It also imposes life in prison for a third conviction. II. Proposition 184, the three strikes law, was imposed to sentence repeat criminals with harsher sentence A. California’s current “three strikes” law B. The original law was approved in 1994 C. The California Supreme Court has judges presiding over such cases D. Proposition 36 went into effect on July 1, 2001 III. Pros and Cons on the “Three Strikes” law A.
| Protection From Harm Or Danger | Both the service user and the service provider have the right to be in a safe environment. Both should be protected from harm, this can be done in many ways such as having the right amount of staff. | To Be Treated Equally And Not Discriminated Against | Equality is where every individual is treated equally no matter what their age, gender, culture, nationality, etc, and that everyone is given equal opportunities and is not discriminated against. | The Right To Confidentiality | Service providers have lots of confidential information of the service users and
An article published by the A-level law review, written by Ian Yule and entitled ‘Murder most foul?’ has two very important statements in the opening paragraph from people or groups who have first-hand knowledge of what is failing the British legal system when it comes to the decisions regarding cases of murder and voluntary manslaughter. Ken Macdonald QC, the director of public prosecutions, stated that ‘There should be degrees of homicide, not just murder and manslaughter but three or four degrees’. It is evident that our existing homicide laws are in urgent need of reform when even the Director of public prosecutions criticises them. The second is from the Law Commission itself in 2004 published a report relating to the partial defences for murder declaring ‘the present law of murder in England and Wales is a mess’ and also in the same report the Law Commission said that there was ‘a pressing need for a review of the whole law of murder rather than merely some partial defences’. The current law serves to confirm and underline how seriously flawed the present law on homicide is.
2 ALTERNATIVES TO INCARCERATION E.M.U. SCHOOL OF POLICE STAFF AND COMMAND Sergeant Shane Ptak Ferndale Police Department Ferndale, MI An applied research project submitted to the Department of Interdisciplinary Technology as part of the School of Police Staff and Command Program Class #16 September 19, 2003 3 ABSTRACT The Phrase “Alternatives to Incarceration” continues to attract both praise and criticisms from politicians, the public, the news media as well as criminal justice professionals. For years, the judicial system has complained about overcrowding and disparities within its jails and prisons. The push in the last few decades has been to find ways to deal with persons convicted of crimes and where to put them. Recent events in the United States have led to a number of calls for the abolition of conditional releases from prison.
The purpose of this paper is to discuss the penitentiary ideal and the two models of American prisons. The Unites states prison system have been used as a tool to punish offenders who have interrupt and broke the law. There are state’s prisons house offenders who are convicted of felony offenses. Prisons have been built in the seventeen hundreds in the United States as a form of physical punishment authorization and penalties are often justified by different rationales and philosophies, today the importance of most states prison system is to reinstate criminal offenders, while other states prison are only interested in incapacitating and punishing criminals, each of these states prison have its own written policy and procedure concerning its operation and management, most states prison system are considered to be tough on criminals while others considered to be merciful, Penitentiary – a prison that was designed and built in order to provide the kind of penitentiary they thought best for rehabilitating prisoners., prison is a place where people are held before their trail or while awaiting punishment. Most prisons are badly maintained and often controlled by negligent prison warders Many people died of diseases like gaol fever, which was a form of typhus.
“In 1980 federal district judge William Wayne Justice issued a ruling in a class action case, Ruiz v. Estelle, filed by inmates in 1972. Justice's ruling, which determined that conditions of confinement violated the Eighth Amendment of the United States Constitution (the prohibition of "cruel and unusual punishment"), required the state to reduce overcrowding, improve prisoner rehabilitation and recreational programs, and refrain from practices deemed detrimental to the prisoners' safety and welfare.” (Lunko,2012). Mental health disorders and Golden 2 substance abuse issues are just now being treated in prisons and jails.
In some states, the individual must be convicted of two serious felonies for the three strikes law to apply, while in others any felonies count towards the third strike. Critics of the three strike law express many strong arguments against their harsh legal statute. Our society has ultimately had an issue with the three strikes law. Some people have said that the law “destroys the flexibility of the courts and the judge, it is unjust in certain conditions, and it adds more criminals to an already crowded and expensive criminal system”
Mandatory minimum sentencing practices, or truth-in sentencing, are a popular topic for debate in America’s criminal justice society. These laws require offenders to serve a substantial proportion of their imposed prison sentence. The goal is to incapacitate serious offenders and better promote public safety by doing so. The effectiveness and constitutionality of such practices are questionable, therefore leading to a formulation of many opinions on the issue. Although the debate has gained popularity in the relatively recent future, mandatory minimum sentencing has roots that date back to the 18th century with the enactment of the first penal code.
In 2003 the Prison Rape Elimination Act was passed. “The purpose of the act was to provide for the analysis of the incidence and effects of prison rape in federal, state, and local institutions and to provide information, resources, recommendations, and funding to protect individuals from prison rape.” (Prison Rape Elimination Act 2003) Any established prision units were then notified “ The standards set forth in the final rule are binding on the Federal Bureau of Prisons. With regard to states, those that do not comply with the standards are subject to a five percent reduction in funds they would otherwise receive for prison purposes from the department unless the governor certifies that five percent of such funds will be used to enable compliance in future years. No organization responsible for the accreditation of correctional facilities may receive any federal grants unless it adopts accreditation standards consistent with the standards set forth in the final rule.”(DOJ 2012) With the following of this act the PREA commission was
After the attacks Congress passed the U.S.A Patriot law to increase investigations on terrorist (Wilson, 2009). In 2004 Rusui v. Bush and Hamdi v. Rumsfeld placed limits on the government ability to detain individuals as terrorists; detainees must have access to neutral courts. In summary, the American legal system has evolved over hundreds of years of historical events, landmark cases and applications of our constitution. Our current system of law has its origins in England’s writ of Habeas corpus and Bill of Rights. Due process is essential component to providing citizens protection against government abuses of power.