This writer addressed the patient's AWOL from yesterday as she reported that she overslept. This writer informed the patient about the risk of missing her dose as she is placing herself at risk for relapse, which the patient agreed to this writer comment. The patient admits to using crack cocaine by smoking, but only a…
Mr. Lee has had very busy past several months. He has been not been honest in his reporting to this provider and violated the following treatment rules: -If your offense involved children, you shall not be alone with minor males or females. Whenever you have prolonged social contact with minors, an adult that is approved in advance by your treatment provider and is aware of your offense history and the behavioral rules that you must follow when around children must monitor you. -You shall not consume alcohol or use illicit substances, including prescription medication that is prescribed to another individual. -You shall not engage in any romantic/sexual behavior with any individual without my prior knowledge and approval.…
ntake/status alert/R.O.I/ CalOMS The client came to us from DBH for a 30 to 90 day treatment episode. Client was cooperative during his intake process, and completed the necessary paperwork to be admitted into the program. Client reported during his intake that Methamphetamine was his primary drug of choice and that he has been abusing it for period of 3- years. Client reported that he was 21 years of age when he first started using Meth Client was asked how many days has he used Meth in the past 30 days ? Client reported that he has used Meth 1 day out full 30 days before coming to treatment.…
The first article is written by Cyndy Caravelis, Ted Chiricos, and William Bales (2011) called “Static and Dynamic Indicators of Minority Treat in Sentencing Outcomes: A Multi-Level Analysis” and the second article is called “Sentencing with Discretion:Crack Cocaine Sentencing after Booker” by Ryan S. King and Marc Mauer in 2006. In addition, the last article is by Mona Lynch and Marisa Omori (2014) called “Legal Change and Sentencing Norms in the Wake of Booker: The Impact of Time and Place on Drug Trafficking Cases in Federal Court” from the Law and Society Review. Summary Caravelis, Chiricos, and Bales (2011) examines the “Habitual Offender” using a hierarchical generalized linear modeling to look at the direct effects of race using static…
In 1994, California legislators and voters made a change in the state’s criminal sentencing law, known as Three Strike and You’re Out. This law was passed after several high profile murders were committed by ex-felons. These ex-felons made communities concerned that violent offenders released from prison would go on to perpetrate serious, violent crimes. The Three Strikes law had a minimum sentence of twenty-five years to life for three-time great offenders who had multiple priors of violent felony convictions. This law had longer prison sentences for certain repeat offenders and required sentence intensifications for convicted felons who had previously committed violent felonies.…
After the Sentencing Guidelines took effect in November 1987, defendants across the country began filing constitutional challenges to the guidelines. By 1988, 200 district court judges would rule the guidelines unconstitutional while 120 would rule the opposite (Nagel, 1990). In an important ruling in 1989, the Supreme Court upheld their constitutionality in Mistretta v. United States where the sentencing crisis was resolved and marked an era of determinate sentencing for years to come. With over 200 district courts challenging the Guidelines in whole or in part based on alleged violation separation of powers, the due process rights of offenders and excessive-delegation arguments, it easily survived the constitutional scrutiny for the next…
In the process of sentencing an offender, we follow a set of rules known as the due process which considers the severity of a sentence, what charges have been laid, court hearings, and whether or not an arrest should take place. Such primitive procedure is used to prove the fact that a person is innocent until proven guilty.…
Judges are limited in their sentencing discretion by statutory provisions, philosophical rationales, organization considerations, presentence investigation reports, and their own characteristics. There are many statutory provisions are indeterminate sentencing, determinate sentencing, flat-time sentencing, mandatory sentencing, presumptive sentencing and then the restitution that has been paid for the injuries that the defendant has caused. The philosophical rationales that limit are a judge are the criminal sanction penalties that have been set for violating criminal law. There are three organization considerations that limit the amount of discretion a judge has is he plea bargains that have been set, the capacity of the system, and the amount…
Hypothesis: although indefinite sentencing appears to ignore the rights of the individual in favour of the protection of the community; as one item of choice in a raft of sentencing options, it has improved the capacity of the criminal justice system to protect individual rights and keep peace and order in society. The Criminal Justice system is a system of laws and rulings aiming to protect community members and their property. It determines which events causing injury or offence to community members are criminal offences. Criminal offenders may be punished through the law by fines, imprisonment or community service.…
The mayor of ACME city has made a discretionary decision, based on her opinion of criminals getting off easy due to plea bargaining, to ban the practice of plea bargaining by prosecutors. This discretionary decision is based off of the opinion that criminals are being let off easy and not being properly punished through the process of plea bargaining. Nevertheless, this decision is not a decision that should be agreed with. The argument against the mayor’s decision will be demonstrated through the positive effects that plea bargaining has on courts including the defense, prosecution and judges along with their staff and resources. Secondly, the penalties of removing plea bargaining would not solve any crime problems but would create and inequality…
Sentencing Disparity among Men and Women Does sentencing disparity exist among men in women who are being sentence for violent, property, and drug offenses? Is sentencing disparity based on race or what ethnic group you belong to? Does judicial bias really take place in the sentencing process? If you are convicted of a crime, the best thing you can having going for you is your gender. Fair sentencing is individualized sentencing.…
The most plausible reason for racial disparities regarding sentencing is that minorities “are more likely to be subject to facially neutral laws and policies that prescribe more severe sentences or sentence enhancements” (Walker, Spohn and Delone 2012:286). For example, police patrols in a minority-housing complex on one shift disregard anyone with a joint or two when they search an individual. Occasionally they may write a summons to court therefore the residents get comfortable that they have that leeway. Then as the next shift arrives, after leaving a domestic disturbance where they had a standoff with a suspect. Even though they may have diffused a potentially dangerous situation, they arrive supercharged with adrenaline, angry, and in a status of hypervigilance.…
Before committing a crime, would you think about how much time you would spend incarcerated for it? During colonial times, criminal sentencing in America was introduced initially on retribution and then later on in prevention. By the late 1800s, sentencing in America had become dominated by rehabilitation. The goal of criminal punishment was to transform the offender by changing their ability to commit crime again. In order to accomplish this, sentencing needed to be uniquely flexible per individual.…
In the following the writer indicates what judicial discretion is. What is “judicial discretion is in sentencing?” Judicial discretion gives judges the right to use discretion when sentencing the offender to prison or jail. Over the past decades judicial discretion has waned and more decisions are made by a jury in criminal courts. The fact that most sentencing hearings are now decided by juries gives the offender the chance to fight for themselves.…
The criminal justice system maintains different goals when attempting to correct deviant and illicit behavior. In accordance to the sentencing guidelines established by United States Sentencing Commission (2011), punitive sentences are to incorporate a purpose for the sentence. Criminal sentencing can be categorized into six areas with distinctive goals: general and specific deterrence, incapacitation, retributive, rehabilitative, and equity/restitution. The sentencing goals are not exclusive and at times overlap in achieving its purpose. Furthermore, one goal is not better than another, but rather one would be more applicable in certain situations than another.…