schuraldi, V. " Three Strikes: The Unintended Victims" Center on Juvenile and Criminal Justice, San Franciso, (1994).
Schultz, David. "No joy in Mudville Tonight: The Impact of 'Three Strike Laws' on State and Federal Corrections Policy, Resources and Crime Control," 9 Cornell, Journal of Law and Public Policy, (2000) 557,
You're Out! (The three-strikes law in California)" Los Angeles Magazine, (August 1999)
legislation, lawmakers need to focus on the public good, the possible repercussions of their actions, and most importantly, the "fairness" of their legislation. These three tenets seem to have been disregarded when California passed its 3-strikes law in 1994. The law has not only failed to serve the public good (both financially and in terms of crime), but it has created a dynamic within the criminal justice system that seeks to punish minor offenses, while shifting focus away from violent offenders. orst of all, the 3-strikes rule has proven to be blatantly unfair. Not only is it exceedingly harsh in its penalization of convicts (particularly those accused of nonviolent crimes), but it is also applied disproportionately to minorities and the poor.
In order to understand the 3-strikes law, it is important to explore its origins and original intents. New approaches to solving crime reached a breaking point in the early…
Butterfield, Fox. "Three Strikes Law in California Clogging Courts and Jails."
New York Times (Electronic Edition). 3 March 1995. Accessed 22 July 2003. www.nytimes.com.
Butterfield, Fox. "Intervening Programs Might Be More Effective than Three
Strikes." New York Times (Electronic Edition). 23 June 1996. Accessed 22 July 2003. www.nytimes.com.
Three Strikes Law
There are numerous problems associated with the prison system in the state of California. More than a few of these problems are directly caused by the state's infamous Three Strikes legislation -- in which individuals who receive three felonies are sentenced to 25 years to a life term in prison. In codifying the problems related to the state's prison system as identified by the essay written by the politician who was eligible for reelection, it becomes apparent that the most salient of these are the huge expense associated with quartering so many prisoners, overcrowding, and a lack of rehabilitation.
In 2010, the state spent a total of nearly 8 billion dollars to quarter, feed, and provide healthcare for prisoners, which represents a 12.2 percentage of costs outside of the state budget (Vera, 2012). These budgetary constraints are due in large part to the fact that the prisons…
Ireland, J. (2001). "Pros & Cons of Free Universal Healthcare." www.livestrong.com.
Retrieved from http://www.livestrong.com/article/30692-pros-cons-universal-health/#ixzz1t2lGiOFK//
Rodriguez, S. (2013). California prison conditions driving prisoners to suicide. Solitary Watch. Retrieved from http://solitarywatch.com/2013/03/15/california-prison-conditions-driving-prisoners-to-suicide/
Skolnick, A. (2011). Runaway Prison Costs Thrash State Budgets. The Fiscal Times, 9 Feb 2011. Retrieved from http://www.thefiscaltimes.com/Articles/2011/02/09/Runaway-Prison-Costs-Thrash-State-Budgets
herefore, by increasing the costs of imprisonment by the three strikes law, it is intended that there will be less crime. Marwell and Moody express several difficulties with the laws in the 24 states: Criminals are not always aware of the laws, at least not initially; repeat criminals can be expected to serve substantial prison terms even in the absence of the laws; almost all of the states already had habitual criminal statutes where criminals with prior convictions could be given lengthy sentences under the judge's discretion; the deterrent effect on homicides is limited in any case because the law most likely does not increase sanctions for homicides. However, the law may reduce homicides by deterring robberies and other felonies where homicides may take place; some criminals may limit their expected costs by taking evasive action, such as moving to another jurisdiction or to other areas of crime where the…
Trends: Crime, the Police, and Civil Liberties
Greg M. Shaw; Robert Y. Shapiro; Shmuel Lock; Lawrence R. Jacobs
1998 62:405-426. Public Opinion Quarterly
Three Strikes Law on the African-American Community
Three Strikes legislation, which imposes sentencing enhancement on repeat offenders, often culminating with mandatory life sentences for third-time offenders, has gained popularity throughout the United States. The legislation began in California, where two highly publicized murders committed by convicted felons prompted an outcry against allowing recidivists to return to the community. California did see a decrease in crime rates following its institution of the Three Strikes policy, though there is considerable debate about whether the Three Strikes laws were responsible for that decline. Many other states adopted the legislation, so that about half of all states now have three strikes legislation. While these laws may not necessarily have the desired deterrence effect on crime, the general consensus appears to be that they are not harmful to society; therefore, even if they cannot be proven to be helpful, they should remain in place. However,…
Brown, B. & Jolivette, G. (2005). A primer: Three strikes- the impact after more than a decade.
Retrieved February 13, 2012 from Legislative Analyst's Office website: http://www.lao.ca.gov/2005/3_strikes/3_strikes_102005.htm
Goodno, N.H. (2007). Career criminal targeted: The verdict is in, California's Three Strikes law proves effective. Golden Gate U.L. Rev., 37(2), 461-485.
Jones, B. (1999). Why the Three Strikes law is working in California. Stanford Law & Policy
Locking up petty thieves and drug users (the overwhelming majority of them black and Latino males) for 25 years to life without the possibility of parole is a blatant violation of the Eighth Amendment prohibition against cruel and unusual punishment."
Summary and Conclusion
Changes are needed in order to address the critical problem of overcrowding in U.S. Prisons and as well the fact that there are so many non-violent offenders housed with hardened and violent criminal individuals is as well a problem in the present structure of the prison system. Only legislation of this law into a modified workable solution will address all the relevant issues brought on by the "Three Strikes" law.
Ehlers, Scott, et al. (2004) Still Striking Out Ten Years of California's Three Strikes Law 2004 September:
According to this work written and published in 2004: " the ten-year anniversary of the signing of the…
King, Ryan S. And Mauer, Marc (2001) Aging Behind Bars: "Three Strike" Seven Years Later 2001 August the Sentencing Project www.sentencingpr oject.:
The Sentencing Project conducted an analysis, which found that "three strikes sentencing will contribute substantially to the aging of the prison system." (Ryan & Mauer, 2001) Between the years of 1994 and 1998 the average age of the third strike inmate was 36.1 years of age. In the first five years after the law was first enacted number of those above the age of 40 raised from 15.3% in 1994 to 23.1% in 1999.
Criminal Justice & Three Strikes Law
Criminal Justice -- hree Strikes Law
Decades ago, America got tough on crime, especially when it involved habitual offenders. In order to reduce crime, at least 26 states passed hree Strikes Law giving especially long sentences to those offenders. he original hree Strikes Law had consequences that outweighed the benefits, so many states have amended or otherwise revised hree Strikes, usually reducing or eliminating mandatory maximum sentences and giving judges more discretion. Perhaps the most striking example is California, which enacted a very tough hree Strikes Law in 1994, suffered serious consequences, and then "reformed" the law. While states still wish to be tough on crime, they want to ensure that the benefits of hree Strikes Law outweigh its consequences.
Overall Rationale of hree Strikes Law
he overall rationale of the "hree Strikes Law" is the significant reduction of crime. It supposedly reduces crime in two ways: by making…
The overall rationale of the "Three Strikes Law" is the significant reduction of crime. It supposedly reduces crime in two ways: by making it more difficult for repeat offenders to commit even more crimes during extended incarceration; and by discouraging other offenders from committing more crimes due to the threat of Three Strikes sentencing (Brown & Jolivette, 2005). Imprisonment is supposed to modify the behavior of offenders and discourage them from committing more crimes; however, "habitual offenders" - those who repeatedly commit serious crimes - are supposedly not responsive to behavior modification through imprisonment and not deterred by the prospect of prison. Consequently, the habitual offender is difficult for the justice system to handle, so this special law -- the "Three Strikes Law" -- was designed to deal with them (Brown & Jolivette, 2005).
The "Three Strikes Law" is a product of the "get tough on crime" movement in the United States during the 1980s and 1990s, when politicians seized on citizens' anger and fear of crime and made it a strong political issue (Vitiello, 1997, p. 395). Based on the baseball rule of "three strikes, you're out," the Three Strikes Law provides that a person who has been convicted of two serious criminal offenses (felonies), must be sentenced to an exceptionally long-term of incarceration if he/she is found guilty of committing a third offense (Sutton, 2013, p. 40). Variations of the Three Strikes Law were enacted in at least 26 states (Brown & Jolivette, 2005), with the earliest and most severe enacted in California in 1994 after two particularly heinous murders committed by repeat felony offenders. In California, the "third strike" could be designated at the prosecutor's discretion and did not need to be a serious crime (Sutton, 2013, p. 40).
While proponents of the Three Strikes Law maintain that it has reduced crime, the law had some alarming consequences. The disturbing consequences of California's Three Strikes Law are perhaps the most conspicuous. First, since the "third strike" could be designated by the prosecutor and did not need to be a serious crime, repeat offenders who committed petty and/or nonviolent third crimes were sentenced to life imprisonment. For three examples, repeat offenders were given life sentences for "stealing one dollar in loose change from a parked car, possessing less than a gram of narcotics, and attempting to break into a soup kitchen" (Stanford University, 2015). Secondly, the imposition of life sentences for petty nonviolent crimes contributed to prison overcrowding and added $19 billion to the state's prison budget because California had to incarcerate, guard, feed, clothe, medically care for and otherwise handle many more inmates (Stanford University, 2015). Third, California's Three Strikes Law disproportionately affects minorities (over 45% of whom are African-American),
Define the Problem
The defined and existing problem is going to vary in scope and definition depending on who is doing the defining. However, there are some clear and obvious problems with the “three strikes” law. The policy itself was meant to address a problem. However, that policy has created a new set of problems. Indeed, there are situations where three-time violent felons are justifiably put away for twenty-five years to life. However, the major problem with the policy are the human and budgetary costs that are created by people being thrown in jail for life for minor offenses (“Ewing v. California”, 2017). There is also the concern that some people are being thrown in jail even though they will soon “age out” of criminal behavior. Indeed, men in their 60’s are not able to crawl through windows, run and jump fences like someone in their 20’s or 30’s (Besemer,…
From 1990-1993, prior to three-strikes, the CCI dropped a total of 2.4%. From 1994-1997, post three-strikes, the CCI dropped 30.8%. For violent offenses the decrease was 27% post three-strikes vs. An increase of 7% from 1990-1993 (eres and Griffith 106).
However, some argue that the drop in the crime rate actually began in 1993 with a significant drop before any impact from three-strikes. This does not imply that the huge drop in the crime rate post three-strikes was not due to that legislation. And it cannot be doubted that three-strikes definitely had a significant impact on the crime rate drop. However, other factors may have initiated the drop in crime in 1993, which also impacted the bigger drops after three-strikes. A booming California economy during that same time period is one explanation offered.
Similar Laws in other States?
Twenty-eight states have three-strike laws. Most are "similar" to California's. However there…
Beres, L. And T. Griffith. "Did Three Strikes Cause the Recent Drop in California Crime?" November 1998. Loyola of Los Angeles Law School. 15 September 2009 .
Messerli, J. "Is the three-strikes law, which provides mandatory 25-to-life sentences for a third felony conviction, a good idea?" 15 October 2006. Balancedpolitics.org. 14 September 2009 .
Total Criminal Defense. "Understanding Three Strikes and You're Out Laws." n.d. Total Criminal Defense. 14 September 2009 .
High crime rates are a societal problem that has changed the manner in which society functions. ecognizing the adverse effects that crime has on communities the state of California has implemented a three strikes law designed to deter crime particularly as it pertains to repeat offenders. The propose research will examine the effectiveness of California's three strike law as it pertains to deterring recidivism. Statistical data concerning crime rates and rates of recidivism following the enactment of the law will be analyzed and compared to the same statistic prior to the passage of the law. The results will examine the extent to which the deterrence effect has been effective as it pertains to the three strikes law.
Crime is a major social problem throughout the country. More specifically criminals who are repeat offenders make up a substantial number of the individuals that commit crime. With this understood…
Chen, Elsa Y (2008) .Impacts of "Three Strikes and You're Out" on Crime Trends in California and Throughout the United States. Journal of contemporary criminal justice. 24(4), 345
Goodno, N.H. (2007) Career Criminals Targeted: The Verdict is in, California's Three Strikes Law Proves Effective. Golden Gate University law review. 37(2), 461
Refine or alter search
Helland E., Tabarrok, A. (2007) Does Three Strikes Deter? A Non-Parametric Estimation. Journal of Human Resources, 42 (2) p309-330
Correctional Development 3 Strikes
As California goes, some say, so goes the nation. here is little doubt but that the single most important event in recent correctional history in the nation's progressive state was the development of the hree Strikes laws. Having accepted this idea, the state is now faced with massive budget shortfalls and is confronting federal court orders to immediately and dramatically reduce its prison populations simply because it is too full to treat appropriately all of those put into prison under this get-tough idea.
he hree Strikes law came about following a number of specific crime incidents and legislative actions. A timeline of the evolution of these events has been developed by National Public Radio. he key elements of the effort began formally with Republican Governor Pete Wilson signing the originating legislation into law in March 1994. he law was recognized as being more severe than the…
The Three Strikes law came about following a number of specific crime incidents and legislative actions. A timeline of the evolution of these events has been developed by National Public Radio. The key elements of the effort began formally with Republican Governor Pete Wilson signing the originating legislation into law in March 1994. The law was recognized as being more severe than the approaches of other states, but basically a mandatory life sentence was required for persons convicted of three felonies (though in actuality the person could be paroled after 25 years). Apparently not yet satisfied, the public followed that move by passing a state electoral initiative that added more stringency to the law, hoping to make it difficult for judges to waiver in the sentences they provided. From that point forward, various legal challenge and sensational stories kept the issue alive (such as the case of a person getting life for stealing a slice of pizza) and approved the concept. By the year 2000, the public was coming to grips with the impact of its decision and passed Proposition 36, which allowed offenders with drug use problems to get treatment instead of just prison time. In 2006, after the efforts of several legislators that would require the third offense to be a serious or violent offense, Governor Schwarzenegger refused to change the law, leaving it predominately in place and controlling California's get-tough strategies until today. [1: Tanya Ballard Brown. "Timeline: The Evolution Of California's Three Strikes Law," National Public Radio. Accessed January 26, 2012 at http://www.npr.org/templates/story/story.php?storyId=114250301 . ]
By 2009, however, California was confronted with a reality that it would not be able to get around: It now has too many people in its prisons. A three-judge federal court review panel looked at California's system and ordered major reductions of prisoners, noting that the existing system was unable to maintain adequate health, mental health and related protections for the prisoners. California challenged the ruling but has now come face-to-face with the fact that the court's recommendations would have to stand. And now that state is being forced to undertake specific reforms that center on "shortening sentences, diverting nonviolent felons to county programs, giving inmates good behavior credits toward early release, and reforming parole." Tens of thousands of people are now being sent from state facilities to county facilities, which will likely force lesser offenders out of those jails even though there are few if any community correctional programs to send them to. As the panel put it: "The evidence is compelling that there is no relief other than a prisoner-release order that will remedy the unconstitutional prison conditions." [2: Solomon Moore, "Court orders California to cut prison population." February 9, 2009. The New York Times. Accessed on January 26, 2012 at http://www.nytimes.com/2009/02/10/us/10prison.html . ]
As recently as 2002, the ACLU was actively challenging the concept, posting on its website 10 reasons why Three Strikes was bad law ( http://www.aclu.org/racial-justice_prisoners-rights_drug-law-reform_immigrants-rights/10-reasons-oppose-3-strikes-youre -). Professionals in the field of criminal justice saw the experience differently, and in 2007, the editors of The Journal of the Institute for the Advancement of Criminal Justice offered an issue dedicated to why the law was working. As the editor of that publication put it, "The 'worst of the worst' are in prison where they belong, not in our neighborhoods committing more crimes and creating more victims. Three Strikes has slammed shut what was once a revolving door for career criminals." Perhaps, but the cost of doing this has been tremendous and the state may be swelling with opposition as the cost of stopping the worst offenders means putting to many other criminals back on to the streets. [3: David W. Paulson. IACJ From the Editor's Desk. Issue 1, Summer 2007. Accessed on January 26, 2012 at http://www.iacj.org/PDF/IACJJournalIssue1.pdf . ]
Written into the legal changes would be protocols for review of cases to re-determine parole eligibility in certain cases but especially those where the latter crimes were non-violent and relatively minor offences. Because of this review aspect the legal and physical changes of this alternative is the most effective in both the short-term and long-term, of dealing with prison overcrowding. This alternative was chosen, not because it is the least costly, as it will likely be one of the most costly solutions, but because it has the greatest possibility for making real change in the overcrowding problem and rebalancing the system to create sustainability in the future. The implementation of this change will begin with resources as reviewing many cases, will require thousands of man hours in and out of courtrooms and likely develop into a monumental task for already overburdened public prosecutors, defenders and judges. Changing the legal precedence…
Appleman, L. (2010). The plea jury. Indiana Law Journal, 85(3), 731-776. Retrieved from. http://web.ebscohost.com.wf2dnvr15.webfeat.org/ehost/pdfviewer/pdfviewer?vid=4&hid=108&sid=47f5bf92-4378-496c-a8a0-0fbebcc7710f%40sessionmgr114
Benefield, N.A. (2007, October 24). Private prisons increase capacity, save money, and improve services. Testimony to the Pennsylvania House Labor Relations Committee. In J. Haley (Ed.). Prisons: Current controversies. San Diego: Greenhaven Press.
Blodgett, N. (1987). Alternate sentencing. ABA Journal, 73(1), 32. Retrieved from EBSCOhost.
Clark, C.S. (1994, February 4). Prison overcrowding. Will building more prisons cut the crime rate? CQ Researcher, 4(5), 97-120. Retrieved from http://library.cqpress.com/cqresearcher/
Combating Domestic Abuse in the United States
In the United States, intimate partner violence afflicted nearly 4 out of 1,000 persons aged 12 or older in 2010, down from 1 in 100 in 1994 (Catalano, 2012). This translates into 0.9 million victimizations for the most recent year in which data were available. Females are victimized more often than males, however, with one male victimized for every six females. The crimes include rape, robbery, and assault against spouses and girlfriends/boyfriends, current or former. Family violence victimization rates were similar, with about 2.1 victimizations per 1,000 citizens aged 12 years or over in 2002, the most recent year with for which data is available (Durose et al., 2005). To put this statistic in perspective, approximately one in ten violent victimizations within the U.S. is the result of family violence. The gradual decline in domestic violence rates could be due to…
Catalano, S. (2012). Intimate partner violence, 1993-2010. NCJ 239203. Bureau of Justice Statistics, Office of Justice Programs, U.S. Department of Justice. Retrieved from http://www.bjs.gov/content/pub/pdf/ipv9310.pdf .
Domestic Assault by an Habitual Offender, 18 U.S.C.Z. § 117 (2011).
Durose, M.R., Harlow, C.W., Langan, P.A., Motivans, M., Rantala, R.R., & Smith, E.L. (2005). Family violence statistics: Including statistics on strangers and acquaintances. NCJ 207846. Bureau of Justice Statistics, Office of Justice Programs, U.S. Department of Justice. Retrieved from Bureau of Justice Statistics, Office of Justice Programs, U.S. Department of Justice.
Kolpack, D. (2012, September 19). ND man sentenced in pivotal domestic violence case. Native American Times. Retrieved from http://www.nativetimes.com/index.php/news/crime/7841-nd-man-sentenced-in-pivotal-domestic-violence-case .
Justice at Bat
The Story of Three Strikes Legislation
It has been said that only two things are certain - death and taxes. Yet to these two inevitabilities, many Americans would add a third -- crime. The fear of becoming the victim of a crime - especially of a violent crime - haunts many otherwise rational individuals. Violence, it seems, is everywhere. One need only turn on the television to be assailed by images of murder, rape, and physical assault. And, it is not only Hollywood that is the villain. Both local and national newscasts revel in the depiction and discussion of violent acts: a child is kidnapped; a pregnant housewife disappears and is later found murdered; a ruthless killer stalks the streets of a large city. The media like to quote facts. Just yesterday, on April 27th, it was reported that the murder rate in California's most…
Bellamy, Richard. "Crime and Punishment." History Review (1997): 24+.
Davey, Joseph Dillon. The New Social Contract: America's Journey from Welfare State to Police State. Westport, CT: Praeger, 1995.
On July 29, 1994, paroled sex offender Jesse K. Timmendequas lured his seven-year-old neighbor, Megan Kanka, into his house with the promise of showing her a puppy; one inside, Timmendequas raped and murdered the little girl. One month after the murder, the New Jersey State Assembly passed a law requiring sex offenders to register with a new, statewide database and to inform their neighbors when moving into a neighborhood. This became the basis of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (the Wetterling Act) that was passed as part of the omnibus Federal Violent Crime Control and Law Enforcement Act of 1994. Despite some problems implementing this law, it is a sensible piece of legislation that would undoubtedly be passed today.
The bill that came to be known as Megan's Law was officially titled House Resolution 2137 and was sponsored by Republican representative…
"BBC NEWS | UK | The Story of Megan's Law." BBC News - Home. British Broadcasting Company, 10 Apr. 2007. Web. 30 Nov. 2010. .
"N.J. Court: Towns Can't Ban Sex Offenders - U.S. News - Crime & Courts - Msnbc.com." MSNBC.com. MSNBC, 15 July 2008. Web. 30 Nov. 2010. .
Engeler, Amy. "The Problem with Megan's Law." Good Housekeeping. Dec. 2005. Web. 30 Nov. 2010. .
Hohenberg, John. Reelecting Bill Clinton: Why America Chose a "New" Democrat. Syracuse: Syracuse UP, 1998. Print.
Employment Laws in the UK: Are they Effective?
esearch shows that the last three Parliaments had a trend towards more employment protection events. However, there are some that argue that the protection events are not enough but also the employment issues need to be reduced. Nevertheless, UK employment law still has lesser levels of work protection and more labor marketplace suppleness relative to other EU Member States. For example, in France the industrial relation law has conserved the simple limitations on industrial action presented by earlier Conservative governments. There has been a range of measures which have been able to raise rights and protections for those that are working parents and their careers. More than a few major issues of employment law continued to be unsettled. With that said, this essay will discuss the huge amount of debate around the amount of employment legislation that currently governs employment within the…
Alcock, A. E. (1997). History of the International Labour Organisation. . London: Macmillian.
American Social History Project. (2002). Who Built America? Working People and the Nation's. New York: Panthenon Books.
Armbruster-Sandoval, R. (2008). Globalization and Cross-Border Labor Solidarity in the Americas. New York: Routledge.
Aronowitz, S. F. (2012). From Ashes of the Old: America's Labor and America's Future. . Boston: Houghton Mifflin.
humans have been concerned with the most expedient and effective means of punishment for a crime committed. ecently, the United States has turned more to a correctional than a rehabilitative approach to punishing offenders. Studies conflict as to the success of this approach, although numbers of crimes have declined moderately. In addition, such incarceration leads to other problems such as considerably higher costs and increasing numbers of offenders having chronic diseases such as AIDS.
According to Gould and Sitren in "Crime and Punishment: Punishment Philosophies and Ethical Dilemmas," there are three major frameworks that address the purpose of punishment -- utilitarianism, deontology and peacemaking.
Utilitarianism recognizes the purpose of punishment in terms of the end result. For utilitarians, punishment is justifiable because it creates a greater balance of happiness vs. unhappiness. For Bentham, punishment should be utilized to maximize the total pleasure or minimize the total pain of all parties…
YOU NEED TO ADD THE OTHER ONES HERE, SINCE YOUR FAX DID NOT INCLUDE THE BIBLIO. THANKS
Bedeau, H.A. (2002) Thinking and Writing about Philosophy. Boston: Bedford/St. Martin's.
Braswell, M., Fuller, J, & Lozoff, B. (2001). Corrections, Peacemaking and Restorative Justice: Transforming Individuals and Institutions. Ottowa, Canada: Anderson Publishing.
Law of Demand
Changes in supply and demand of goods and services lead to a shift in equilibrium. Business managers have to be seized of how market equilibrium is sought in order to make robust business decisions that can pay-off. Market equilibrium is attained when the quantity demanded by the consumers corresponds to the quantity that the firms are willing to supply bearing in mind that equilibrium is basically the price quantity pair where the quantity demanded corresponds to the quantity supplied (Vienneau, 2005). Business enterprises have to be aware of the nuances of the market equilibrium.
Economists postulate that other things held constant, an increase in price of a commodity will make the quantity of that commodity demanded to decline and vice-versa. The demand of a commodity is the amount of that commodity that is bought per unit time at a particular price. An individual will demand a specific…
Garegnani, P., (1970). Heterogeneous Capital, the Production Function and the Theory of Distribution. Review of Economic Studies, 37(3), 407 -- 436.
Sullivan, A. & Sheffrin, S.M. (2003). Economics: Principles in Action. Upper Saddle River,
New Jersey: Pearson Prentice Hall.
Vienneau, R.L. (2005). On Labour Demand and Equilibria of the Firm. Manchester School,
11. The issued rose in this case is unauthorized use of a company vehicle, which resulted in an accident. Prater was told to bring the truck home over the weekend to work on the body only. His boss never gave him permission to use the truck for any other purpose. Besides, the insurance on the truck would probably only pay for the accident if it occurred on company time. Prater could be charged for stealing the truck and unauthorized use. The ruling in this case should be for the plaintiff. Prater should have to pay for the accident and repairs to the truck.
5. In this case, the city is still the rightful owner of the piece of restored artwork. It does not matter how long Hoeltzer had the artwork, it is still the property of the city. Therefore, the city has legal title to the artwork unless…
Society Bring Law
There is a fair amount of veracity in the assumption that major changes in society frequently account for changes in laws. The relationship between these two occurrences appears fairly direct and even logical. Major changes in society ultimately result in different types of behavior in people. When people begin acting differently, their actions tend to produce different consequences than before whatever change was made in society. Not all of these consequences are favorable. Some are dangerous, and many times, they are unforeseen and can have a significant impact on society in a way that was not intended due to whatever sort of change was initiated. Therefore, there are frequent occurrences of alterations in the law to accommodate for these unforeseen occurrences, and to attempt to preserve the original spirit and safety of the law.
Numerous examples can substantiate this thesis. Virtually any aspect of technology…
Brown, D. (2012). "Cell phones and driving in California." Nolo. Web. Retrieved from http://www.nolo.com/legal-encyclopedia/cell-phones-driving-california-law-29709.html
Kay, M., Vance, Andrea. (2011). "Controversial internet file-sharing law passed." Stuff.co.nz. Web. Retrieved from http://www.stuff.co.nz/technology/digital-living/4885041/Controversial-internet-file-sharing-law-passed
Miller, N. (2010). "Georgia's new texting while driving law." HG.org. Web. Retrieved from http://www.hg.org/article.asp?id=19555
Business Ethics and Law
Over the last several years, the issue of ethics and legal challenges has been increasingly brought to the forefront. This is because globalization has created a change in the way firms are interacting with employees. Over the course of time, this has resulted in firms outsourcing jobs to key locations (which have lower labor costs). This has given executives greater amounts of flexibility in determining: what is asked of employees, the kind of benefits that are received and the impact on labor relations. (Franklin, 2001, pp. 7 -- 16)
In the case of Caterpillar, they have been using this kind of strategy to reduce their costs and to begin selling their products in developing markets. This has resulted in the company realizing increasing profit margins and it has helped the firm to aggressively market to consumers in these areas. However, a problem has emerged inside many…
Franklin, S. (2001). Three Strikes. New York, NY: Guilford Press.
Miller, P. (2002). Rethinking the Factory. Cultural Values, 6 (2), 91 -- 117.
Orelman, E. (2006). Caterpillar. St. Paul, MN: Motor Books.
Torres, J. (1996). The Corporate Campaign at Caterpillar. Journal of Labor Research, 17 (3), 377 -- 394.
Crimes Committed Against Persons in the United States
The United States is one of the world's super powers. Like any other country, it experiences the challenge of crimes committed against people too. The FBI has shown that the rate of violent crimes committed in the US has been declining for the past two decades. Violent crimes can be classified into types that include rape, murder, aggravated assault, and robbery. Statistically, the rate of crimes committed to people in 2016 decreased by 1.1% when it is compared with those reported in 2015. The rates of crimes against people vary across regions. For example, the FBI reports that in 2016, there was a positive change in the rate of 2.0% in murder cases in Northeast region and 1.2% in Midwest (Federal Bureau of Investigation). Therefore, this research paper examines the different types of crimes committed against persons in the US, their characteristics,…
Add to this confusion the growing prevalence of telecommuters and the issues of the FLSA become even more complicated. Of course some telecommuting positions fall into the exempt category, and therefore are not subject to overtime pay, however some do. Due to the freedom to engage in 'private pursuits', employers may monitor when a virtual employee logs onto his or her computer and may require that he or she get permission before working overtime (Gabel & Mansfield 2003, 316). Only by fully understanding the FLSA and the legislation that has evolved from its implementation, can Human Resource professionals be certain to obey the regulations and not compromise their organization.
In addition to the monitoring of ever-changing compensation laws, Human Resource professionals must also be well versed in discrimination legislation as well. The Civil Rights Act of 1964, one of them of the most important pieces of discrimination legislation created,…
Affirmative Action. (12 Oct. 2004). Online. Available at http://en.wikipedia.org/wiki/Affirmative_action [accessed 15 October 2004].
Crampton, Suzanne M., Hodge, John W., Mishra, Jitendra M. "The FLSA and Overtime Pay." Public Personnel Management 32, no. 3 (Fall 2003): 331-354. Database online. Available from ProQuest database.
DeLeire, Thomas. "The Wage and Employment Effects of the Americans with Disabilities Act." Journal of Human Resources 35, no. 4 (Fall 2000): 693-715. Database online. Available from Business Source Premier database.
EEO Poster. (No date). Online. Available at http://www.dol.gov/esa/regs/compliance/posters/pdf/eeopost.pdf [accessed 11 Oct. 2004].
ender to Ceasar the Things That Are Ceasars
ender unto the Caesar the Things that are Caesar's
"ender unto Caesar what belong to the Caesars" is the beginning a phrase ascribed to Jesus in the synoptic gospel, which fully reads, "ender unto the Caesar what are Caesar's, and unto God what belong to God." This phrase has been a widely quoted and controversial summary on the relationship between the contemporary secular authorities and Christianity. The origin of this message was from the response posted to a question on how lawful it was for the Jews to pay taxes to the Caesar. This phrase gave rise to all possible and multifaceted interpretations (obert & Miller 1995, 421) concerning the conditions under which it could appear desirable for Christians to earthily commit themselves to earthly authorities. All the three synoptic gospels elicit a group of hostile questioners who tried to trick Jesus…
Alfred, Luis & Tennyson, Maurice. (1994). Not in vain the distance beacons: Singing hymns of the living tradition. Boston: Beacon Press.
Anne, Sidneys & Desmond, Elias. (1993). Titus silence and courage: Income taxes, war and Mennonites. MCC Occasional Paper, 16: 34-39.
Brown, Levis & John, Derrick. (1839). The law of Christ respecting civil obedience, especially in the payment of tribute. London: William Ball.
Calvin, Huningtone., George, Festus & Kennedy, Moreno. (1986). The Prophet-hood of all believers. Boston: Beacon Press.
The way that a society treats its criminals is indicative of the moral character and worthiness of that society. While it is easy for us to ignore and disregard the criminals amongst us by leading them to prison and throwing away the key, an important lesson is lost in this disregard for the human experience. In California the intolerance of violent crime and action has led to the development of the Three Strikes Law, which was implemented in 1994. As a policy maker I am firmly opposed to this law as I find it to be inhumane, impractical, excessively expensive and carried out in poor taste with a snobbish attitude towards those of us who have temporarily lost our way. A new policy is needed that can help address the important facts and details particular to the State of California and its unique needs.
Batabyal, A. (2014). It's time to rethink three strike and similar laws. Rochester Business Journal, 3 Jan 2014. Retrieved from http://www.rbj.net/article.asp?aID=205046
California Courts, The Judicial Branch of California (nd). Viewed 2 Feb 2014. Retrieved from http://www.courts.ca.gov/20142.htm
Cohen, D. (2013). Latest FBI Crime Statistics Released. Right On Crime, 20 Sep 2013. Retrieved from http://www.psychologytoday.com/blog/inside-the-criminal-mind/201104/do-prisons-really-make-offenders-worse
Egelko, B. (2013). Prop. 36 3 Strikes Change working lawyers say. 9 Sep 2013. Retrieved from http://www.sfgate.com/crime/article/Prop-36-s-3-strikes-change-working-lawyers-say-4800057.php
The costs of incarceration may extend far beyond prisoner and prison facility maintenance. When we begin to reap the seeds we sow now by placing more persons in prison, we may discover other unforeseen costs including increases in social service expenditures by families and communities and potential increases in crime rates down the road (rutchfield 2004).
Lynch & Sabol (2004) note that the future effects of the "three strikes" laws are unknown, given the lack of longitudinal studies available. However, as more scholastic evidence is compiled we may begin to realize that getting tough on crime is backfiring. Meares (2004) states, "the tentative results that Lynch & Sabol collect...are...enough for policy-minded researchers to advocate for different solutions to address criminal offenders," (p. 300).
When you consider your sentencing decision in State v. Jones, consider that the current trend in heavy sentencing may not yield the intended results. Reducing crime rates…
Crime affects more than the victim and perpetrator; crime leaves a wake of devastating effects that include the breakdown of community social structures. Often, these social structures are essential in preventing crime in the first place (Crutchfield 2004; Lynch & Sabol 2004; Piehl 2004). Three strikes laws and other measures designed to "get tough on crime" have in many cases reduced crime rate; they have subsequently increased the number of incarcerations in local communities. The costs of incarceration may extend far beyond prisoner and prison facility maintenance. When we begin to reap the seeds we sow now by placing more persons in prison, we may discover other unforeseen costs including increases in social service expenditures by families and communities and potential increases in crime rates down the road (Crutchfield 2004).
Lynch & Sabol (2004) note that the future effects of the "three strikes" laws are unknown, given the lack of longitudinal studies available. However, as more scholastic evidence is compiled we may begin to realize that getting tough on crime is backfiring. Meares (2004) states, "the tentative results that Lynch & Sabol collect...are...enough for policy-minded researchers to advocate for different solutions to address criminal offenders," (p. 300).
When you consider your sentencing decision in State v. Jones, consider that the current trend in heavy sentencing may not yield the intended results. Reducing crime rates involves a complex network of factors that must include alternative means such as strengthening community social structures and other means of informal social control.
Miranda Rule -- Prohibits the introduction of any testimonial evidence elicited from criminal suspects while under arrest or in police custody unless police first advise them of their constitutional rights to remain silent, refuse to answer questions, and to be represented by an attorney before beginning any custodial interrogation. I have heard this term used frequently in television crime programs.
Prosecutor -- Is an attorney employed by the state whose responsibility it is to file criminal charges against individuals arrested by police and charge with crimes; typically, prosecutors represent the state at the criminal trial. The context in which I am most familiar with prosecutors is in their portrayal in television programs about criminal justice and news reports about criminal trials.
Pretrial Release Program -- Is a system of releasing criminal defendants from custody until their trials to reduce jail overcrowding; in principle, bond is one form of…
mandatory minimums a drop crime additional problems; based information readings personal research, attributed reduction crime? Do agree findings mandatory minimums ineffectual? How -strike laws? Page 2 Research locate a news article op-ed addresses issue relevant unit.
Society has seen an increasing number of states implementing mandatory minimums as a means to deter criminals. Mandatory minimums involve judges having to impose sentences that are in accordance with a particular law and thus provide criminals with no less than a specific amount of time behind bars as long as the criminal meets certain criteria. Mandatory minimums have been designed to guarantee that the country achieves a series of goals with regard to common crimes such as drug trafficking. Even with the fact that they appear to be effective in theory, information shows that mandatory minimums are not actually playing a positive role in assisting the community.
One of the reasons why crime…
Horwitz, S. "Holder seeks to avert mandatory minimum sentences for some low-level drug offenders," Retrieved September 21, 2013, from http://articles.washingtonpost.com/2013-08-11/world/41299597_1_drug-policy-low-level-drug-offenders-sentences
Merica, D. & Perez, E. "Eric Holder seeks to cut mandatory minimum drug sentences," Retrieved September 21, 2013, from http://edition.cnn.com/2013/08/12/politics/holder-mandatory-minimums/index.html
"The Myth of Deterrence," Retrieved September 21, 2013, from http://www.nytimes.com/2012/04/28/opinion/the-myth-of-deterrence.html?_r=0
Capital punishment, however, does reflect the retributive perspective and is the most obvious modern manifestation of Hammurabi's code. Even so, the moral righteousness of capital punishment is questionable for several reasons. First, capital punishment is illogical and hypocritical. If killing another human being is wrong, and if the state kills human beings, then the state is committing a wrongful act. Second, capital punishment can be considered cruel and unusual. Third, capital punishment precludes the state from promoting positive moral values in favor of a perceived increase in public safety. Whether public safety is increased by the use of capital punishment is also questionable. For the most part, capital punishment is used "solely for symbolic purposes," (Turow, cited by Stern, 2003). Capital punishment is the epitome of revenge-based, retributive justice. It would seem that even if revenge were morally just, that the state would have no justifiable role in exacting revenge.…
Primorac, I. (nd). Is Retributivism Analytic? The Royal Institute of Philosophy. Retrieved June 17, 2007 at http://www.royalinstitutephilosophy.org/articles/article.php?id=20
Stern, S. (2003). Discussing the morality of capital punishment. Christian Science Monitor. 12 Nov 2003. Retrieved June 17, 2007 at http://www.csmonitor.com/2003/1112/p16s01-usju.html
Townsend, C. (2005). The morality of punishment. Cambridge Papers. 31 May 2005. Retrieved June 17, 2007 at http://www.leaderu.com/humanities/moralityofpunishment.html
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.
prison overcrowding and its effect on the criminal justice system. Prison overcrowding has skyrocketed in the United States in the last three decades, leading to a multitude of problems in the criminal justice system. Overcrowding costs taxpayers money, it leads to dysfunction within the penal population, and it creates dangers for prison staff. It is a result of many items in society and the criminal justice system, and it must change if America's prisons are to remain effective and viable.
Many people may not be aware just how much the prison population has grown in the last thirty years. One researcher notes, "From 300,000 prisoners in 1977, the prison population has risen steadily to over 1.5 million as of June 30, 2005, a 400% increase" (Pfaff, 2008). The two largest states housing prisoners, California and Texas, have seen stupendous growth in their prison populations, but not in their funding. Another…
Haney, C. (2006). Prison overcrowding: Harmful consequences and dysfunctional reactions. Retrieved 31 July 2009 from the Commission on Safety and Abuse in America's Prisons Web site: http://www.prisoncommission.org/statements/haney_craig.pdf . 1-17.
Jacobs, J.B. (2007). Finding alternatives to the carceral state. Social Research, 74(2), 695+.
Moore, S. (2009). The prison overcrowding fix. Retrieved 31 July 2009 from the New York Times Web site: http://www.nytimes.com/2009/02/11/us/11prisons.html .
Pfaff, J.F. (2008). The empirics of prison growth: A critical review and path forward. Journal of Criminal Law and Criminology, 98(2), 547+
Inability of Analogous Copyright Laws to Work Well in the Classroom and Society of the Digital Age
Traditional copyright protection laws have for sometime now been unable to give complete protection to the rights of those who 'own' various types of media, ranging from books and articles to photographs and music. In the opinion of some, this change has mostly been as a result of the absence of strict laws needed to improve such rights. As a consequence, a key matter of interest emerges from "Overwrought copyright: The inability of Analogous copyright laws to work well in the classroom and society of the Digital Age" One hugely unexamined area that is a central and important question, is the role the doctrine of 'first sale law' will play in the future of digital copyright laws. The requirement that those who hold copyright transfer the control power of many applications of a…
Baldwin, P. (2014). Copyright and Authors' Rights In The Nineteenth Century. The Copyright, 14.
Burleson, K. (2014). Learning from Copyright's Failure to Build its Future. Indiana Law Journal, 89(3), 1301-1325.
Dicola, P. (2013). Copyright Equality: Free Speech, Efficiency, and Regulatory Parity In Distribution. Boston University Law Review, 93, 1838-1872.
McGrail, J.P. & McGrail, E. (2010). Overwrought copyright: Why copyright law from the analog age does not work in the digital age's society and classroom. Education and Information Technologies, 15(2), 69-85.
Medical Death Investigative Systems
Past and Present Systems
Death investigation of some sort has existed in all countries for centuries, but not always performed by medical professionals (Committee, 2003 as qtd in Moldovan, 2008). The link between law and medicine traces back to the ancient Egyptian culture in 3000 .C. This was followed by the English coroner system in around the 12th century. The 194 Articles of Eyre first used the term "coroner" by the English until brought by the first colonists to the New World, America as basis for a legal investigative function. A medical examiner replaced the coroner system in 1890 then functioning in altimore. A medical examiner is a trained medical specialist in pathology. The field of death investigation became more and more sophisticated in cities and States, like New York. The Office of the Medical Examiner was established in 1918. Its main…
National Academy of Sciences (2003). Medico-legal death investigation system workshop. Committee for the Workshop on the Medico-legal Death Investigation
System. Institute of Medicine: National Academy of Sciences Press. Retrieved on October 12, 2010 from http://books.nap.edu/openbook.php?record_id=10792&page=12
Moldovan, E (2008). The medico-legal death investigator. ProQuest: ProQuest LLC.
Retrieved on October 12, 2010 from http://www.csa.com/discoveryguides/medicalegal/review.php
The stigmatization of African-Americans has caused terrible harm in many areas, and only exacerbates the perceived "problem."
T]hirty years of forced removal to prison of 150,000 young males from particular communities of New York represents collective losses similar in scale to the losses due to epidemics, wars, and terrorist attacks -- with the potential for comparable effects on the survivors and the social structure of their families and communities. (oberts, 2004)
By destroying African-American communities and social networks on a massive scale, law enforcement officials are contributing to the very problems they purport to be fighting.
The mass imprisonment of African-Americans further spreads and entrenches the notion that African-Americans are somehow incapable of conforming to the larger society's rules and regulations. The more common the prison experience becomes in African-American life, the more normative it becomes in both African-American and majority White culture. oberts underlines the terrible effects of this…
Coker, D. (2003). Foreword: Addressing the Real World of Racial Injustice in the Criminal Justice System. Journal of Criminal Law and Criminology, 93(4), 827+.
Harcourt, B.E. (2003). From the Ne'er-Do-Well to the Criminal History Category: The Refinement of the Actuarial Model in Criminal Law. Law and Contemporary Problems, 66(3), 99+.
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)…
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.
They must also determine what types of delinquent behavior and youth violence are causing the greatest concern in the community. (Medaris, 1996, para.# 5)
As can be seen from the above statement of the first step in implementing the SHOCAP program in any community, first look at statistics on juvenile crime and second ask the community what it is most afraid of with regard to juvenile crime. This intention seriously contradicts the intention of the juvenile justice system to demonstrate focus on individual cases of each juvenile offender and give it adequate time for understanding of all mitigating circumstances, rather than seeking to understand outside fear of crime. Many factors contribute to public opinion of crime and not all of those factors are realistically and truly connected to real crime occurrences and/or statistics. The "mitigating" factors of public crime fear are in dire need of reevaluation, starting with unrealistic and…
Cothern, L. (November 2000) "Juveniles and the Death Penalty," Office of Juvenile Justice and Delinquency Prevention (OJJDP) Coordinating Council on Juvenile Justice and Delinquency Prevention. Accessed July, 10, 2008
Medaris, M (August 1996) "Serious Habitual Offender Comprehensive Action Program. (SHOCAP)" Office of Juvenile Justice and Delinquency Prevention (OJJDP) Factsheet Accessed July, 10, 2008, http://www.ncjrs.gov/txtfiles/shocap.txt
Many of the busts in the ghetto are drug-related, and Hilfiker notes that our society punishes petty drug offences far more severely than crimes committed by people who are wealthy. Meantime, the mandatory minimum sentence takes away the possibility of any plea bargaining; it takes away the judge's previous alternative of giving probation for a petty crime and hands the power to the prosecutor, who runs for office on a "law and order" theme.
"Deserving" poor vs. "Undeserving" poor:
It has been customary in America for society to attempt to separate the "undeserving" poor from the "deserving" poor. The deserving poor are those who have supposedly found themselves down on their luck through no fault of their own; while the undeserving are reportedly "lazy" and likely on some government assistance program (Hilfiker, pp. 69-71). As a token offer of help to the very poor the government makes "TANF" benefits available…
Hilfiker, David. (2002). Urban Injustice: How Ghettos Happen. New York: Seven Stories Press.
Parenting plays a finite role in shaping the criminality of children, since parents are their first teachers and can help them distinguish between right and wrong. However, their influence is limited by the fact that people are individuals and do what they want.
There should be mandatory classes for parenting that provide simple overviews on the subject so that people have some sort of objective means upon which to base their parenting. Parenting is a difficult job; most people could use help with it.
The scholarly literature says that differences between these three classes of adolescents exist because money is a determining factor in society, and can provide the basis for a host of other social factors relevant to teenagers and delinquency.
These differences can be reduced by ensuring that representatives from these groups interact with one another regularly in neutral circumstances that do not favor or disfavor any of…
Maryland Prison System
Crime is expensive. But so too is punishment. The state of Maryland, like the majority of states across the nation at the moment, is facing a period of slow economic growth and shrinking economic resources even as it continues to have to meet the needs of its citizens. This paper examines the effect on the state's overall budget of the cost of incarcerating prisoners.
The treatment of prisoners causes few legal problems for the government of a dictatorship. A government that refuses to acknowledge the human rights of even its law-abiding citizens is not likely to show too many qualms about shoving its criminals into overcrowded and unsafe prisons - or even to worry about whether the niceties of due process were considered in getting the person to prison to begin with. But the rule of constitutional law changes all that. Because we live in a country…
Feely, M. And Edward, R. (1998). Judicial policy making and the modern state: How courts reformed. Cambridge: Cambridge University.
Hafetz, J. (1995). Tough justice. New York Empire State Report. http://22.214.171.124/search?q=cache:5haT4coRUqgJ:www.mdgreens.org/montgomery/pdf/schoolsnotprisons.pdf+maryland+state+budget+prison&hl=en&ie=UTF-8
Criminal Justice System
Australian Criminal Justice System
"When all is said and done, the current criminal justice system is about as fair and effective as we can reasonably expect"
Overview of the Criminal Justice System: Fair and Effective - Penal Populism
The Democracy at Work thesis proposes that politicians have been properly responsive to public concern about crime by putting into place the more robust responses to offending which people want. An alternative perspective is that politicians have been populist in advocating these tougher policies. "Penal populism"; a term equivalent to Bottoms's (1995) "populist punitiveness"; is defined here as a punishment policy developed primarily for its anticipated popularity. Penal policy is particularly susceptible to populism, because there is a great deal of public concern about crime, and low levels of public knowledge about sentencing practice, sentencing effectiveness, and sentencing equity. This combination of concern and lack of knowledge can present…
Bottoms, A.E. (1995). The philosophy and politics of punishment and sentencing. In C. Clarkson and R. Morgan, eds., The politics of sentencing reform. Oxford: Clarendon Press.
Hogg, R., and D. Brown (1998). Rethinking law and order. Sydney: Pluto Press.
Toby, J. (1957). Social disorganization and stake in conformity: Complementary factors in the predatory behavior of hoodlums. Journal of Criminal Law, Criminology and Police Science 48: 12 -- 17.
Sallmann, P., and J. Willis (2003). Criminal justice in Australia. Melbourne: Oxford University Press.
In the American Disease: Origins of Narcotic Control, David Musto notes that throughout the twentieth century, America's drug wars have regularly scape-goated minority groups, like the Chinese with opium, marijuana among the Mexicans, and cocaine among the African-Americans (McCormick 2000).
The National Advisory Commission on Criminal Justice Standards and Goals reported in 1973 that "the prison, the reformatory and the jail have achieved only a shocking record a failure. There is overwhelming evidence that these institutions create crime rather than prevent it," yet during the next two decades both state and federal legislatures implemented increasingly stiffer penalties and mandatory minimums claiming that prisons were an effective tool for crime control, and longer prison terms would reduce crime by deterring or incapacitating criminals (McCormick 2000). However, at the end of this period, after the average prison sentence had tripled and the prison population at more than quadrupled, a National Academy of…
Demleitner, Nora V. (2005 October 01). Smart public policy: replacing imprisonment with targeted nonprison sentences and collateral sanctions. Stanford Law Review. Retrieved September 18, 2006 from HighBeam Research Library.
Dickenson, Rachel. (1996 February 01). The prison population bomb.
American Demographics. Retrieved September 18, 2006 from HighBeam Research Library.
Incarceration. (2005). The Sentencing Project. Retrieved September 18, 2006 at http://www.sentencingproject.org/issues_01.cfm
This essay discusses how the criminal justice system is an important part of the government, allowing for the prosecution, imprisonment, and rehabilitation of criminals. Apart from the court system and police, the criminal justice system has other components like criminal justice agencies that provide additional information for researchers to form studies and articles to help improve the criminal justice system as a whole. This Criminal Justice Essay will help students looking to understand what the system is and what components make up the system. By exploring the core of the criminal justice system, one can understand law and how the government carries out enforcement of the law within the country.
What is at the Core of the Criminal Justice System in the United States?
The Effects of the Criminal Justice System on Crime
Does the Criminal Justice System Need Change?
Selected Title: The Role of The American Criminal Justice…
Gould, judicial systems have to address the concerns about disparate treatment and its affect on sentencing outcomes (pg.1 paragraph 1).
In 1989 the National Consortium of Task Forces and Commissions of Racial and Ethnic Bias in the Courts (the Consortium) was established. Its primary goal was to encourage judicial authorities to investigate the treatment of minorities in the court. The Consortium was challenged to understand if disparate treatment existed and affected sentence outcomes.
According to the author, The Consortium not only wants to know if racial disparities exist, but want to know the reasoning behind the existence. The author goes further to say that imperative data should be assessed in order to reach a fair conclusion. The Consortium should obtain information on the litigants' background, characteristics of the case, type of representation and demographics of tier of fact.
The litigants' background should be assessed for things such as household income,…
Brewer, R., Heitzeag N. The rationalization of crime and punishment. Retrieved November 27,
2009 from www.wayne.edu/libraries
Bureau of Justice Statistics. The nation's prison population continues its slow growth up 1.9
percent last year. Retrieved November 27, 2009, from www.ojp.usdoj.gov/bjs
There is generally a concept that police respond only after a crime is committed. However, now police do have opportunities to be proactive. Today proactive policing has emerged as the key to a booming future in crime prevention and control. Now police uncompromisingly carries out required investigation and works with citizens and social service groups in order to contain crime-breeding conditions and decrease the rate of street crime.
Proactive/community policing stresses on clarification, forecast and avoidance of crime occurrence. This is done through the investigation of fundamental issues of offenses and chaos and through proactive problem solving for problems that are anticipated to culminate into criminal / anti-social activism, if not controlled at the initial stage.
Outline of the Paper
The article discusses police practices towards controlling crime. Its main emphasis is on analyzing proactive practices adopted in the police systems over the years, translating from the early…
Angell, J. Towards an Alternative to the Classic Police Organizational Arrangement: A Demographic Model. Criminology 8. 1971
Bennett, T. Evaluating Neighborhood Watch. Brookfield, VT: Gower Publishing, 1990.
Brodeur, Jean-Paul. High Policing and Low Policing: Remarks about the Policing of Political
Activities. Social Problems. 1983.
corrections models in the United States have changed significantly over the past several generations, from a rehabilitative toward a punitive paradigm. After World War Two, a strong sense of national security and prosperity prevailed in the United States, leading to a corrections system that was based more on rehabilitation than on punishment. During these idealistic times, criminals were believed to be "ill," and correctable via a treatment model ("History and Development of Corrections 1700-Present," n.d.). Trust in governmental institutions also helped politicians and the public alike agree that corrections should be built upon the theory that criminal behavior can be unlearned, or "corrected." The rehabilitation approach persisted well into the 1960s, as humanistic psychology informed corrections models. A humanistic worldview encouraged "deinstitutionalization" of corrections through the use of community-based services like halfway houses and probation ("History and Development of Corrections 1700-Present," n.d.). Sentencing policy during the middle of the 20th…
Christianson, S. (n.d.). Prisons: history. Retrieved online: http://law.jrank.org/pages/1786/Prisons-History.html
"History of American Corrections," (n.d.). In Corrections: A Text/Reader. Retrieved online: http://www.sagepub.com/upm-data/26034_1.pdf
"History and Development of Corrections 1700-Present," (n.d). Retrieved online: http://www.preceden.com/timelines/23091-history-and-development-of-corrections-1700-present
Mackenzie, D.L. (2001). Sentencing and corrections in the 21st century. Retrieved online: https://www.ncjrs.gov/pdffiles1/nij/189106-2.pdf
United States has waged a "War on Drugs." Within this endeavor the nation has passed and implanted some extremely tough laws regarding drugs, on a local, state and national level. The laws are meant to act as a deterrent for those who abuse drugs by way of sales, manufacturing and use. The laws send people to prisons for a long time as well as create probation and parole status for many who violate the laws.
The belief is that stricter laws will reduce the number of drug offenses and drug use in the United States. Those who draft and pass the legislation for tougher drug laws believe that the fear of jail and other punishments will deter people from drug use, manufacturing and sales. While this has been going on for the last few decades the nation has continued to wrestle with drug issues. It is unclear whether the tough…
Martin Kasindorf, Elders: Study Drug Legalization., Newsday, 12-08-1993, pp 17.
Holland's Drug Policies: The Lesson for Canada
economic impact of drug use in the United States might initially seem easy to measure. A legal trial is an expensive proceeding: police officers, prosecutors or public defenders, judges, stenographers, and bailiffs are employees of the state, and even if jurors are barely remunerated, defense attorneys are lavishly remunerated. To prosecute someone for dealing marijuana is an expensive undertaking, and to do so under a "three strikes" law, where the crime is suddenly elevated to a horrific felony with extreme penalties, is even more expensive. The greater expense comes with convictions: America has the largest imprisoned population in the world, with more people behind bars in this country than comprise the entire populations of other sovereign nations. Imprisonment is not a cheap proposition. We can then consider the further economic impact, legally and morally speaking, of drug use in the current extensive misuse of civil forfeiture laws. Ostensibly designed to…
149-150). When the inmate failed to deliver on the guards' demands, the guards then planted drugs in the inmate's bunk (p. 150). The inmate was subsequently prosecuted, and received an extended sentence (p. 150).
Often people will doubt these kinds of stories, because, after all, the inmates are already imprisoned for offenses like drugs, and often much worse kinds of crimes. This puts the inmates at risk of guards and other prison employees who might not embrace a high set of ethics or personal morals. Everyone wants to see crime punished, but when the crimes are being committed within the prison environment, people seem to be less concerned about them, even if they are crimes being committed by the guards or prison officials. People should, in fact, be very concerned about these kinds of crimes, because it is the prison officials and those employees, including guards, who are willing to…
Bowman, J.S. & Elliston, F.A. (Eds.). (1988). Ethics, Government, and Public Policy: A Reference Guide. New York: Greenwood Press. Retrieved April 16, 2009, from Questia database: http://www.questia.com/PM.qst?a=o&d=30400116
Cody, W.J., & Lynn, R.R. (1992). Honest Government: An Ethics Guide for Public Service. Westport, CT: Praeger. Retrieved April 16, 2009, from Questia database: http://www.questia.com/PM.qst?a=o&d=6854498
Coyle, A., Campbell, A., & Neufeld, R. (Eds.). (2003). Capitalist Punishment: Prison Privatization & Human Rights. Atlanta: Clarity Press. Retrieved April 16, 2009, from Questia database: http://www.questia.com/PM.qst?a=o&d=99960585
Dolovich, S. (2005). State Punishment and Private Prisons. Duke Law Journal, 55(3), 437+. Retrieved April 16, 2009, from Questia database: http://www.questia.com/PM.qst?a=o&d=5015707307
This substantiates the concept that simply building more correctional facilities will only exacerbate the problem, as it will probably fill up even faster than it can be completed.
Moses Wright (2007) notes that there is light at the end of the tunnel. An increasing number of critics and professionals are recognizing the possibilities of rehabilitation as opposed to imprisonment. Rehabilitation has a number of advantages. Most notably, it will discourage repeat offending and thus reduce the number of prisoners who return to prison after only a short time. In addition, rehabilitation programs will both help those participating and other prisoners for whom an example is provided to become worthy contributors to society. Furthermore, rehabilitation will also relieve society of those repeat offenders who are never apprehended and thus continue to have the opportunity to commit their crimes. It therefore appears that rehabilitation programs could be much more effective in reducing…
Davis, Matthews (2006, April 7). The World's Biggest Prison System. BBC News, Washington. http://news.bbc.co.uk/2/hi/americas/4858580.stm
Patel, Roopal & McMurray, Peter. The Prison Dilemma: America's Penal System Makes a Mockery of Democracy. Harvard. http://www.digitas.harvard.edu/~perspy/old/issues/2000/apr/prison.html
Wright, Moses. (2007). Criminal Rehabilitation: Working towards a better life for prisoners and their families. http://ezinearticles.com/?Criminal-Rehabilitation-Working-Towards-a-Better-Life-for-Inmates-and-Their-Families&id=455250
Introduction to the Characteristics and Extent of Alcohol, Tobacco or Other Drug Use.
Addiction means physical dependence on a drug, with withdrawal symptoms when its use ceases, and in this sense, alcohol, tobacco, marijuana, cocaine, heroin, hashish, opiates and amphetamines are all addictive drugs. In addition, these drugs also cause psychological dependency since they enhance a person's sense of pleasure, sociability, sexuality and emotional satisfaction, and also mask pain, low self-esteem and anxiety (Wilson and Kolander, 2011, p. 6). Student surveys are "likely to underreport the overall level of substance use and abuse by young people," and since black and Hispanic students have higher dropout and absenteeism rates, this affects survey results as well (Mosher and Akins, 2007, p. 136). Hard drug users and addicts are also more likely to be homeless, which means that their true numbers are always unknown.
All studies and surveys confirm that marijuana…
Goldberg, R. (2010). Drugs across the Spectrum, 6th Edition. Wadsworth Cengage Learning.
Maisto, S.A. et al. (eds). (2010). Drug Use and Abuse, 6th Edition. Wadsworth Cengage Learning.
Mosher, C.M. And S. Akins. (2007). Drugs and Drug Policy: The Control of Consciousness Alteration. Sage Publications.
Wilson, R. And C.A. Kolander. (2011). Drug Abuse Prevention: A School and Community Partnership. Jones and Bartlett Publishers.
The federal government along with several states introduced mandatory sentencing and life terms for habitual criminals often called three strikes laws, meaning that after three convictions you're out. They also restricted the use of probation, parole, and time off for good behavior (Prevention History of Corrections -- Punishment or ehabilitation - Justice Model, 2010).
The rapid increase in the 1990s in the number of people confined in prisons and jails was thought to correspond with falling crime rates. Experts though could not agree as to why this decrease in crime occurred. Some thought that imprisoning more criminals naturally led to less crime in society, while others believed that new policing strategies and tactics such as community policing and zero-tolerance reduced crime. The growing number of offenders on parole and in prisons and jails has put a real burden on the system. Facilities have become overcrowded and states have had problems…
Alighieri, Dante. (2009). Institutional Corrections. Retrieved January 31, 2010, from Web site:
Corrections. (2010). Retrieved January 31, 2010, from Bureau of Justice Statistics Web site:
Tort / Business Law Questions
Chapter 24 Product Liability: Warranties and Torts
The issue in this case is whether or not Maria Gonzalez and/on behalf of Angel would recover in a lawsuit against either Morflow or Robertshaw, alleging defects in the design of the water heater and failure to warn. The law of strict liability states that one who sells any product in a defective condition unreasonably dangerous to the user or consumer is subject to liability for physical harm caused to the user if the seller is engaged in the business of selling such a product and it is expected to or does reach the customer without substantial change in the condition in which it was sold. Failure to warn or give adequate directions involving an unreasonably dangerous product may provide grounds for strict liability, even where the product is not defective. In this case, both Morflow and Robertshaw…
People v. Goetz (1986)
1. Give an overview of the case.
The controversial People v. Goetz (1986) involves the Defendant, Bernhard Goetz (Defendant) who shot and injured four young black men on a subway train in the Bronx. Four black youths, Troy Canty, Darryl Cabey, James Ramseur and Barry Allen were riding the subway train; two of the youths had screwdrivers hidden on their person, later admitting the intention of using these screwdrivers to unscrew the coin boxes attached to arcade games. The defendant was also riding the train and had an unlicensed .38 caliber pistol, a gun he had procured in 1981. Canty approached Goetz with possibly one of the other young men beside him, and said, “Give me five dollars”: there was no use of force nor was their a display of a weapon. The Defendant answered by standing and releasing four shots from his unlicensed gun, the…
This provision is based on the rationale that general damages do not represent financial loss to the injured person. A number of changes have also been made to the law in respect to assessment of damages for past and future economic loss.
4. The maximum amount of damages for economic loss due to loss of earnings or the deprivation or impairment of earning capacity is fixed at a rate of three times the average weekly earnings in New South Wales for the most recent quarter occurring before the date of the award.
5. Future economic loss predictions, for the purpose of making an award, must be based on assumptions that accord with the claimant's most likely future circumstances but for the injury. If the court makes an award for future economic loss, it must adjust the amount determined by reference to the percentage possibility that, but for the injury, certain…
Amponsah, P.N. 2004. Libel Law, Political Criticism, and Defamation of Public Figures: The
United States, Europe, and Australia. New York: LFB Scholarly Publishing.
Bailey, R.J. 1976. "Trespass negligence and Venning v Chin." The Adelaide Law Review, vol. 5,
no. 4, pp. 402-427.
Images in "Strike"
A Marxist engineer and architect by formal training, Sergei Eisenstein used his training to create the "montage." Though Eisenstein's work suffers some criticism for its use of bludgeons to convey blunt propaganda, his seminal work is deemed the basis for montages in the work of such eminent directors as Hitchcock, De Palma and Coppola. Arousing strong emotional impact from the juxtaposition of seemingly unrelated images, multiple effective montages are evident in Eisenstein's first film, Strike.
Sergei Eisenstein (1898 -- 1948) was one of the most famous filmmakers of the early 20th Century (Archive Media Project, LP). His formal training as an engineer and architect in St. Petersburg greatly influenced his eventual career in filmmaking. In addition, his Marxist ideology and his Russian heritage highly influenced his work. Eisenstein experimented with several cinematic devices and due to his contributions, was embraced by the ritish Film Institute as one…
Anonymous. "Sergei Eisenstein." n.d. isites.harvard.edu Web site. Web. 31 October 2012.
Archive Media Project, LP. Russian Archives Online > Gallery > Eisenstein. 2008. Web. 31 October 2012.
Shaw, Dan. Sergei Eisenstein. 2012. Web. 31 October 2012.
Strike. Dir. Sergei M. Eisenstein. Perf. Grigori Aleksandrov and Maksim Shtraukh. 1925. DVD.
Labor and Employment Law
Situation A -- The Family Medical Leave Act of 1993 or FMLA was enacted to help employees balance family and work requirements (WHD, 2013). It aims at protecting and helping those with family or personal health problems. The rise in single-parent households and women employees often leads them to compromise work for family or vice versa. The law intends to strike a balance between. If an employer is connected to FMLA, an employee who has worked for one year or 1,250 hours in the preceding year is entitled to 12 weeks of unpaid leave within the 12-month period. The employer is qualified to offer FMLA if it has 50 or more employees. Employee A and his employer are, thus, qualified (WHD).
The qualified employer is obliged by law to grant FMLA leave when the qualified employee requests it with a qualified reason (WHD, 2013).…
EEOC (2013). The Americans with Disabilities Act of 1990. The U.S. Equal Employment
Opportunities Commission. Retrieved on September 25, 2013 from http://www.eeoc.gov/eeoc/history/35th/1990s/ada.html
SHRM (2013). Age Discrimination in Employment Act of 1967. Society for Human
Resource Management. Retrieved on September 25, 2013 from http://www.shrm.org/LegalIssues/FederalResources/Federalstatutes/RegulationsandGuidanc/Pages/AgeDiscriminationEmploymentActof1967.aspx
One example is when Teamsters president Ron Carey, during the UPS strike, was scheduled to stand for reelection against James P. Hoffa (Baird pp). Shortly before the UPS strike, questions were being raised by government officials regarding alleged illicit campaign donations to Carey's campaign in exchange for Teamster donations in the congressional and presidential elections of 1996 (Baird pp). Many believe that the strike diverted attention from Carey's legal problems and helped to solidify the political support and create the illusion that he was securing significant gains for the rank-and-file (Baird pp). Union officials routinely claim that the strike-threat system makes unionized workers much better off than nonunion workers, however the data from EPF disputes such claims (Baird pp).
Yet labor strikes have played an important role in the economic, political and social life throughout its history (Labor pp). From strikes by shoemakers, printers, bakers, and other artisans in the…
Baird, Charles W. "Who Wins in Strikes?
Thousands of Hotel Workers Poised to Strike for Health Care. http://www.aflcio.org/aboutunions/ns09172004.cfm