Sentencing guidelines in the United States are complex and varied, depending on the type of crime that the individual committed. Usually, sentencing guidelines are concerned with felonies and more serious misdemeanors (“2010 Federal Sentencing Guidelines Manual,” 2010). Usually sentencing guidelines are given when the individual who has committed a crime has been convicted of a Class A misdemeanor or higher-- that is, they have committed the highest possible class of misdemeanor, or they have committed a felony. When an individual commits a crime that carries more than one year of jail time as a mandatory sentence, they have committed a felony (“2010 Federal Sentencing Guidelines ...
Sentencing Research Papers Samples For Students
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Source: Law Office of Shawn M. George
<http://www.smgapc.com/practice-areas/california-three-strikes-law/
Every generation in the United States has seen new tactics designed to continue the oppression of racial minorities, abjuring the rights the Founding Fathers deemed necessary and irrevocable for all people in the nation. Many African Americans were denied their right to participate in the growth of the new nation. Centuries later, the United States is still far from being called a true “egalitarian society.” Racial segregation and bigotry have been evinced in a number of forms; over the years, these forms have changed and evolved but the ...
Inductive Thematic Analysis
Introduction
Drug crimes are increasingly becoming a major concern on both local and global fronts. Current research (Braun and Clarke, 2012) suggests that the thematic analysis of important data sources such as sentencing remarks would facilitate the efficacy of available strategies in these crimes. The purpose of this assignment is to analyse the themes that comprise the societal understanding of the occurrence and penalties of drug-related crime. The researcher uses information from seven courtroom sentencing remarks from Adelaide, Southern Australia. This inductive thematic analysis identifies overarching themes that are evident across all seven documents. The themes include “gender and ...
The Fair Sentencing Act
On August 3, 2010, President Barack Obama signed into law the Fair Sentencing Act of 2010, for the first time in the History of the U.S (Grindle, 2010). This law was a response to the then claims of racial biases of the law in convicting drug dealers. This Act established new quantity thresholds, which were meant to trigger statutory mandatory minimum and maximum penalties for offenses related to cocaine. By so doing, this law amended the Controlled Substance Act and the controlled import and export of substance. This new law saw to it that the quantities of cocaine that ...
- Racial discrimination in sentencing, incarceration and policing of black as opposed to white
Criminal Justice Policies and Black Incarceration
- Influence of criminal justice policies in incarceration patterns
- Drug policy and incarceration pattern of the black as opposed to white
- Influence of social inequality on rate of criminality
Policing, Arrest and Conviction Patterns
- Policing, arrest, and conviction patterns of black, white, and Hispanic tend to differ in various states
- Criminal penalties for crack and powder cocaine offenses indicates the disproportional effects criminal justice system on black and Latino
IV) Conclusion
- The mass incarceration of black as opposed to other ...
Mandatory minimum sentencing laws are inflexible sentence that courts are forced to hand on a convicted individual. These laws do not factor in culpability and other mitigating elements surrounding the crime committed (Bjerk, 2005). These laws vary from jurisdiction to jurisdiction. These laws apply mainly in common law jurisdictions as in civil law each crime is prescribed minimum and maximum sentences (Gilpin, 2011). In scenarios where the mandatory minimum sentencing laws prevail, judges have only the core duty to determine whether an individual is guilty or innocent.
The laws were formerly introduced in two countries, the United States, and ...
Afilliation:
There are three major considerations in discussing comparatively the difference between prisons and alternative sentencing which are the psychological and mental stress undergone by the individual, the philosophy and innate goal of prison and alternative sentencing and lastly the financial and human resource of the place.
A correctional facility can be, in principle, a description for both prison and alternative sentencing. A prison is traditionally a special building or structure built in order to isolate an individual from society and pave way to the reckoning of his/her mistakes. More than the isolation itself, a certain environment causes the individuals ...
Introduction
As we all well know, the jails are becoming more and more crowded with each passing month, and it has gotten to the point where putting a criminal in jail is not an option anymore. Ultimately, judges as well as other officials are aware of the limited capacity of the jails not just in their jurisdiction, but in others outside of their own as well. Some criminals or even first time offenders feel relieved at the fact that they can get away with murder, and no one can stop them. If they are stopped then they are instead let go, ...
Until the 1980’s, federal courts utilized a sentencing system known as “indeterminate”, meaning that trial judges were able to sentence offenders using their own discretion. However, according to “Sentencing” (n.d.), an article on the Legal Information Institute website, research showed that under this sentencing system criminals were given widely disparate sentences for essentially similar crimes, according to the whim of individual judges. As a result, in 1984 the Comprehensive Crime Control Act of 1984 was passed by Congress. That legislation included the Sentencing Reform Act (SRA). To create a more uniform sentencing system, the SRA created a new agency of the Judicial ...
Abstract
The main purpose of this paper was to argue for the use of intermediate sanctions compared to prison sentences. The paper highlighted the potential benefits of using intermediate sanctions as a replacement for prison sentencing. It was established that intermediate sanctions are cost effective, ensure offender rehabilitation, reinforces public safety and serves to address the problems associated with the prison sentencing such as overcrowding and recidivism rates. The paper also discussed the nine types of intermediate sanctions used in the United States including Intensive Supervision Programs, Fines, Community Service, Day Reporting Centers, Remote location monitoring, Residential Community Centers, Boot Camp ...
The processes involved while handling felony criminals is a safe guard against the criminals, and the processes also helps with willful treatment of the suspected criminals. The processes are specifically designed to impose the constitutional rights of the suspected criminals and the defendants. The process starts from the police contact with the suspected criminal, arrest of the suspected criminal, investigating the crime, trial of the suspected criminal, sentencing and finally the appeal. The major constitutional provisions that regard the criminal procedures are found in the fourth, fifth, sixth and eighth amendment of United States’ constitution (Scheb & Scheb, 2013).
The ...
Criminal justice research project
Overview
The respect and application of the rule of law is the integral function of the criminal justice system. Criminal justice system can be termed as collective institutions of implementing justice through upholding the constitution. Such institutions aid in mitigating and preventing crime, in the line of maintaining integrity, transparency and coexistence of the society. What is more, criminal justice institutions incorporate powerful structures, which propagate quality implementation of criminal justice. Similarly, criminal justice system is a process that entails arresting, investigating, prosecuting and imprisonment of criminals who violate the rule of law. AS a result, criminal justice system can ...
In the case of Oregon v. Guzek, the Supreme Court of the United States ruled that the eighth amendment to the U.S constitution does not warrant the accused in a criminal trial the right to present evidence during the verdict stage that had not been presented in the trial stage (Americabar.org). The ruling had the impact of extending the jurisprudence to individual state courts that had prior to the ruling been allowed to make an individual determination concerning the introduction of mitigating evidence during the sentencing stage (Knowmyrights.org). The ruling of the case had implications not only for the ...
Split sentencing is a practice that is not strange to the court system of America and the world over. A split sentence is where a convicted felon spends half of his time behind bars in prison, and the other half of his sentence outside prison on probation. However, the probation duration cannot exceed a total of five years. The inmate who is eligible for split sentencing varies from state to state in the US.Using Alabama as an example, a convicted sexual offender whose victim was a minor can never be granted a split sentence. A jail bird whose sentence is more than 20 years is ...
The factor to be discussed in this review is the length of the sentence and the rehabilitation effects in prisons. The longer lengths of stay complicate the rehabilitation of prisoners in several ways, the first being with overcrowded prisons. First of all the longer sentences do not work as a specific deterrent to crime and cause the overcrowding in prisons that result in fewer rehabilitation programs per inmate Studies have found that the long sentences are not a deterrent after all.
Secondly, overcrowded and prisons, in general, are crime teaching institutions. Criminals with less of a background can increase ...
INTRODUCTION
Every company in the US needs to design its codes of conduct in the consideration of Federal Sentencing Guidelines for Organizations (FSGO). It provides an ethical environment to the organization which drives the behavior of employees at the workplace. The report provides an overview of the code of conduct of Quick store. Quick store is a merchandising company and has its retail stores in many states of US. The codes of conduct of three different stores will be discussed to design the code of conduct for Quick store. The factors that can influence the code of conduct of the company ...
The most publicized and sensational violent crimes that have been committed recently, such as the attack on the children of Newtown, Connecticut and the shootings at the Batman movie screening in Aurora, Colorado, have been committed by persons who appear to be mentally ill and perhaps additionally suffering from drug addition. The significant overlap between mental illness, drug addiction, and violence is well documented and thus the criminal justice system has put resources behind trying to solve this problem with programs such as drug and mental health courts (Rossman, 2012). In contrast, persons with mental retardation, also known by ...
Short and Long-Term Policies: Prisoner Overcrowding 3
Prison Overcrowding Reduction Policy Stakeholders 4
Prison Overcrowding Reduction: Short-Term Goals and Solutions 5
Prison Overcrowding Reduction: Long-Term Goals and Solutions 8
Creation of Jail Capacity Management Boards and Oversight Committees .8
Alternatives to Incarceration .9
Private For-Profit Prisons 11
Conclusion 12
References .13
Short and Long-Term Policies:Prisoner Overcrowding
Overcrowding in jails and prisons is a complex problem that is difficult but imperative for the nation to solve. The United States has the highest rate of incarceration in the world; while countries similar to the U.S. have an average rate of 100 prisoners per 100, ...
Criminal Law
Introduction
The term community corrections refers to the supervision and management of offenders within a community settings. It serves a pivotal role in ascertaining the safety and peace and order in the community. The discussion highlights the manner in which the community addresses factors such as arraignment, parole and probation, community and drug courts, pretrial release, sentencing alternatives and treatment, and community service as a sentencing function. Furthermore, the City of Fayetteville in North Carolina was chosen as the subject of the discussion in which the aforementioned factors in community corrections was examined.
Community Overview
The City of Fayetteville is located ...
The moniker 'Three strikes law' aka “Three Strikes and You’re Out” refers to the statutes that make imposition of harsher sentences mandatory on repeated offenders of serious or violent felonies. This law grants life sentences without any possibility of parole for minimum 25 years on the third strike of offense. The crimes listed under 'violent' include murder, rape, kidnapping, aggravated robbery, sexual abuse and violent physical assault. Under this statute, a criminal who has been convicted of serious crimes in two prior charges might receive a maximum sentencing on the third felony even if that is a minor felony such as ...
Criminal Justice: Women in Prison
In this paperwork, I am going to discuss issues in the incarceration of women such as mental illness, pregnancy, substance use, separation of family, as well as the environment.
When the term Prisons is mentioned, we automatically switch our mind to young men, since approximately ninety percent of inmates are male, according to the Federal Bureau of Prisons. It is important to note that the proportion of imprisoned women is small, but this proportion consists of hundreds of thousand women, at present, living behind bars in the United States. Currently, the number of women wedged in the criminal justice ...
Clayton Lockett was a 38-year-old murderer of a 19-year-old girl whom he shot twice and then buried while she was still alive (Connor, 2015). Following his conviction, he was sentenced to death in Oklahoma by lethal injection. Fifteen years later in April 2014, his execution was botched when inadequate drugs, an inability to find an adequate vein for instillation, and inappropriate administration into muscle tissue resulted in an agonizing and prolonged death. The public’s response to the news releases ignited again the debate over the use of the death penalty for punishment of the worst offenders in society.
...
Abstract
The Age Graded Theory explain why people with propensity to commit crimes at early stages of their lives desist from offending later on in life while others do not. It was was advanced by Robert J Sampson and John H Laub in 1993. This paper critically analyses the Age Graded Theory. It looks into its historical background, the strengths and flaws associated with it with a view of establishing why its proponents thought that desistance could best be explained by the theory. To this end, it explores the three-fold limbs of the theory. Besides, it examines how its salient ...
Introduction
In the following project I have researched and summarized the main provisions of the statutes as they relate to the questions of arraignment, state sentencing issues and sentencing alternatives in the state of Virginia. Another part of this research covers the issues of practical application of these statutory provisions in the everyday work of courts and correctional institutions.
In the Lesson 1, I have researched the initial procedure of arraignment in the light of its practical application during the work of the court.
In the Lesson 2, I have summarized the statutory provisions which regulate the issues of probation, parole and sentencing alternatives.
In the Lesson 3, I have briefly outlined the community correctional programs and how the ...
Introduction
I remain fascinated with the idea of when the first recorded law of capital punishment exists in history and why some Western countries still impose this legal answer to the evil people do unto one another in the 21st century. This academic investigation provides an excellent opportunity for pursuing and answering my inquiry of the first recorded historical documentation of capital punishment as a legal finding for a person found guilty of a crime and exploring the arguments why, in particular the United States – a great Western democracy continues imposing this form of punishment in some of the 50 states.
Source
Randa-King authors and ...
Juvenile Delinquency Research Proposal
Juvenile delinquency refers to a crime perpetrated by a minor who has not yet reached maturity. Since it has been seen in many scientific studies that a person doesn't attain full maturity until he reaches 18 years of age, juvenile offenders are treated differently than adults by the court of justice. In US there is a separate justice system for juveniles to deal with juvenile offenders. Based on the principle of "parens patriae", juvenile courts function like a guardian or parent by taking decisions in favor of the wellbeing of the children. However, despite separate justice system for juveniles, USA prosecutes juvenile offenders, guilty ...
The probation process is usually carried out to those individual offenders whose crimes do not amount to full trial. There are some conditions that are supposed to be met by the individual law offender such as refraining from drugs and even some groups of people. Failure to observe the required rules may end up someone in jail after their probation sentence is revoked. The probation sentence is usually imposed by a criminal law court whereby the individual offender is allowed to stay in their community but under special scrutiny of an appointed officer.
Considerations in Appointing a Probation Officer
There are various parameters that should be ...
Exposure to Racial Discrimination in Criminal Justice System
The criminal justice system of the United States comprises several challenges and flaws, while the issue with the spread of the racial disparity poses the most significant problem to the welfare of the citizens of the country. This problem is not new to the criminal justice system as it has roots in the XX century with the consideration of the cases of African Americans in trial. In the beginning of this period of time, African Americans amounted to 10% of the entire population of the United States, while the amount of the sentenced prisoners may be regarded as relatively ...
[Class Title]
Introduction
Established by the Greek statesman, Solon, sometime in the 600 B.C., voting has always been a key feature of democracy. The international community regards it as the most basic human right, which should be protected and guaranteed to all citizens of a country as stipulated by internal human rights laws. A government by the people must have the participation of the people, which is realized through suffrage. Today, voting rights are already universally practiced, yet there are certain circumstances wherein such right is taken away by the state. In the United States, a person will lose ...
INTRODUCTION
The American criminal justice system is a very complex entity that most people hope to have little interaction with. Most people will tell you that it can also be incredibly confusing. People become most invested in court proceedings when they are high profile cases that garner a great deal of media attention; some that many are familiar with include Amy Fisher, Casey Anthony and, certainly, the O.J. Simpson trial. Another case that became the center of media attention is the trial of Jodi Arias. Jodi Arias is a 32-year-old woman who is currently serving a life sentence, without the ...
Introduction
Freddie Pitts was a man that is the perfect example of how a person can plead guilty and be sentenced to prison for a crime that they did not commit. In 1963 two people were murdered while working at a gas station. Police suspected Freddie and his friend of the murder and stopped at nothing to get a confession. There was no evidence left behind when the gas station employees were murdered but the police officers investigating the case set their sights on two suspects and found there confession at the end of brutal tactics. The prosecution that continued ...
No legal topic remains as controversial as the death penalty. The continued use of the death penalty divides the nation on some of the most fundamental moral and political debates. While the death penalty is a form of punishment that has been around since he dawn of time, many people question whether the use of the death penalty is compatible with modern society. The death penalty also raises some interesting constitutional concerns. There is widespread belief that the death penalty is not administered in a fair and impartial manner, which would mean that some groups of people are disproportionately ...
Statistics from the American department of justice reveal massive disparities in the numbers of incarcerated people among the Hispanic, African Americans and the whites (Caucasians). Going by statistics, a considerably large number of African Americans (10%) were behind the bars as opposed to only 2.4% and 1.2% of Hispanic whites and non-Hispanic whites respectively (Travis, Western, Redburn & National Research Council U.S, 2014). The aforementioned figures give a big picture of the incarceration disparities as of the year 2003.In addition, these statistics attest to the fact that at the age of between 25 to 29years, African American males are more likely ...
Abstract
The correlation between criminal activity and genetic composition is one of the polarizing issues in criminal justice today. This paper investigates the relevance of using genetic testing in courtrooms for defense and the causation relationships between the genetic composition and criminal behavior. The study conducted a survey on a random sample of 100 participants. The results indicated that most people do not support using genetic testing as defense in criminal procedures. Similarly, many people do not see the causation relationship between the two phenomena. Nevertheless, this research concluded that, following the implications of criminal behavior, and that, most criminal activities such ...
Theories of Behaviorism and Operant Condition or Learning
Theories of behaviorism relate to principles that seek to explicate behavior in terms of overt or observable actions and responses. Behaviorism is essentially defined by the theories proposed by John Watson and B.F. Skinner, which highlight the stimulus and response mechanism as a way to observe and understand human behavior. Behaviorism highly values observable behavior because it is a manifestation of internal behavior that is measurable and may easily be recorded (Nevid, 2012). Behaviorists such as Watson and Skinner argue that the observable and measurable nature of overt behavior makes it an essential and reliable gauge of human behavior. Watson is ...
Written by Kerman, Orange is the New Black: My Year in a Women’s Prison is the subject of discussion in this paper. At age 24, Kerman’s friend talked her into carrying and delivering a bag of money belonging to a drug lord from West African. Even though she got out of the life and built another, eventually, the past caught up with her. This book is a memoir of the repercussions of her actions 20 years ago.
In the memoir, Kerman describes herself as a “nice blond lady”. When Kerman’s lawyer presented her with the prosecutors unearthing materials, in them ...
as a Model of Crime Control
_____ University
DETERRENCE THEORY 2
Introduction
Deterrence theory has been rooted in the field of Sociology for quite some time, so an abundance of research exists regarding its effectiveness. There is more crime control policies currently utilized within the criminal justice system than is readily realized. Mandatory sentences and capital punishment serve as great examples, and these types of laws and crime control policy were created to serve as deterrents of crime (Durlauf and Nagin, 2011). If one member of society is aware that another member of society was punished for an act of crime, ...
Abstract
The United States has the highest use of incarceration; which is attributable to incarceration of non-violent offenses. Non-violent offences are those that involve public disorder and drug abuse without any harm actually being inflicted on a victim. It has always been argued that incarceration of non-violent drug offenders in the U.S.A has resulted in an unwarranted high prison population and consequently high budgetary allocations to prison departments in order to meet the cost of maintaining the high population of prisoners at the expense of more pressing needs. However, incarceration of non-violent drug offenders is a necessary evil needed to fight the ...
Introduction
According to Georgia Code of Conduct, the criminal procedure state that an individual can be subject to life without parole, life imprisonment, or death penalty. However, if he/she pleads guilty of misdemeanor or felony, the judge is entitled to fix the sentence of the number of weeks, months or years within the limits prescribed by law as a punishment of that crime. The judge is entitled to suspend or probate all or part of the sentence consistent with the provisions of Article 9 of Chapter 8 of Title 42. Additionally, the judge also has the authority to revoke the probation ...
Introduction and Description
The three strikes law is coined from the game of baseball, where the batter is only allowed two strikes before he strikes out for the third. Three strikes laws are a group of statutes that are enacted by various states in the United States mandating state courts to inflict harsher punishments by issuing more punitive sentences for individuals who are convicted of perpetrating three or more staid criminal offenses. Most jurisdictions consider crimes at the felony level only as serious offenses. As such, the three strikes laws are applied to individuals convicted thrice or more for committing felonies (Pollock, 2012).
...
Abstract
The issue of how criminals are sentenced and treated is a problem within in the United States and around the world. The sentence given for a crime that is committed is not always equal from one state or region to another. Diversion programs are therefore a method that have been created to offer a second chance to first-time offenders and youthful offenders that are deemed worthy of a second chance. These programs are designed to be supervised and carried out by certified and experienced professionals at the behest of the court, and are meant to curb any and all ...
In the 1972 Supreme Court case Furman v. Georgia, two of the most comprehensive arguments in opposition to the death penalty were made by Justices William Brennan and Thurgood Marshall. Brennan’s argument centered on three elements. First, simple because the death penalty was used from the birth of the nation to the present, did not mean that the nation could never abolish it (Tabak, 1991). A modern proof of Brennan’s argument here is that while the death penalty was historically a common punishment in societies across the world, today 140 countries have abolished the death penalty in ...
COM/510
The article titled “Armed Group Vows to Continue Occupation at Oregon Refuge” is a recent article that appeared in the New York Times dated Jan 3rd, 2016 by Johnson Kirk and Healy Jack. The article covers protests that have began peacefully at the Malheur National Wildlife Refuge in Oregon near Burns. The protests were against the sentence that was imposed to an old rancher Dwilight and his son, Steven Hammond, who had settled fires on federal land (Johnson & Healy, 2016).
The United States government has developed a set of laws and conditions, which are to be followed, when dealing ...
Abstract
The concept of the death penalty is one of the world’s most sensitive issues due to the fact countries are divided over its use and validity. While there are nations who have slowly removed the death penalty in their penal code, there are states who still see its worth and continue to practice it against the worst criminals in their history. Currently, countries like the United States and Iran continue the practice of the capital punishment despite the controversies regarding their executions and the nature of death penalty itself. However, it is visible that both nations varied extensively ...
Police crime control policies
Crime control is paramount for the economic development of any civilized society. The political stability of any nation is measured by the crime rate. Countries that have low crime rates are more attractive to investors and business leaders. The crime rate in the United States of America was high in the 1990s. The cities were controlled by criminal gangs and at times the fights between criminal gangs took place in the streets. The frequency of homicides was relatively high. The residential places were not spared from crime related violence. Law enforcement officers were criticized for being weaklings. The police ...
Career in Parole and Probation
Introduction
Choosing the right career is a pivotal step in ensuring a healthy and happy future. One must have the rights skills and inclinations for the chosen career to make a job fulfilling and rewarding. This is the reason why choosing a career is a long and deep process that requires deliberate consideration of all circumstances surrounding a person’s background, habits and skills. A career in parole and probation is fulfilling for some persons, but may be a burden that must endured by others. Personally, I consider this career path the right one for me. Providing offenders with the right skills and attitude to ...
Introduction
The 1992 general elections in the United States were an important occurrence in the history of America. The campaigns towards the election saw presidential aspirants take a public stand in the fight against crime. The contestants, George Bush and Bill Clinton both stated their stand on the escalating crime rate in the American society (Oliver, & Marion, 2011). The result of the election was the formulation and implementation of the law that has become an important milestone in the American crime control history. This paper looks at five important processes in the Crime Control and Law Enforcement Act of 1994.
Problem Identification
According ...
Incarceration Disparities among American Ethnic Groups
Introduction
Since the 1970’s, the jail and prison population in the United States has been increasing at an unprecedented rate. The total number of incarcerated individuals has risen by a whopping 500%. This massive increase has resulted to a total of 2.2 million people in the nation’s jails and prisons (Mauer & King, 2007). This stupendous growth in the number of incarcerated individuals has been accompanied by an increasingly unbalanced racial composition. There have particularly been high incarceration rates for blacks with this section of the population making up more than 10% of the total number of incarcerated individuals. ...
Free Biological, Psychological, And Social Explanations Of Criminal Behaviour Research Paper Example
Human behaviour is a complex topic because it is determined by various biological, social, and psychological factors. Depending on the factors influencing behaviour, a human being may act in a certain way without knowing why they had acted in such a manner. In Brain on Trial, David Eagleman explains the relationship that exists between neuroscience and criminal acts, and how this information can be used to build a better society with a justice system that is not ignorant of the facts of advances in brain science (121-123). This information can better equip those in the justice system to understand better why crimes occur and may ...
The death penalty in Texas has long been a controversial issue – the idea of putting someone to death for their crimes is thought, by some, to be an antiquated idea that went out with the stocks. However, there is still significant public support for the measure as a deterrent. When considering the prison costs and the flaws inherent in the justice system, it becomes somewhat clearer that the death penalty is not a cost-effective or ethical measure. Given the non-unanimous level of support for the death penalty, as well as the possibility of executing innocent citizens who have been wrongfully convicted, the ...
Introduction
USA has the highest percentage of prison population than any other country in the world. Over the last 35 years, USA has seen a boom in the rate of incarceration by increasingly relying on its strategy of building and filling prisons for crime reduction. USA took about 160 years to gather its first 1 million inmates and another 1 million just took 12 years. It is estimated the prison population witnessed a 321% hike between the years 1980-2000 when the total number of prisoners went from 315,956 to 1,329,367 (Kovandzic & Vieraitis, 2006). Statistics show that prison population has ...
Introduction
The Jury has the power to exercise nullification while conducting jury duties. This power is accorded as a matter of practice and in common law, and not necessarily under legislation. Jury nullification occurs when the fact finding is clear of the defendant’s guilt, but the jury relying on its own understanding of fairness and justice, decides to acquit. There has been on going debate as to whether the judges should inform the jury of their nullification ability or not. This paper explores the position that the jury should not be informed of their nullification powers (Bellin, 2010).
Background
The nullification ...
Criminal Law
Introduction
The concept ‘petit apartheid’ refers to the “everyday insults, slights rough or unnecessary questions, stops and searches of blacks, and brutal treatments”. It posits that this treatment on the black people has a cumulative impact on every stage of proceedings in criminal justice. Petit apartheid includes daily casual, or hidden interactions between the minorities and the police such as stop and search law enforcement practices which may result or may not result in an incarceration or a criminal justice proceeding (Zatz &Mann,1998).
This concept has been explored theoretically and in terms of the activities which might fall ...
Business and Society
The Coca-Cola Company is evidently the biggest soft drink company in the world. The company boasts of having over 146,000 employees who work as associates of the subsidiary branches. The Coca-Cola Company is established on the goal of refreshing the world and inspiring optimism and happiness for its customers. In order to do this, the company works on its code of conduct of business that documents its intended goal for the stakeholders and the employees (Coca-Cola, 2012). The code of conduct is standard guideline that documents the company’s goals and aspirations. This paper attempts to design a comprehensive ...
Is the Death Penalty a Deterrent?
The Death penalty is a verdict of death to a person by the legal system as a reprimand for committing an offensive crime. It is also referred to as capital punishment. These death penalties are executed to an individual to make sure that crimes are not committed later in life and also reducing the cost of punishing criminals. In the past, death penalties were so common in many nations but in the recent times very few countries practice it. Research shows that there are only fifty eight countries in the nation that are still practicing the death penalty while 96 nations have ...
Abstract
Reports from the U.S. Justice Department, in 2003 revealed that approximately 10.4 percent of African American men between age 25 to 29 were incarcerated, in comparison to 2.4 percent of Hispanic men and 1.2 percent of Non-Hispanic white men (US Justice Department, 2003).This has created some measure of concern within the African Diaspora in and out of United States of America. Why are Black men in this age group so much more likely to be in jail than people of White or Latino descent? (US Justice Department, 2003).What are the comparative incidences of criminal prosecution, ...
Capital punishment is also known as the death penalty. This process involves the infliction of death to individuals as a punishment for certain offences by the judicial processes. This form of punishment has been practiced in the past by almost all the societies. However, a majority of the countries in the world today have abolished it, with only a few countries still following the death penalty sentencing. The deliberations over the propriety of the death penalty can be almost as old as the death penalty itself. It is interesting to note that the philosophical and moral arguments put forward by various individuals ...
Is the War on drug policies a major factor in racial profiling?
Introduction
My name is ( ) and the topic I shall discuss is whether the war on drug policies stand as a major factor in racial profiling or not, and I believe that war on drug policies are not a major factor in racial profiling. This issue is important to be because there are many minorities in the country who live under the burden and impression as the supreme targets as drug addicts and racial profiling against them is a major problem. I have friends who feel living amongst the rest of the people are always afraid that they might become ...
ABSTRACT
The juvenile crime rate has made a significant increase in America as children as young as eight years old are committing violent crimes. The juvenile justice system was first created to keep children out of adult prisons and to rehabilitate the children so that they will become productive non-criminal adults. This system has not been effective. Children are impacted by many factors when faced with decisions in today’s society. They are not as developed and lack the reasoning capability like adults. Thus, new approaches to juvenile justice must be instilled throughout the country in order to prevent more ...
The capital punishment is a form of punishment that is applied in the criminal justice system. It is worth noting that death penalty is one of the debatable issues in the world. Canada is one of the countries that debate on the death penalty as a form of punishment. For many centuries, countries have utilized capital punishment as a strategy for dealing with serious criminals. The form of punishment in Canada dates back to the era of the British colony. This was a form of punishment that was administered to those conceited of murder, assault, rape, buggery of animals, ...