" This is a dangerous aspect of the three strikes law, reducing the courts power to consider individual circumstances could lead to unnecessarily long prison sentences for some but on the other hand will ensure hardened criminals don’t get off easy. Overall Shicor concludes that the three strikes law results in inefficient and unpredictable outcomes but I believe those results have more to do with the current construction of our legal
Unfortunately, our society has resorted to the use of plea bargains due to the expenses of a jury trial. Pros and Cons of Mandatory Minimum Sentencing To every situation or argument there is a list of pros and cons. The following are a few of the arguments for and against mandatory minimum sentencing. Pros: (1) Keep judges from giving useless sentences, such as probation for child molesters, (2) The potential cost of committing crimes is clearly laid out, which may actually deter someone who is aware of those minimums, (3) They can also help reduce the case load at courts through plea bargains. Cons: (1) Disproportionately affect minorities, (2) Increase prison population, (3) eliminates judicial discretion so the punishment does not always fit the crime.
An example of the state committing an unjust act against the individual was evidenced in the recent Troy Davis case. Even if Davis was guilty, there was enough doubt for the state to delay his execution in order to determine the best course of action to take. This is just one widely recognized example, there might be many more examples of unjust acts committed by the state. Should for some reason Troy Davis had been broken out of prison against the will of the state, once again Socrates would not justify this. It's situations such as this that makes me not believe in legal obligation to the extent which Socrates does where it's almost absolute.
So, while politicians talk about the “desperate prison crisis”, we should think about where the actual desperation really lies. The problem is that we need to stop incarcerating vast amounts of non-violent offenders for 25 years to life. Non-violent criminals with minor offenses should not be dictated under the three-strike law. Even with this simple change in the three-strike law, our society would save more money funding other alternatives such as prime prevention strategies. These strategies include programs designed to reduce repeat victimization in domestic burglary, theft, and any other violence.
Sentencing and Punishment Essay Casey Dempster Justice Spigelman’s comment clearly states that in terms of achieving justice within sentencing and punishment, the judge has a significantly challenging task. The judge is required to consider the reasons for punishment, types of punishment, punishment for specific crimes, as well as aggravating and mitigating factors. In the past, some judges have been heavily criticised on their particular discretionary judgements, resulting in various reforms which have occurred within the legal system in attempt to overcome this. The Crimes (Sentencing and Procedure) Act 1999 (NSW) being the primary source of legislation that outlines the law regarding sentencing and punishment. These reforms have also taken place in order to
Their misbehaviors are likely to have been originated from childhood emotional traumas. They should be helped by lessons or rehabilitation, not by sentencing them to jail, which will only be an even worse influence for growing adolescents. Harper claims this will protect the public from “out-of-control” teenagers, but this is not a right method to solve the problem. Although the omnibus crime bill consists of nine bills, there are more measures expected to come, such as more police power so that they can conduct Internet surveillance. That is a violation to the Canadian Charter of Rights and Freedom.
It seems like the answer is different in every juvenile court, and it actually depends on the serious of the crime and the background of the juvenile is what it goes by. It’s an area that most people don’t like to touch, let alone argue about because there are just too many differences that could be used as examples. As a court system, they should start looking at crimes case by case, but history has proven that its bound to change, and it could end up being a more serious punishment for our juvenile justice
On the contrary to this common misconception, the “proceedings after trial never again directly involve the question of whether the defendant is actually guilty” (38). Their guiltiness, after established in the first trial, is treated as a fact and not open for debate during the following court dates. Other pro-capital punishment individuals believe that killing a criminal is a deterrence of crime when in fact, that is far from the truth. There are studies that show that “the consolidated murder rate in states without the death penalty remain consistently lower than in the states that have had executions …as a result, some sociologists have suggested that executions actually inspire murder” (58). Along with doing nothing to minimize criminal activity the death penalty actually desensitizes the public to what were previously viewed an heinous acts making them more socially accepted and considered a normal part of life.
The Australian criminal law has not been viewed as culturally neutral in its treatment of indigenous Australians in the past, and, as is evident through mandatory sentencing laws in Western Australia and the Northern Territory, continues to be racially biased, discriminatory and disproportionately strict in its treatment of Aboriginal Australians. OBJECTIVES OF THE CRIMINAL LAW The ultimate object of criminal law is to protect the community from crime. But there are many other relevant considerations. Community protection is a primary consideration in sentencing , but it will be weighed against the personal characteristics and circumstances of the offence and the offender . The common law does not sanction arbitrary detention.
Clem’s statement is unconstitutional, immoral, and is inappropriate for the criminal justice system.seeing a former House Representative as well as an attorney stating such things just will construct an apocryphal government in the future. Clem might only be one of many thinking like this. Systematic biases in the operation of the death penalty exists at both the state and federal level. It’s efficiency, equality, morality, productivity, clemency, constitutionality and implementation overall are dissensions that have been elements of the larger query of is the death penalty acceptable to be utilized? I have concluded that the death penalty is erroneous and incongruous in society today, but whether the death penalty utilized or not.