Sentencing

1970s, indeterminate sentencing for criminal offenses was the standard in the United States ' legal system. A parole board was responsible for determining whether or not a prisoner was eligible for early release based on a variety of factors, including good behavior and signs of rehabilitation. In the late 1970s and early '80s, many states shifted to a system of determinate sentencing; however, in recent years’ states have begun to reassess the value of determinate sentencing, and may…

Circle sentencing is an alternative method of sentencing adult Indigenous offenders. It involves the local Indigenous people to get directly involved in the process of issuing sentences to the offenders, with aims of making the criminal justice system a little more meaningful and also confidence improving. In February 2002, Nowra in New South Wales was to trial circle sentencing for Indigenous offenders. In the first 12 months of the trial’s operation, it is revealed that circle sentencing in…

The phrases non-custodial sentence, community sentencing and alternative sentencing are commonly used interchangeably to refer to the same concept. Community sentencing is phrase used in criminal justice to punish offenders that have been convicted without using either capital punishment. Community sentencing is subdivided into different categories such. The first type of community sentencing is compulsory work where offenders are required to work for a local community for up to 300 hours by…

minimum sentences, and what affect have they had on correctional populations? What are some of the criticisms of these sentencing practices? Mandatory minimum sentences are the amount of time a prisoner must spend in jail. Mandatory sentencing is typically used for people that are convicted of a violent crime committed. Some inmates are surprisingly given mandatory minimum sentencing for drug possession. Often criticisms are involved with citizens feeling this shouldn’t apply to drug possession…

To begin with, sentencing is a vital part of the criminal justice system. There are several types of sentencing such as probation, jail, or even community service. When it comes down to jail or prison time, there are two different categories of prison time which is indeterminate and determinate sentencing. This paper will highlight the differences between the two, pros and cons of each and examples to further explain it. Furthermore, indeterminate sentencing according Slobogin, is the setting…

2014, our prison population has risen 408%, partially as a result of mandatory sentencing that came about during the "War on Drugs." Mandatory minimum sentences take away the freedom of judges in sentencing, who are bound by statute to place the convicted behind bars. Existing statutes don’t allow judges to hand down alternative punishments, nor give them the option to prescribe treatment instead. Mandatory sentencing and increased punishment were enacted when the United States Congress passed…

Sentencing recidivist offenders: a challenge for proportionality There is very few social problems that create as much public interest as the issue of crime and the treatment of criminals An even more bothersome problem of the authorities is one of the more vexing problems faced by authorities in the criminal justice system is the presence of certain individuals who have previously been convicted and have served their sentence but appear seem quite likely to commit further, serious crimes when…

you already know the United States has the highest percentage of its population behind bars compared to any other country. This may be related to the fact that a majority of petty crimes require mandatory sentencing. Politicians such as District Attorney Dan Conley believe that mandatory sentencing is an efficient way to protect the population from corrupt individuals as well as decreasing crime rates. However, housing all of these individuals is not cheap, the funding for this endeavor is taken…

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…

Demuth, S., & Steffensmeier, D. (2000). Ethnicity and Sentencing Outcomes in U.S. Federal Courts: Who is Punished More Harshly? American Sociological Review, 65(5), 705-729. This particular study looked at the relationship between inequality and criminal punishment. Their research led them to develop three hypotheses. First, disadvantaged treatment by legal agents occurs because they lack the resources to resist applying negative labels. Second, the behavior of disadvantaged/minority offenders…