Rape And Burglary As A Post Incarceration Supervision

Judges and magistrates must consider a wide variety of factors when determining a sentence for an offender. Primarily, the sentence must coincide with the statutory guidelines e.g that set out in the Crimes (Sentencing Procedure) Act 1999 (NSW), and the judicial guidelines that set precedent for all judges and magistrates in the state. Within this legislation are the purposes for which a sentence may be imposed, types of penalties, minimum/maximum sentences and mandatory sentences.

The offender must have some type of punishment for the action he or she chose. Deterrence is a type of sentencing that prevent future actions of crimes. There is a general deterrence and specific deterrence. Specific deterrence is punishment that prevents the criminal to commit additional crimes by enforcing fear. "Back in the day", depending on the crime, the criminals would get parts of their body removed. For example, rapist were castrated. General deterrence is when examples are shown to prevent someone, that is contemplating on committing crimes, to change their minds. Sometime's when a person is put in jail it does not change their criminal minds.

After a defendant is convicted or pleads guilty, a judge will then decide a suitable punishment (or sentence) during the sentencing phase of a criminal case. There are varying outcomes that can influence sentencing offenders, they can range from probation and community service to prison and even the death penalty. Minor infractions, misdemeanors, or offenders who plead guilty usually get sentenced almost immediately after ones convictions. In complex criminal cases such as serious felonies, the sentencing judge will usually receive input from the probation department which prepares a pre-sentence report with recommendations. Prosecutors and the defense will also speak to the judge regarding to ones convictions. There are several factors that a judge can choose from when determining a criminal sentence. These include: Does the offender have prior criminal history; Was the offender an accessory or the main offender; Was the offender under any personal stress or duress when the crime was committed; Was anyone injured; Was the offender cruel to a victim, or destructive in nature, did the offender display remorse or regret for crimes. However, not every conviction means a trip to prison. Judges in most cases have a great deal of discretion when determining a sentence. Some of these alternative sentences can include suspended sentences, community service, probation, deferred adjudication, and even fines or restitution. Furthermore, multiple sentences can be served

Mandatory minimum sentencing laws are fundamentally un-American. The Boston University Law Journal states that “mandatory minimum sentences provide plenary decision-making power to prosecutors of the executive branch, while heavily restricting the discretion of the judiciary”(Riley, 2011, p. 286). This significantly weakens the checks and balances of the criminal justice system. This means that mandatory minimums are in conflict with the

1. Mandatory minimum sentencing is a protocol made to provide accurate sentencing for a crime. The purpose is to provide a standard where judges cannot reduce sentences, in order to encourage a fairer judicial system.

In the article “Mandatory Minimum Sentencing: A Failed Policy,” the author highlights how mandatory minimum sentencing is a policy that has failed in attempt to put an end to drug crimes. Batey stated that the attempts of federal and state thought that they could “get tough on crime,” particularly drug offense, by eliminating the sentence discretion of judges and restoring it with long minimum sentences that applied regardless of defendant's individual circumstances (Batey 24). Moreover, the mandatory minimum sentences take authority away from the judge and give it to the prosecutor, who decides whether to charge the defendant with a crime carrying a long minimum sentence or much less offense. Withal, mandatory minimum sentences have failed due to giving America’s power too much power in plea bargaining, an imbalance that has led to the incarceration of persons too fearful to insist on a hearing that might have released them (Batey 25). Finally, Batey mentions that mandatory minimum sentence policy has filled prisons with the wrong people, which are minor players, not drug kingpins, and even some who are innocent (Batey 25).

When a defendant is found guilty of a crime, it is the court’s role to decide upon a sentence that should be given to the offender. Typically, Magistrates and Judges are the main people that decide on sentences in the legal system. During the sentencing phase, there are specific rules by government that have to be followed when deciding on penalties and sentences. Every crime is given a maximum sentence, which is set based upon the type of crime committed. The four categories of sentencing are: custodial sentences, community sentences, fines and probation. There are also noncustodial sentences set in place as well. Furthermore, I will go into depth about the different sentencing that is used by the

The main arrangement of rules was submitted to Congress on April 1987, and got to be law in November 1987. Somewhere around 1987 and 1989, more than 300 difficulties to the dependability of the rules and the Sentencing Commission blocked full across the country usage. Concurrent to the improvement and usage of the government sentencing rules, Congress instituted various statutes forcing required least sentences, generally for drug and weapons offenses, and for recidivist offender (McMillon, 1993). The Sentencing Commission drafted the new rules to suit these compulsory least procurements by tying down the rules to them. The United States Sentencing Commission, predictable with the command built by Congress, proclaims rules and revisions to the rules in an iterative manner. Alterations reflect changes in statutory maximums, new mandates from Congress to the Sentencing Commission, experimental research on the usage and impact of rules, the changing pattern of crime, developing case law, in need of a change in prosecution, and advancements in learning about viable crime control. In distinction, mandatory minimum sentencing required a large single-shot attempt at crime control proposed to deliver sensational results. They need, in any case, an implicit instrument for assessing their adequacy and simple conformity. Additionally, it increases the disparities in discipline among racial groups (McMillon,

Mandatory minimum sentencing is the minimum time for certain crimes, usually drug related crimes. For most of the 19th and 20th centuries, there were no mandatory minimums with sentencing (Evan Bernick and Paul Larkin, 2014). In 1984, Congress chose to modify sentencing with the “Sentencing Reform Act”. This Act also included the “Armed Career Criminal Act”, which requires a minimum of 15 years for illegally carrying a gun (Charles Doyle, 2010), and the Act also increased punishment for the use, possession, transferring, and growing of marijuana. This Act also allowed Congress to limit courts power of leniency with crime (Evan Bernick and Paul Larkin, 2014). Mandatory minimums mainly affect drug related crimes. However, some gun and pornography crimes also have mandatory minimums (FAMM, 2014).

Mandatory minimum sentences are useful in fighting the war on drugs, as they prevent prejudice in the courtroom. According to Keep Minimum Sentencing, to Discourage Criminals, one prosecutor witnessed a judge say, “I know you lied in your testimony, but I understand why you believed you had to do it.”[Text   ] Lots of judges put in their personal opinions when deciding the sentence for a criminal, and this ends up being unjust, as it means a great deal of criminals won’t have to face all the consequences to their actions. It is not uncommon that a judge feels sympathy towards a defendant and decides to give him/her a less hefty sentence. Incorporating mandatory minimum sentences into the justice system puts a stop to this. A criminal has to reap what he sows and cannot evade the ramifications of his actions because of a judge’s bias or

A mandatory minimum sentence occurs when judicial discretions are limited by law (Famm). Those who are convicted of certain crimes must be punished with at least the minimum number of years depending on the offense. Amanda Dollak who received her criminal justice degree at CTU, states “Mandatory sentences require every individual to receive the same punishment for similar offenses, regardless of how much a judge may object to the sentence”. These mandatory sentencing laws however vary from state to state, and in other countries. In 1994 California introduced a policy called “3 strikes you’re out”, which meant after a third criminal conviction the arrested person would be

This can lead to corrupt convictions due to coerce guilty pleas to lesser offenses. This basically gives too much power to prosecutors who use the leverage of mandatory minimum sentences as a bargaining tool. This can be done through false testimonies from a defendant who would probably be going to prison anyway but will lie for a lesser sentence (Batey, 2002). As stated by Batey “Another major reason why mandatory minimum sentencing has failed is that it has given America’s prosecutors too much power in plea bargaining, an imbalance that has led to the incarceration of persons to fearful to insist on the trails that might have acquitted them” (Batey, 2002. P. 2).

The model for criminal sentencing is a way of giving sentencing for criminal sanctions. (Schmalleger & Gmykla, 2015). There are generally 5 types of models that the guidelines are based from. Determinate sentencing based from a fixed or determined amount of time. Indeterminate sentencing where some form of administrative services decide how long and under what guidelines the sentence will be served in. Presumptive guidelines are a set guideline that sentencing must follow in order to be upheld and Voluntary/ Advisory guidelines are based on past practices. Lastly, a mandatory minimum sentence is the minimum amount of time the convicted may serve based on previous convictions for the same or similar crimes.

Sentencing models are plans or strategies developed for imposing punishment for crimes committed. During the 19th century these punishments were normally probation, fines and flat sentences. When someone was given a flat sentence, he or she had to serve the entire sentence without parole or early release. However, by the end of the 19th century the new models were developed. These new models include indeterminate, determinate, advisory/voluntary guidelines, presumptive and mandatory minimum sentencing (Schmalleger & Smykla, 2011).

As stated above, as a criminal justice major, academically, I have gained the ultimate development and background of the Criminal Justice System and its practices from my Intro to Criminal Justice and Criminal Law class; how they implement the laws and apply them to crimes, offenses, and offenders. The whole concept of the criminal justice system is to uphold social control, deterring and mitigating crime, or execute sanctions for people who violate the law. Throughout my Criminal Justice courses, I found certain concepts interesting; the concepts that I found most important surrounding the Criminal Justice System were Deterrence, Rehabilitation, and Punishment. These three major factors are substantially the main functions and focus in regards to offenders. Deterrence, rehabilitation, and punishment are elements that help offenders readapt back into society so they can reestablish all of the mechanisms they need to be successful. They prevent future crime, implement reconstruction, and issue consequences. They are significant and crucial factors that the criminal justice system used to promote safety, change, and justice. Deterrence focuses on future behavior by both individuals and society. As a result of offenders receiving punishment, people will deter or discourage from committing crimes in the future. The hedonistic calculus argued that harsher punishment for committing a crime will cause pain rather than pleasure and crime would be prevented (Seiter, 2017). It is basically the concept of making the punishment outweigh the reward or pleasure. I learned that they are two kinds of deterrence which are specific and general deterrence. Specific deterrence is preventing an individual offender from repeating the same crime over in the future while general deterrence focuses on society as a whole and prevent them from committing a crime in the future (Seiter, 2017). The criminal justice system also believes that it is important to focus on the offender's attitude and behavior and tries to improve them for the can reenter into society as law-abiding citizens (Seiter, 2016). Because of my Corrections class, I learned that correctional facilities have all sort of programs the deal with drug/alcohol abuse, mental