Commerce law assessment task 3- Lachlan O’Malley Mandatory Sentencing in New South Wales 1. Mandatory Sentencing- a mandatory sentence is a court decision where legal discretion is limited by law. Most frequently, people convicted of certain crimes such as armed robbery or murder must be punished with at least a minimum number of years set in prison. 2.…
My sentence for Steve would be community service, probation ,and home confinement. In the state of Ohio a third degree felony is punishable with a 1-5 year prison term and the maximum fine is $10,000. However, considering that Steve has no criminal record he would not get as harsh as a sentence if he did have a criminal record. I would give Steve more of a stern sentence because hazing seems to be a big issue on the campus. If complete leniency is given other people might continue to haze because they are not really getting punished.…
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.…
The United States Congress has granted the Sentencing Commission to conduct research and collect data collection. There instructions were to “develop means of measuring the degree to which the sentencing, penal, and correctional practices are effective in meeting the purposes of sentencing” (Barkow, 2013). Guidelines are limited because the only govern judges and parole officials but lack the appropriate regulations to govern prosecutorial discretion. Congress have been known to ignore findings provided by the Commission. Their recommendations fell on death’s ears when it came to the Commission proposing to eliminated the disparity between sentences for usage powdered and crack cocaine in in the mid 90’s.…
Stanford University law professor Herbert Packer’s models analyze two contrasting standpoints of the way the criminal justice system is, or should strive to, be. The two split positions charted by the Crime Control and Due Process models seek to describe perhaps the two most prominent positions in regards to the power and influence of the criminal justice system: that the safety of the community should be valued over all else, or that the rights of the individual are the most important values to uphold. These ideological conflicts remain the forefront of problems within the criminal justice system, and understanding each persuasion is essential to analyzing and overcoming differences in each stage of the criminal justice process. The Crime…
Due Process is a term used in the special education community to describe the process where parents may disagree with the program recommendations for the student by the school district. Under IDEA, there are two ways to resolve a dispute, mediation or fair hearing. A due process does not mean the student is removed from school. Both parties can still work together toward a common goal and many due process cases are dropped by the petitioner. Due process normally starts when a guardian feels that their student is not receiving a free appropriate public education (FAPE) that meets the requirements of the student’s IEP.…
Then you have the judge who oversees the process and that the offender gets a fair trial, that any plea agreements are fair for the offender, and then the judge sentences the offender if found…
The United States NY Federal drug sentencing guidelines compel disproportionately harsh sentences with a primary focus on racial disparity among poor communities. Drug crimes account for 51% of the offenses in federal prison and of the 195,933 federal inmates 69.7% of those individuals are African Americans and Hispanics. That is nearly three quarters of the total prison population. This exhibits the racial disparity within the prison system. Studies from Rehavi of the University of British Columbia and professor at The University of Michigan explains that the racial gap and discrimination of African Americans to White Americans are due to mandatory minimum filings by the prosecutor; black males are twice as likely to be affected by these…
As I am a deaf person myself. I was born as profoundly deaf and the reason was unknown. It was probably my ear didn’t develop yet when my mom gave a birth to my sister twin and me earlier. Deafness means people can’t hear or speak. The word of deafness itself is automatically the part for the disabilities in hearing peoples’ view.…
Notably in the United States, another way to oppress individuals, especially minorities is through the criminal justice system. The effects of the incarceration on this particular group is felt within the African American community; these individuals have adapted the mind set of not being able to trust anyone, especially the law since they are always targeted by police officers, who in actuality are given the power to protect and serve. African Americans’ not having the ability to fall back on the police force exemplifies why the police department needs to be redeveloped. Being that this is the career path that I wish to follow, my expectations that the police department should engage in- will be the policies.…
The Criminal Justice System is composed of two conflicting models, the due process model and the crime control model. The crime control model has a goal of maintaining social order and preventing crime, while the due process model focuses mainly on the rights of the individual. With law enforcement using quickly advancing and emerging technology like drones and super squad cars, there are disputes about each model due to issues of misuse of police powers and privacy concerns. These debates involve which model is more adapted for the well-being of society and, which model overall is better for reaching the main goals of the criminal justice system. Both models have similar goals of preventing crime and protecting the public, but the way in which these two models succeed those goals slightly differ.…
American prisons approach on deterrence and rehabilitation of the inmates prove to be inefficient. This conclusion is reached by viewing the rate of deterrence from crime after being sentenced. Also observing minimal sentencing procedures reveals the invalid claim of deterring crime. These sentences have shown to be a waste of public taxes, and an unfair punishment put upon several people. The conditions in the prisons themselves do not allow the full ability to rehabilitate.…
Sermonfils E Dor 1.Describe and distinguish among the three approaches to studying criminal justice systems by taking an international perspective. Comparative criminal justice is a subfield of the study of criminal justice that relates different justice system from around the world. There are three different ways of studying criminal justice systems. Each of these approaches encounter various beliefs of different societies. The criminal justice systems have changed and transformed over time.…
It’s impossible to know what the future holds for the American justice system. The intentions do not determine the future but it’s the uncontrollable events that lead us to pursue the goals. The crime control through due process model appears to be the best strategy to deal with crime in the days ahead.…
American Judicial System There is no system as unique as the judicial one. In contrast to the American judicial system, since the first days of the united states as a nation there is always has been a government, back in the days the first one was named confederate government the local courts were stronger than the central one. Nowadays it all changed for better and the federal system of a government was created where the central guide the local ones. The Judicial System also known as ¨ the judiciary ¨ is a system of courts that understands and applies the law in the name of a state or in any federal court. There are three jurisdictions first the original, they have the authority to hear a case for the first time; limited, which role is to…