Friday, January 31, 2020
Criminal Sentencing Essay Example for Free
Criminal Sentencing Essay A basic question in criminal sentencing is â€Å"What are the purposes of criminal sentencing?† Scholars, too, reflect on the purposes of punishment. There are commonly four identified purposes: Retribution. The oldest but considered the most important purpose for sentencing is retribution, that is, inflicting on an offender suffering comparable to that caused by the offense. An act of social vengeance, retribution is grounded in a view of society as a system of moral balance. When criminality upsets this balance, punishment exacted in comparable measure restores the moral order, as suggested in the biblical dictum â€Å"An eye for an eye. †While contemporary critics of retribution sometimes charge that this policy lacks the force to reform the offender, it still remains a strong justification for punishment. A second purpose for sentencing, deterrence amounts to the attempt to discourage criminality through punishment. Initially, deterrence arose as the banner of reformers seeking to end what they saw as excessive punishments based on retribution. Critics asked, â€Å"Why put someone to death for stealing if that crime could be discouraged with a prison sentence?† As the concept of deterrence in sentencing gained widespread acceptance, execution and physical mutilation of criminals were gradually replaced by milder forms of punishment such as imprisonment.                       There are two types of deterrence, specific deterrence demonstrates to the  individual offender that crime does not pay while in general deterrence, the punishment of one person serves as an example to others. Rehabilitation. The third purpose for sentencing, rehabilitation, involves reforming the offender to preclude subsequent offenses. It resembles deterrence by motivating the offender to conform. But rehabilitation emphasizes constructive improvement while deterrence and retribution make the offender suffer. In addition, while retribution demands that the punishment fit the crime, rehabilitation focuses on the distinctive problems of each offender. Thus identical offenses would call for similar acts of retribution but different programs of rehabilitation. Social protection. A final purpose for sentencing is social protection, or rendering an offender incapable of further offenses either temporarily through incarceration or permanently by execution. Like deterrence, social protection is a rational approach to punishment and seeks to protect society from crime.                The different forms of sentencing used in different jurisdictions include institutional sanctionsâ€â€time to be served in prison or jail; and noninstitutional sanctionsâ€â€fines and forfeiture of the proceeds of crime, and service of the sentence in the community in the form of probation or parole. Recently the arsenal of punishments has been considerably enlarged by the creation of mixed sanctions and alternatives to either institutional or noninstitutional sanctions. The following are the variety of options for sentencing: Death penalty. In thirty-six states (as well as the federal courts), courts may impose a sentence of death for any offense designated a capital crime, for example, first-degree murder. Incarceration. The defendant may be sentenced to serve a term in a local jail, state prison, or federal prison. Probation. The defendant may be sentenced to a period of probationary supervision                within the community. Split sentence. A judge may split the sentence between a period of incarceration and a period of probation. Restitution. An offender may be required to provide financial reimbursement to cover the cost of a victim’s losses. Community service. An offender may be required to spend a period of time performing public service work. Fine. An offender may be required to pay a certain sum of money as a penalty and/or as an alternative to or in conjunction with incarceration. This leads us to the next question, â€Å"What are some reforms that have been proposed? A recent reform growing out of the victims’ rights movement in the sentencing process is the consideration of statements by the victim, known as â€Å"victim impact statements†(VIS). Twenty-six states have mandated the use of VIS in criminal cases, while another twenty-two states have adopted so-called â€Å"victim bills of rights†that include recognition of the right of a victim to present a VIS. In the VIS, the victim provides a statement about the extent of economic, physical, or psychological harm suffered as a result of the victimization. The victim also can make a recommendation about the type of sentence an offender should receive. Usually the VIS is incorporated into the pre-sentence investigation report written by the probation officer. Research has revealed that a judge’s choice of a sentence is influenced much more by legal considerations than by victim preferences in cases where VIS has been presented (McGarrell, 1999). The third reform proposal is â€Å"restorative justice.†Restorative justice has been a feature of justice systems for a long time, though it was little used until a group of criminologists in the United States and the Commonwealth countries brought the idea back to life. The term restorative justice was virtually unknown a decade ago, and it is still in search of a commonly accepted meaning. Yet, the literature related to this subject has grown rapidly, so that we venture to define it in terms offered by Howard Zehr, published in a symposium of The Justice Professional, entitled â€Å"Criminology as Peacemaking.†Zehr provides contrasting paradigms between the traditional, retributive sense of justice and the newly emerging (or reemerging) restorative sense of justice.            If the proposed reform of restorative justice were adopted, where would that leave us with respect to the traditional â€Å"aims†or â€Å"justifications†of criminal justice? As to retribution (or just desserts), we would still be limited to never imposing an obligation (sanction) that outweighs the harm done. As to incapacitation, even the staunchest advocates of restorative justice recognize that some offenders are far too dangerous to be returned to the community and that their separation from the community is necessary. But the prison population could be vastly reduced. As to resocialization or rehabilitation, the very idea is built into restorative justice, which aims at   restoring the community. Some of the current issues in federal sentencing according to the U.S. Sentencing Commission at https://www.ussc.gov. are the following: The issue on the amendment pertaining to offenses involving cocaine base (crack) and the amendment pertaining to certain criminal history rules, see 72 FR 28558 (May  21, 2007); 72 FR 51882 (September 11, 2007), should be applied retroactively to previously sentenced defendants. The issue of the Judicial Conference of the United States, the and the United States Sentencing Commission has decided to establish a standing victim’s advisory group pursuant to  28 U.S.C.  § 995 and Rule 5.4 of the Commission’s Rules of Practice and Procedure. It was stated that the purpose of the advisory group is (1) to assist the Commission in carrying out its statutory responsibilities under 28 U.S.C.  § 994(o); (2) to provide the Commission its views on the Commission’s activities as they relate to victims of crime; (3) to  disseminate information regarding sentencing issues to organizations represented by the   advisory group and to other victims of crime and victims advocacy groups, as appropriate; and (4) to perform any other functions related to victims of crime as the Commission requests. The victims’ advisory group will consist of not more than 9 members, each of whom may serve not more than two consecutive 3-year terms. The issue on New Yorks Rockefeller laws to curb the drug trade – which directly contributed to a dramatic increase in the states prison population costing the state millions of dollars, but failing to impact drug trafficking. According to a New York  Times editorial, â€Å"New York has made incremental changes to the Rockefeller laws in recent years, but has stopped short of restoring judicial discretion.†A governor-appointed commission charged with studying state sentencing practices, however, has produced a report calling for the end of â€Å"indeterminate sentencing†– the process by which a judge imposes a minimum and a maximum sentence and the Parole Board decides when to release an offender. It further suggests that nonviolent offenders be considered for community-based treatment instead of prison. Finally, Gov. Elliot Spitzers commission recommends restoring prison-based educational and training programs as a means of helping to lower recidivism rates. The website of the Sentencing Project at http://www.sentencingproject.org. mission is to promote reforms in sentencing law and practice, and alternatives to incarceration through their advocacy and research. Moreover, the Sentencing Project provides defense lawyers with sentencing advocacy training and to reduce the reliance on incarceration. Hence, the Sentencing Project has become the leader in the effort to bring national attention to disturbing trends and inequities in the criminal justice system with a successful formula that includes the publication of groundbreaking research, aggressive media campaigns and strategic advocacy for policy reform. As a result of The Sentencing Projects research, publications and advocacy, many people know that this country is the worlds leader in incarceration, that one in three young black men is under control of the criminal justice system, that five million Americans cant vote because of felony convictions, and that thousands of women and children have lost welfare, education and housing benefits as the result of convictions for minor drug offenses. Thus, the Sentencing Project is dedicated to changing the way Americans think about crime and punishment which coincide with the interests of the National Association of Sentencing Advocates. References            McGarrell, E.F. Restorative Justice Conferences. Indianapolis, IN: Hudson Institute, 1999; Edmund F. McGarrell, â€Å"Cutting Crime through Police-Citizen Cooperation,†American Outlook, Spring 1998, pp. 65–67. The Sentencing Project at http://www.sentencingproject.org. U.S. Sentencing Commission Available at https://www.ussc.gov. Zehr, H.  â€Å"Justice as Restoration, Justice as Respect,†The Justice Professional 11,    nos. 1–2 (1998), pp. 71–87.
Thursday, January 23, 2020
Is The Criminal Justice System Racially Biased? Essays -- essays resea
Is the Criminal Justice System Racially Biased? Most criminologist use two sources of criminal justice data in the United States: the Uniform Crime Reports (UCR) and the National Crime Victimization Surveys (NCVS). The URC data is made from law enforcement agencies and include crime incidents reported to or obtained by the police. NCVS data is obtained from a very complex national survey of a sample of homes and provide information about crime incidents and victims for both reported and unreported crimes, excluding homicide. For my report I obtained research information from questionnaires and from several text books. I gave the questionnaire concerning bias in the criminal justice system to four whites, four blacks, one Asia, and one Mexican. Although this sample is not representative of racial attitudes in general, it can used to develop a better sense of differences among students. To discuss my findings fully I must define a few terms. The Criminal Justice System is the network of agencies that respond to crime, including the police, courts, jails, and prisons. Minority Group is a group of people who, because of physical or cultural characteristics, are singled out for differential and different and who regard them as objects of collective discrimination. Discrimination is the act of singling out for unfair treatment. Labeling is stereotyping, or putting a tag on someone, and treating them accordingly. Self-fulling Prophecy is an expectation about how things will be the situations that they predicted or expected. Finally, Differential Association is the idea that interacting with others learns criminal behavior. It is no secret whites and blacks in America experience life differently because of their race. Therefore, whites and blacks view the criminal justice system differently. My research found 70% of those studied agree the courts do not offer equal treatment. Although both agree that the system is biased, whites seem to have a more positive view about the whole system, while Blacks feel the system is corrupt and works' against them. 50% of my non-white sample and 20% of my white sample felt the courts discriminate. James Henslin, author of the text Social Problems, states "[Violent crime] recedes with income ... people with higher incomes live in better, more affluent and less viole... ...that continue to target poor minorities. My results did show that there was differences in the way black and white students in American society view the criminal justice system. Because race can be compared to SES non-whites have a more negative view of how often police discriminate. On the other hand whites are not ignorant to the negative police discrimination non-whites face; nevertheless they feel it happens much less than it actually does, or almost never. Similar, in the courts, more non- whites feel their is discrimination. My answer to this could be that non-whites are being convicted, going to jail and receiving the death penalty, while white are the ones suing, and are not getting convicted for crimes when they are arrested. While we all agree the criminal justice system is corrupt, my studies show, whites and blacks disagree with the extent to which it happens. This is an obvious result because blacks and whites are in two separate moral communities. Blacks have been negatively labeled, and stigmatized as lower class citizens who cause trouble. Inturn they have been the victim of legislation that keeps them in the dismal status they are in.
Tuesday, January 14, 2020
Diffusion and osmosis lab Essay
What happened to the iodine, the starch, the glucose and the water in your experiment? Explain which molecules did/did not cross the membrane and in which direction they moved. Substance Prediction Results Starch Starch will stay in the cellulose tubing The results were correct Glucose Glucose will defuse and move out The results were correct Iodine The iodine will change color The results were correct 2. Did the results of your experiment agree or disagree with your prediction? Why or why not? My results agreed with my prediction because the starch, glucose and iodine stayed in the cellulose tubing, or the water changed color. 3. Considering your observations, suggest an explanation for the results of your experiment. What assumptions did you make about the nature of the membrane? The cell contains what enters. Small molecules can quickly go through and out of the cell. Meaning the small molecule diffuse through the process of osmosis. Lab 2 – ELODEA Objective: To demonstrate and explain effects of osmosis across a living membrane. 1. What changes took place in the Elodea cell after salt water is added? Did these changes agree or disagree with your prediction? Why or why or not? When the salt was added to the water it caused the water concentration to lessen but the solute to increase. There are more water molecules going out of the cell than in the cell the cell membrane began to shrink known as dehydration. 2. Explain, in detail, the process that caused these changes to occur. The elodea would not be able to live in salt-water environment because there is a greater concentration of the water in the cell. When there is salt in the cell, it would die. 3. Is this process reversible? If so, describe how you would reverse it? Yes, I think this process is reversible. You would have more of a salt solution then a water solution. Then you would add the water to the concentration then it will be revered
Monday, January 6, 2020
Excellence and the Fulfillment of Ones Purpose is the...
An ancient philosophy of classical Greece, in its most basic sense, Arete means â€Å"excellence of any kind†, but more specifically to the culture of the period in which it originated meant â€Å"the notion of excellence and the fulfillment of one’s purpose and/or function: in other words, the act of living up to ones full potential†. Example: Aeneas, from the Aeneid, is an example of someone who possesses the foundational aspects of the Arete philosophy. As a Trojan leader, Aeneas respects prophecy and attempts to incorporate the idea of his own destiny into his actions, in spite of emotional impulses that conflict with his fated duties. His ability to accept his destined path despite his unhappiness in doing so makes him a graceful hero and a worthy recipient of the honor and favor the gods bestow upon him. His compassion for the sufferings of others, even in conjunction with a single-minded devotion to his duty, is another aspect of his heroism. Sympathetic to the weariness of others on the journey, he delivers speeches to his fleet to keep the men’s spirits high. Aristeia* A scene in the rhetorical devices of epic poetry where a hero in battle has his most excellent and glorified points. Aristeia can be the effect of the loss of life for the protagonist. Example 1: Book 5 of the Iliad is an example of aristeia, in which Diomedes prays to Athena for revenge, and the goddess endows him with superhuman strength and the extraordinary power to discern gods on the field ofShow MoreRelatedSustainability : The Moral Dilemma2065 Words  | 9 Pagesspecial obligations for the well-being of our current society. Obligations that take priority over the needs of those yet to be. These conflicting ideas bring forth the ever important ethical question for the modern engineer: in order to fulfill our purpose for the public, should we design predominantly for future needs at the expense of the present? As an engineer, my objective is to plan, design, and construct for the good of the public. I see this as a personal responsibility, and because of thisRead More Aristotelian Ethics and its Context Essay6933 Words  | 28 Pagesproposition: that ethics (in the classical sense) (1) requires politics as the venue of its implementation; indeed, that ethics in a fundamental sense is politics. Ethics is politics inasmuch as the achievement of human happinessâ€â€the activity of the soul in accordance with excellence, lasting a lifetimeâ€â€is public, both in that the achievement requires the presence of co-equals as the condition of its emergence, and in the sense that the excellence achieved (ones character) is publicly recognizableRead MoreBanking Concepts and Practices39548 Words  | 159 Pagesit and in the mean time they lend it to others to ‘gain’ some returns. †¢ According to Kent, â€Å"bank is an organization whose principal operations are concerned with the accumulation of the temporarily idle money of the general public for the purpose of advancing to others for expenditure.††¢ According to Crowther, â€Å"bank is one that collects money from those who have it to spare or who are saving it out of their incomes and lends the money so collected to those who require it.††¢ AccordingRead MoreLibrary Management204752 Words  | 820 Pages. 12 . 13 . . . . . . . 16 . . . . . . . 17 2â€â€The Evolution of Management Thought . . . . . . . . . . . 19 Management in Ancient History . . . . . . . . . . . . . . . . . . . 20 The Effects of the Industrial Age on Management . . . . . 22 Classical Perspectives . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Scientific Management Movement . . . . . . . . . . . . . . . . . 23 Bureaucratic School . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 vii viii Contents Read MoreManagement Course: Mba−10 General Management215330 Words  | 862 Pagestechnology value creation in companies. This key consists of leadership emphasis on the management principle that by digitizing a flawed process, all one does is enable that flawed process to operate faster. THE DRIVERS OF BUSINESS GROWTH: â€Å"GENERAL-PURPOSE†TECHNOLOGY AND SHAPING NEW MANAGEMENT The powerful results of the American business economy through the end of the 1990s continued to defy and fundamentally challenge many of the traditional approaches regarding how corporate growth and earnings
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