Discretionary life sentences tend to be given for the more serious offences such as rape, manslaughter or robbery. The judge (as said before) does not have to give a life sentence a may chose a fine, discharge or community sentence instead. The final custodial sentence available to judges is a fixed-term sentence. Yet this sentence is always harder for a judge to give as there are many factors which determine the sentence being given; the maximum sentence available for that particular crime, the defendant’s previous record and the seriousness of the crime committed. The defendant is then given a set number of months or years in prison hence the name ‘fixed-term’.
It also backs up my other sources with the same research results; by removing the sentencing discretion of judges, and replacing it with mandatory jail sentences, we are sending more offenders to prison instead of programs designed to rehabilitate. Information in this article also supports my argument that mandatory laws violate the Constitution. Taking power away from judges is a violation of the 10th amendment “separation of powers.” As a result, our prison population has quadrupled and is filled with the wrong people. Mandatory sentencing applies so broadly that they sweep minor criminals and drug users along with the major ones, “drug kingpins,” who are the real targets of the statutes. Bender, David L. “America’s Prisons Opposing Viewpoints”4thed.Minnesota.
J. SOC. 139 (1980) (arguing that murder rates drop immediately after executions of criminals). n16 H. GROSS, A THEORY OF CRIMINAL JUSTICE 489 (1979) (attributing this passage to Sir James Fitzjames Stephen). n17 Weems v. United States, 217 U.S. 349 (1910), suggests that penalties be proportionate to the seriousness of the crime -- a common theme of the criminal law. Murder, therefore, demands more than life imprisonment, if, as I believe, it is a more serious crime than other crimes punished by life imprisonment.
Chloe Tome Ian Gerrie GASA Y10 G6 March 28, 2014 Essay Assignment: Argument Analysis After reading through I.M. Wright’s argument, it is clear that he/she strongly supports the idea of making all criminals pay for their actions using intense methods, rather than believing in the idea that jail time allows criminals to revitalize themselves. There are many different opinions the author has on the notion of the death penalty and why it should become legal again. While, there are many ideas brought up in this letter, not many of them are strong arguments. Overall, the author presents a weak argument considering the focus put on pulling emotion from the reader, the force that is put on the reader to be in favour of the argument, the amount
In this respect, discretion does not have a role in the sentencing and punishment of offenders and is instead left up to an automatic sentence set by parliament. In the case of R v Dean, the offender Roger Dean (2013) was sentenced to life imprisonment under section 61 of the Crimes (Sentencing Procedure) Act 1999 (NSW), after he pleaded guilty to eleven counts of murder. This case falls under section 61 of the Crimes Act, which is “Mandatory life sentences for certain offences” and is therefore an example of mandatory sentencing removing discretion. Discretion, therefore plays no role in mandatory sentencing, however it is removed to keep trials fair and consistent, as with statutory guidelines and guideline judgements. Ultimately adding to the effectiveness of the criminal trial process in the sentencing and punishment of
Prisons are consistently overflowing with repeat offenders and minor criminals. In addition to repeat offenders and perpetrators of minor crimes clogging up the system, the cost of keeping a prisoner is astronomical compared to the author’s suggested form of punishment. However, I do see the need for prisons, or someplace comparable, to keep the most violent criminals out of society. I believe Moskos should have stated hard facts regarding the ineffectiveness of prisons and given pertinent details about the productive use of corporal punishment. I’m not sure there are any “appropriate” forms of punishment.
This sentencing mechanism has certainly contributed to the increase in prison population. It has also placed harsher punishments that often times do not fit with the crime. Repeat offenders are getting sentenced to long prison terms for low priority crimes. “And if structured sentencing was designed to provide consistency in the type of sentences handed down for specific crimes, the habitual felon law does exactly the opposite, as the offender’s status as a “habitual felon” determines the sentence more so than the severity of the most recent felony”
These parole boards were given very broad authority to determine when an offender was ready for release, and were limited only by the maximum sentence imposed by the judge. Parole was being used as a part of the standard release process from prison, and in order to be considered for parole, prisoners were mandated to complete their minimum term. The initial implementation of these programs is what can be considered a successful marriage between prisoners’ rights and punishment for the crime committed. Unfortunately however, an ideal and perfect system, evolved into a very broken and commonly abused practice. What was initially used as a special privilege quickly became a system for controlling prison overgrowth, among other things for which its purpose was not initially
People don’t just end up in prison, in order to be incarcerated a person needs to be accused of a crime. Then they are booked, put on trial and convicted by a jury. Once this process is finished the criminal will be given a sentence that is to be carried out in prison. Over the years, the lives inmates have led in prisons have changed drastically. Prisons haven’t always been what we see today.
It is a common assumption that for every crime there should be a suitable penalty. Legal systems differ in determining their forms and duration and prison is the most popular way worldwide to punish those who violate law. An ideal form of punishment should not only punish, but also help to socialize the criminal into society and prevent him from further crimes. Unfortunately, jails in many countries are overcrowded and expensive for taxpayers; they do not work as a threat that scares potential offenders and most importantly, they fail to reclaim and reeducate convicted of a crime. According to journalist, Tom Whitehead, longer prison sentences prevent criminals from committing further crimes.