Again, security guards apprehended Andrade as he was exiting the premises. Police subsequently arrested Andrade for these crimes. These two incidents were not Andrade’s first or only encounters with law enforcement. According to the state probation officer’s presentence report, Andrade has been in and out of state and federal prison since 1982. In January 1982, he was convicted of a misdemeanor theft offense and was sentenced to 6 days in jail with 12 months’ probation.
Prior Proceedings: Mr. Miranda was found guilty in the Superior Court and sentenced to 20-30 years for each crime and sent to prison. Mr. Miranda appealed this conviction in the Arizona Supreme Court and they affirmed the conviction stating Mr. Miranda’s constitutional rights were not violated. The U.S. Supreme Court granted certiorari and reversed the decision. Issues Presented or Questions of Law: When a person is arrested or questioned in relation to a crime, is it a requirement for law enforcement to explain the 5th and 6th Amendment rights to the suspect. Arguments or Objectives of the Parties: Because of the pressures related to interrogations, it’s imperative that the suspect have his/her constitutional rights clearly explained to them prior to any questioning.
Determinate sentences involve sentences that have a fixed or flat time (Jirard, 2009). Determinate sentences play a large part in the increasing number of individuals in prison, which, as you can imagine, puts more strain on prisons financially. In the past two decades, we have become increasingly “tough on crime” which has helped to decrease crime to a certain extent. According to an article in the New York Times (2008), the US has fewer than five percent of the entire world’s population, but almost twenty five percent of the world’s prisoners (Liptak & , 2008). The author of the article goes on to say that people in the US are sentenced to do time for crimes that would not produce such a sentence in other countries.
However they put him on trail as he looked like the criminal. This case simply summarises why capital punishment should not be brought back to the UK. A man not guilty of a crime or offence was put to death. My last point is that capital punishment is too expensive and imprisonments have their advantages. For example, New York spent about $170 million over 9 years and had no executions [1] .California could save $1 billion over five years by replacing the death penalty with permanent imprisonment [3].
The Comparison Between Prison and Slavery by John Dewar Gleissner The fairly new term, "mass incarceration," means that the U.S. has 2.2 million prisoners, more than any country in the world. A greater percentage of the U.S. population is in prison than in any other nation. The U.S. has 5% of the world's population and almost 25% of the world's prisoners. The entire U.S. correctional population, including those on probation, on parole and awaiting trial, is about 7.3 million Americans. These eye-popping numbers came about for many reasons: mandatory minimum sentences, three-strikes legislation, illegal drugs, gangs, immorality in all its modern forms, the war on drugs, the decline of marriage and families, high rates of recidivism, incarceration of the mentally ill, the decline of capital punishment, problems with the criminal justice system and all the forces pushing tough crime policies.
CJUS440-1403A-02 The Laws of Evidence Types of Legal Evidence Phase 1 Individual Project Instruct: S. Jefferson Monday, July 7, 2014 Tammy Wall Case Brief: Brady v. Maryland and Giglio v. United States Brady v. Maryland Facts: Petitioner was convicted of murder in state of Maryland after confessing to being involved in the planning and commission of the crime. Petitioner claims he did not commit the actual murder and should be held less culpable then his accomplice. Defense counsel argued the defendant should not be sentenced to death but should receive a lesser charge of life in prison. Defense counsel requested all accomplice statements prior to trial concerning his confession to the murder. The prosecution turned over the information but withheld one document.
Special populations create a lot of challenges for the prison environment. For example, mental illness. A. Lutz in her article 'Life Is Hard For The 1.3 Million Mental Patients Behind Bars In The US' states "There are 1.25 million mentally ill inmates in the U.S. justice system, according to the federal Bureau of Justice Statistics.' (Lutz, 2012). That's compared to only 40,000 in mental hospitals."
An interesting study from the FBI uniformed crime reports from 2006 to 2010 shows 54% of rapes/sexual assaults go unreported. 3% of those reported actually serve time in jail. In the same study done by the FBI, out of every 100 rapes, 46 get reported, 12 lead to arrests, 9 get prosecuted, 5 lead to felony convictions, and 3 will spend even a day in jail. (1) Surgical castration is any action, surgical, chemical, or otherwise by which a male loses the functions of the testicles or a female loses the functions of the ovaries. Chemical castration is the administration of medication designed to reduce the libido and sexual activity.
With a national population of over 304 million people, that is around 16,000 murders for 2008 alone. Admittedly, not all of these murders occurred in states where the death penalty is in use, however, of the ten states with the highest murder rates, eight of them are death penalty states (FBI, 2008). It is true that violent crime trends have decreased over the past five years, however, it is important to remember that the violent crimes being committed the most are in areas where the criminal is risking death at the hands of the state. This alone shows that criminals have no regard for a state’s policy on the death sentence, which proves that the penalty has lost its effectiveness as a deterrent. The death penalty has been the most severe punishment for crimes since the 18th century BCE, when King Hammurabi of Babylon held 25 crimes by which a criminal could be put to death.
Despite having assembled the same team of lawyers that had successfully defended O.J. Simpson during his murder trial, Downey was still sentenced a three year prison term at the California Substance Abuse Treatment Facility and State Prison. In July of 2001 Downey pleaded no contest to the Palm Springs charges and avoided jail time. He was put on a three (3) year probation and was sent to drug rehabilitation. Though Downey Jr. had gone through some very rough patches in his career, he managed to pull himself back up and regain his former glory.