and mandatory sentencing fall under the category of sentencing and punishment, an aspect of the criminal justice system which has a purpose to make decisions and impose fair and justly punishments upon criminals. Judicial guidelines are judgements for punishment given to judges for certain crimes whereas mandatory sentencing refers to legislation of parliament which place minimum punishments and sentences for certain crimes. Guideline sentences are found under the Crime (sentencing procedure)…
Sentencing Instructions At the conclusion of the penalty phase, jurors are instructed by the judge on how to determine the existence of aggravating and/or mitigating factors, as well Sources of Bias and Arbitrariness 117 learned from the judge’s instructions)? Jurors do rather well in understanding the criteria of proof for aggravating factors, as the criteria of proof fit with their expectations (Luginbuhl, 1992) Luginbuhl said revised instructions should put the life-or-death decision in…
The Crime Control Model is one that has been around for just about 50 years now and as it has progressed from its early days with Nixon to now it has progressed with the waves of crime. The most influential act set forth by the United States Government in an effort to control a growing crime problem was the Violent Crime Control & Law Enforcement Act of 1994. This act, according to the original bill itself, did many things such as banned assault weapons, added more offenses to the federal death…
One of the more recent issues we have in Canada is the passing of the Bill C-10. The Bill C-10(also known as the Safe Streets and Communities Act) is a law that passed in March, 2012. When the Conservatives introduced this bill they wanted to get it passed as soon as possible, so when they put it through The House of Commons, many people could not fully read through the bill and have a proper understanding of what it’s actually proposing. The bill has nine separate measures. The measures include…
drug-related crimes (Galston and McElvein). It is important to note the nature of crimes committed, especially involving drugs, because of another large flaw in the American prison system: minimum mandatory sentencing. Families Against Mandatory Minimums (FAMM) describes mandatory minimum sentencing as “laws that require the judge to give the offender a mandatory minimum prison term.” While some of these sentences seem reasonable, such as a life sentence for first degree murder, the minimums…
I believe that by making some changes to the mandatory minimum sentencing guidelines would in the long run make our justice system better able to serve the people. I know many of you, like I believe there should be no change to the mandatory minimum sentencing guidelines, but have you or I for that matter really thought through what that means for people like Lee Wollard or Trina Garnett? Lee Wollard didn’t hurt the young man, he protected his daughter and family, yet is spending twenty years…
The punishment and sentencing for crimes is a topic the solely varies case by case. Each case has its own severity to which a motion is carried out after someone is found guilty of any crime. Sentencing and punishments have been talked about in recent years. Sentences vary even when they are considered the same crime it just all depends on the different single aspects of it. Two people may have committed the same crime of stealing but in one case no one was held at gunpoint. That one little…
influencing the sentencing of women in England and Wales. The author is writing for judges, policy-makers, and the general public so they understand community sentencing of non-violent women offenders. The overall argument suggests that magistrates know very little about female offending, therefore practical improvements and training should be provided (Birkett., 2015). Specific arguments: 1. Sentencing choices 2. No legal training 3. Magistrates’ knowledge on community sentencing is…
that the government will look more into the American communities and try to give more opportunity and more rights to all the people in the nation. President Obama has already looking into the situation. The numbers of steps are “signing the Fair Sentencing Act.”(Hudson, David)…
purpose of each goal and the sentencing I will also explain why punishment is important and the sentencing meaning. Once the judge had heard all the facts and has found that the offender is guilty of the crime that he or she has committed then the judge will sentence that offender. Thus, meaning that the judge must decide on what sentence would be in the best interest. Once a sentence is put into place then the punishment can follow with it or if there was no sentencing then there will be a…