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.
We will give you an overview of what “The Three Strikes” law are, the “Death Penalty” and our rebuttal. California's Three Strikes Law "is a sentencing scheme that adds significant time to the prison sentences of certain repeat offenders convicted of serious or violent felonies." California Criminal Defense Lawyers,(2013). This law "three strikes law" also known as the Three Strike Law, you are out was enacted in California in the 1990s to allow harsher punishments for those that committed felonies more than once and to provide for relief of the crimes themselves. A felony is defined "as a crime that has a greater punishment imposed by statute than that imposed on a misdemeanor" The Felony Law & Legal Definition (2013).
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
“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.
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.
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.
The criminal act (actus reus) is the movement or detention of an individual without their consent by force or threat of force (Lippman M.2012). The MPL states: “confining an individual for a substantial period of time in an isolated location with a specified intent. This is intended to punish the “frightening and dangerous” removal of a victim from a safe environment to an “isolated” location where he or she is outside the protection of the law.” Pg. 396 (Lippman M.2012). This is a crime against persons and punishable in all but four states by life in prison or the death penalty.
The outcome of the trial found Miller guilty and was sentenced to life without parole. What interested me about the case is that a juvenile received a life sentence without parole. In most cases in most states they would try a juvenile as a juvenile no matter how severe the case is. I do not think all juveniles should be tried as an adult but if they murder someone and they know what they were doing when they committed the crime then they need to be tried as an adult. I do agree that juveniles need to be
We will discuss the general categories of crime and how they translate into the real world. The first of the crimes to be discussed is that of felonies. The felony is the most severe category of crime that can be committed against a person. Felonies against property are considered just as severe as felonies against persons. This particular crime consists of murder, rape, aggravated assault, robbery, burglary, and arson.
Indictable offences are the more serious crimes such as murder, armed robbery, sexual assault, drug trafficking and arson. These offences are tried by a judge and jury in District or Supreme Courts. A preliminary (committal) hearing is held in Local Court before a magistrate to determine whether there is sufficient evidence for a ‘prima facie’ case. The prosecution is required to produce evidence and witnesses. The process of criminal prosecution begins when a person (usually a police officer) lays information before a court or a justice of the peace.