Hilary Phillips 30 June 2010 Corporal Punishment: A Response to Bring Back Flogging In the essay “Bring Back Flogging,” the Author Jeff Jacoby, argues that some forms of corporal punishment should be readopted into today’s society. He was largely assumptive throughout his writing; writing from an almost empirical perspective. I found Jacoby using the readers’ emotions to his benefit. In an attempt to persuade the reader, Jacoby made claims of inmates learning to become “professional” criminals while in prison and the amount of tax dollars spent per inmate each year. After reviewing Jacoby’s paper, I find myself thinking .
If a person has two or more previous convictions for serious crimes, the three strikes provision applies for them. The defendants here are referred to as third strikers, and they fall in the category of ‘25 years to life’ in prison. The previous crime must be serious to qualify as a strike in both of the provisions (Domanick, 279). Most criminals in these provisions are not entitled to probation, and they should serve a prison term. To sentence a defendant under the two and three strikes provision, he or she must be convicted of a felony offense.
Finally, a reflection of the ethical obligations an attorney owes to his or her clients is discussed in the last portion of this paper, along with the positive and negative effects gained or lost in the world if unethical or immoral decisions occur, an evaluation of possible outcomes, and a solution to Jane and Amanda’s scenario. Three Moral Theories Concerning the Crime of Forgery Amanda’s decision
If criminals have to think about the potential consequences they may just deter away from the criminal act (Valerie Wright, 2010). One form of deterrence that is currently being used is the “three strikes and you’re out”. The “three strikes and you’re out” movement became enacted by the Federal government in 1997 to protect citizens from criminals that have been repeat offenders (Austin Ph.D., Clark, Hardyman Ph.D., & Henry, 2000). The criminal justice systems plan to get harsher on repeat offenders hopefully will deter these defendants from returning to the system and keep our society free of less crime. Deterrence at the juvenile level is the transferring of them to the adult system depending on the level of crime they have committed.
When a criminal offence has a minimum sentence, the sentencing judge has no discretion but to give the person convicted at least the minimum sentence (MacIntosh, 1952, pg 47-56). Judges of all ideologies have felt that mandatory sentences unduly restrict judges' discretion and lead to unjust sentences (MacIntosh, 1952, pg 47-56). Judges facing harsh mandatory sentencing regimes have admitted to using "'a variety of methods to expand their discretion, including refusing plea bargains, assignment of offenders to probation and community service, creative interpretation of statutes, and recommendations to the probation department to allow alternative placements for mandatory sentences (Greenblatt, 1997). As stated by Robert Batey (2002) in “Mandatory Minimum Sentencing: A Failed Policy,” mandatory minimums take sentencing power away from the judge and give it to the prosecutor, who decides whether to charge the defendant with a crime carrying a long minimum sentence or some lesser offense. In exchange for exercising this discretion in favour of the defendant, the prosecutor expects something from the defendant, if not substantial assistance (by giving testimony, informing on others outside of the courtroom, or participating in dangerous undercover activities), then at least by pleading guilty to the lesser charge (Batey,
This paper will also answer the question of whether the consequences of punishment provide any benefits for criminals and society. Summary of the Four Types of Punishment When a wrong is committed against a person in society, the natural response is that somebody has to pay. Even in the movies, the emphasis is put on making sure that somebody pays for the crime. A scene that relates to the topic of punishment takes place towards the end of the blockbuster movie, National Treasure. In the scene toward the end of the movie, Nicholas Cage and Harvey Keitel are sitting on the steps of the church pew
Would the death penalty be “cruel and unusual” if it typically were given to poor people and minorities, while higher ups or white people were given life sentences for similar crimes? Did such a double standard violate the equal protection clause of the 14th Amendment? Decisions: The Court split 5-4 striking down the death penalty as it was currently applied in state criminal laws. The four newest members of the Burger Court opposed the decision, while the holdovers from the Warren Court comprised a divided majority. “The court held that the death penalty, as it was currently applied in the state criminal codes, violated the 8th Amendment and 14th Amendment rights of condemned persons”.
Exclusionary Rule Evaluation Paper Brandy Alston University of Phoenix Criminal Procedure CJA/353 Professor Joseph Wade April 11, 2012 Exclusionary Rule Evaluation Paper Should the exclusionary rule be abolish this question is one not to simple to answer. Many individuals say no other say yes, and for those that do not know what the exclusionary rule is then they do not know their Forth Amendment Right. This makes answering this question harder, the Exclusionary Rule and Fourth Amendment works jointly for the United States and the citizens. The Fourth Amendment in the US Constitution limits the action of official law enforcement and helps keep the public rights from being violated for unreasonable searches or something close in that rang. This paper will define Exclusionary Rule, the rationale and purpose of the Exclusionary rule, the exceptions, cost and benefits and alternative remedies to the Exclusionary Rule and if we should keep or wipe out the Exclusionary Rule.
Since insanity is defined so arbitrarily, lawyers can protect their clients from their punishments with relative ease by dragging out the legal process for years at a time by using the insanity defense. To be protected with the insanity defense in many states, a criminal must take the M'Naghten test: failure to determine right from wrong deems the criminal insane (Cornell University Law School). Although some argue that people with mental illnesses cannot be held accountable for their actions, the greater concern should be for the overall safety for The United States of America because criminals who plead insanity can be a danger when released, legal definitions of insanity vary from jurisdiction to jurisdiction, Supreme Court has upheld four states' abolishing of insanity defense, and there is incomplete research on insanity. Shafer !2 Insane criminals who are found not guilty by reason of insanity are sent to mental hospitals to rehabilitate and treat their illness. The problem is that the criminals who are sent to a hospital and become "cured" could be a danger to society.
Johnson, R. & Tabriz, S. (2011) Sentencing Children to Death by Incarceration: A Deadly Denial of Social Responsibility. The Prison Journal, Gale 91.2, 198-204 In this mind-altering article Johnson brings to attention how there is ultimately two forms of the death penalty in American: death by execution and life without parole, better known as death by incarceration. In the case of Robert v. Simmons it was said that according to the supreme court juveniles cannot be executed, it violates the eighth amendment of cruel and unusual punishment. Therefore they are locked away for life, with no second chances. Rehabilitation is more successful in juveniles than in adults, which has brought to attention that death by incarceration should never be