Introduction to Criminal Justice Winter (January) term 2012 Assignment #1 Due Monday, February 6, 2012 Angel Machic Mejia The Three Strikes and you’re out law was enacted in 1994, intended to make the crime rates in California drop. The three strikes law is very effective California Felony crime is down 59%. Other states that have implemented a similar law are Texas, Washington, Colorado, Indiana, Nevada, Louisiana, Georgia and many more. The law keeps people who are convicted of felonies from being convicted more than 3 times. After their 3rd conviction they are kept in prison for life.
The Act contains a Charter of Victim’s Rights which requires, among a number of things, respect for a victim’s dignity, victim’s compensation, protection from the accused, protection of identity and assistance during the criminal process. The Charter also introduces victim impact statements, which is allows the victim an opportunity to participate in the process by letting the court know how the crime has affected them. The judge has a discretion to hear and to take into account a victim impact statement in determining the sentence. Victim impact statements are only permitted for serious offences and are presented after the offender is found guilty, before the sentence is passed. In the case of McCartney v R (2009) A male found guilty of sexual assault was sentenced to 2 years imprisonment, after the aggravating factors were considered, including the victim impact statement, it was concluded by the judge that the victim’s “life and studies have been totally disrupted by the event and suffered considerable distress.” The victim impact statement in this case influenced the sentence and the judge was able to effectively use his discretion to determine the best sentence for both the offender and the victim, by taking into account both the mitigating and aggravating factors.
Tonight he would overcome his fear of talking to the public about something he really cares deeply about. This topic was surprisingly unselfish in the reasons he was bringing it up as an issue. Dan has a problem with the ‘Three Strike’ law in California, stating that if you have obtained three felony accounts, violent or nonviolent, you will be sentenced to life imprisonment. The three strikes law in California, instituted in 1993, had the original purpose of taking career criminals off the streets, making out communities and our and streets more safe. However the real impact of the law was filling prisons with non-violent offenders for decades at a time.
“Indeterminate sentences are sentences that have a minimum and maximum time to serve; a decision by a release authority determines the actual time served within that range” (Seiter, R. 2011). Indeterminate sentencing structure was used before the 1970’s and was supported by two beliefs. The first belief was environmental explanations could contribute to the offenders upbringing and mental condition. The second belief was the offender suffers from psychological problems that result in criminal behavior. These beliefs became heavily challenged in congress because they made the criminal justice system responsible for turning criminals into law abiding citizens.
The law was also adapted in order to get more violent individuals off of the street, instead it filled the prisons with nonviolent, low priority felons. In North Carolina a habitual felon is defined as "any person who has been convicted of or pled guilty to three felony offenses in any federal or state court
Sentencing Essay a) Describe the sentences available for adult offenders (18 marks) The courts have several different sentences they can give an adult offender; an overview of the sentences can put them into four main categories: custodial sentences, fines, discharges and community sentences. The courts can also give specific sentences such as compensation orders, and disqualification from driving or banning from driving for motoring offences. The first and most popular sentences imposed by the courts are custodial sentences. This is were the offender is incarcerated for a length of time depending on the offence they committed. For example, the offence of murder carries a mandatory life sentence, which is where the offender must be imprisoned for a minimum length of time, specified by the judge.
Christina M. Owens Writing Assignment October 29th, 2012 Capital Punishment by Lethal Injection Capital Punishment is defined as the execution of a convicted criminal by the State as punishment for crimes known as capital crimes or capital offences. Capital Punishment is given when the crime is considered so vast and so horrible that it is over the realm of being forgiven or pardoned. Capital punishment in the United States is officially certified by 38 of the 50 states; the minimum age at time of crime to be subject to the death penalty is 18. Throughout history, statistics have proven that Capital Punishment furthermore known as the death penalty to be a working prevention of major crimes. When the death penalty is carried out, it
Assignment Module Two Make sure to rename this file and include your last name/module number! Your assignment for Module Two will need to be a minimum of 2-3 pages for full credit. Chapters Three and Four cover the history of corrections and the options for punishment. Please choose one of the offenders below and answer the questions which follow: * Offender A – female offender, mid 20’s, extensive criminal history, child and adult victim of sexual abuse, convicted of carrying a loaded firearm into a federal building * Offender B – male offender, late 70’s, no criminal history, recently placed on a ventilator, convicted of sexual abuse of a minor under 12 * Offender C – juvenile offender (15 years old), no criminal history,
For example, use of a firearm during commission of a felony carries an automatic three year sentence, on average, when convicted in a court of law. With all of these laws and background checks on the books, one would think that gun-related crime would be non-existent. However, the criminals
Two statutes enacted during the 104th Congress have had a significant effect on the federal court's treatment of prisoners who seek to bring claims against prison officials. Congress passed the Prison Litigation Reform Act (PLRA) of 1995, Pub. L. 104-134, 110 Stat. 1321, to place restrictions on the ability of federal courts when they consider claims by prisoners. The Antiterrorism and Effective Death Penalty Act of 1996, Pub.