In the article “Assessing the penal harm movement” by Francis T. Cullen, Cullen talks about the penal harm movement and the unintended consequences that arose from the utilization of this movement. He reviews the evolution of punishments throughout time and the distinctions of the correction system in each historical era. He also argues that the penal harm movement has caused and still continues to cause society further complications. Cullen believes that we as a society needs to keep fighting towards finding a more efficacious and progressive response to crime. Cullen states, “For over a decade, virtually every contemporary commentary on corrections in the United States has reminded us that the system is in crisis” (57).…
In the most recent couple of years the verbal confrontation about whether obligatory sentencing ought to be nullified, and judges utilizing their own carefulness ought to happen has turned into a well known dialog in the United States. I see upsides and downsides for both sides. Mandatory least have filled the correctional facilites and penitentiaries with an excess of peaceful, first time guilty parties which brings about prison/jail packing and more obligation. President Obama expressed in a discourse "We have to lower long obligatory least sentences or dispose of them totally. " Opponents of compulsory least sentences contend that: Minority litigants are excessively detained contrasted with Caucasian respondents under the compulsory least…
Commerce law assessment task 3- Lachlan O’Malley Mandatory Sentencing in New South Wales 1. Mandatory Sentencing- a mandatory sentence is a court decision where legal discretion is limited by law. Most frequently, people convicted of certain crimes such as armed robbery or murder must be punished with at least a minimum number of years set in prison. 2.…
With a total prison population of 2,217,000 people as of 2013, the United States continues to have the highest prison rate in the world (Institute for Criminal Policy Research). In light of these numbers, it is clear to many that the United States is in need of some kind of reform in the way it responds to crime and carries out justice, however, there is much disagreement on what aspects of our criminal policies need to be reformed and in what way. Many factors play a role in the enormous prison rates in the United States, however, some of these factors raise concerns not only about the prison populations, but also bring up questions regarding economics, ethics, and the overall effectiveness of the United State’s current criminal justice policies.…
Families and children are negatively impacted by the increased incarceration of women in America. “In the United States, there are more children with incarcerated parents than there are people in prison.” (Boudin, 2011) Women before incarceration, are frequently the heads of their households and have children that depend on them for financial stability and care. Studies show that the extended absence of incarcerated mothers from homes results in less stable environments for children when breadwinners are and children are left without support and guidance.…
It continues with how state and federal guidelines regarding sentences is partially the reason of the increase, because it keeps people, while bringing more into the system. Both of these articles have something in common. The cover story focused on sentences and unfair it is some. It also points out that sentencing is contributing to the overcrowding of prisoners and it brings it to eye of the general public. The scholarly article talks about the mass incarceration leads to particular problems within our society and what factors caused this.…
According to the Sentencing Project, which is a non-profit organization that promotes reduced reliance on incarceration and increased use of more effective alternatives to deal with crime, states that the United States correctional system of the past thirty years has been characterized by a population increasing the exponentially in response to changes in policy towards mandatory minimum and determinate sentencing (Sentencing). In other words, individuals convicted of a crime today are more likely to be sentenced to incarceration and spend longer terms in prison, than their counterparts in previous decades (Sentencing). In 2002, state and federal prison and local jail populations exceeded 2 million, a trend that has contributed to prison overcrowding and has overwhelmed state governments with the burden of funding this rapidly expanding penal system (Sentencing). These changes in policy have resulted in the reality that prisons today are filled with large numbers of non-violent and drug…
What this means is that if afforded an opportunity to file a motion to vacate, set aside or correct a sentence provided under 28 U.S.C. § 2255 the brothers will be able to show the Court that their acceptance of their plea and their convictions are not proper and that the violations of their constitutional rights to effective assistance of counsel adversely affects their substantial rights of fairness, integrity, or public reputation of the proceedings and that they are entitled to relief. During the 1990s, the mandatory minimum sentence would have been 10 years as punishment for the crimes that they were accused in 2005. Furthermore, if it is determined they are victims of ineffective assistance of counsel then commutation and pardon are…
By keeping these offenders imprisoned and from continuing their illegal activities, it is seen as keeping the public safe from any further harm. Before mandated minimums, it was possible to receive a fair sentence from a judge who could assess the situation and decide based on their experience. With minimums, one can argue that it reduces sentencing disparity (Caulkins, J., Rydell, C., Schwabe, W., & Chiesa, J., 1997). Now offenders committing similar crimes will all receive the same sentence, no matter the circumstance. When an offender is faced with a lengthy sentence for a crime committed, it provides a tool for prosecutors to use to find others involved.…
Throughout the semester, we have repeatedly discussed statistics regarding current crime and incarceration rates. In comparison to previous rates, from earlier decades, it is clear that society’s viewpoint on crime has changed significantly. Beginning in the early 1970s, the United States initiated a more punitive criminal justice system (1). In The Punishment Imperative, authors Todd R. Clear and Natasha A. Frost created a concept for the reasoning behind this mass incarceration. Referred to as the “Punishment Imperative,” its basis for reasoning focused on the symbolic image that crime held in society; meaning, as crime rates grew, the societal fear for basic safety began to emerge.…
Body Analysis The title of this research paper, “Balanced Justice”, could not be less appropriate considering its approach. A more appropriate title should be “Unbalanced Analysis”. The body of the research paper contains strictly shallow quantitative analysis of a limited set of variables, namely cost savings derived from a corresponding decrease in the amount of time a criminal remains behind bars. The authors have tried to prove that the independent variable of cost savings, through the use of cost-benefits analysis, is directly proportional to the dependent variables of sentencing guidelines, time served, recidivism and subsequent quality of life.…
United States prisons are overcrowded. There is a huge problem with persons who commit minor offenses being handed major punishments. This problem has been going on for decades. Everyday individuals are being incarcerated for less severe infractions of the law and their whole lives are being changed with the drop of a gavel. There is a bias in our criminal justice system that people have been trying to cover up for generations.…
Mass incarceration is ideally a part of American history. The increasing number of the prison population is alarming contrasting to the decrease of crime in the United States. The Caging of America depicts the relationship between mass incarceration and racism and mass incarceration and the crime rate. Gopnik shows that during the period of which incarceration rates were going up in the entire country, the crime rate was dropping, particularly in New York, therefore showing the cause of the crime fall had no linkage with prison over population. Gopnik sheds light to high rates of incarceration and the fact that incarceration should not be a method of crime control.…
S., & Weidner, R. R. Criminal justice system - structural and theoretical components of criminal justice systems, the systems in operation, the importance of viewing criminal justice as a system. Retrieved January 25, 2011, from Retrieved from http://law.jrank.org/pages/858/Criminal-Justice-System.html Greenfeld, L. J. (1995, April 1). Prison sentence and time served for violence (pp. 1-3). Retrieved January 25, 2011, from Retrieved from http://bjs.ojp.usdo.gov/ Hensley, J. (2009, July 7).…
In the last 40 years, incarceration in the United States has reached epidemic proportions. We have the highest incarceration rate in the world; we hold 5% of the world’s population, but house 25% of the world’s prisoners (Kelly 2015). The use of incarceration has gradually become a more acceptable and more used form of punishment. As a result, our prison population is overflowing with offenders ranging from petty theft criminals to violent offenders. As cited in the textbook, purposes of our justice system should be retribution, deterrence, incapacitation, and rehabilitation, (Clear, Reisig, & Cole 2016, p.72-73) but we focus far too much on punishment first and rehabilitation second, if ever.…