The family has been determined indigent for services. Samkisha has received public defender services for her criminal matters and Mrs. Beale has received Medicaid since she was 16 years of age. Mrs. Beale disclosed she is court ordered to receive child support in the amount of $202 per month from Mr. Robinson for Samkisha, but stated he seldom make payments of such. She also reported she receives unemployment in the amount of $204 per week and Social Security Income (SSI) for Samkisha in the amount of $670 per month.
After legal challenges began on behalf of defendants disputing the constitutionality of the Sentencing Reform Act and the Guidelines, the Commission was given the task of monitoring the effects of federal sentencing practices and revising amendments to the Guidelines if problems arose for congressional approval. In 1990, Congress directed the Commission to respond to a series of questions raised in regards to the Guidelines, the effects of mandatory minimums and options and options for Congress to exercise its legislative power in statutory directive and organization (1991 U.S.S.C. Report). The 1991 report was a “preliminary assessment of short-tem effects” of the Guidelines on federal sentencing practice (1991 U.S.S.C. Report). The report conducted empirical research study requested by Congress to “assess the effect of mandatory minimum sentencing provisions on the eliminating unwarranted sentencing disparity as well as description of the interaction between mandatory minimum sentencing provisions and plea agreements” (1991 U.S.S.C. Report).
The United States is less the 5% of the world population but has almost 25% of the world’s prison population (Coates, 2015; Waldman, 2016). In the last 40 years, the number of American civilians imprisoned by the United States has increased 500%. (Mauer, 2011). However, this explosion in incarceration rates has not been evenly distributed throughout the American population (Waldman, 2016). While one in seventeen White men will be imprisoned in their lifetime, one in sixteen Latino men will face this fate and for Black men, the number is one in three (Mauer,2011). Neither the racial disparity in incarceration nor its scale was accidental (Coates, 2015). The mass incarceration of Black men in the United States was a direct result of the “War
Longer prison sentences along with stronger gun and drug laws can be traced back to the lobbying of private prison corporations. Private prisons only house inmates who are considered to be low risk. To be considered low risk inmates’ crimes either had to be non-violent or they have had to display exceptional behavior over the time of their sentence. The largest private prison corporation is Corrections Corporation of America known as CCA. CCA has spent $17.4 million on lobbying in the past 10 years as well as an additional $1.9 million in political contributions in that last 9 years. (Lee, 2012) Senate Bill 1070 in Arizona, which requires police to determine the immigration status of a person who is lawfully stopped if there is a reason
Are Americans receiving justice in the law system? Statistics indicate otherwise, a quarter of the population is locked up in the land of the free. The crack epidemic has been monumental in contributing to the mass incarceration rates, especially towards minority males. A crack cocaine offense bears a more severe offense penalty than powder cocaine, for example, if an individual has five grams of crack, they would do the same five years as someone caught with five hundred grams of powder cocaine. Non-violent drug offenses should be prosecuted but the minimum sentencing legislature ought to be eliminated.
On July 9, 2007, JR is found guilty of 3 counts of first-degree murders and on November 8th, 2007 is given the maximum sentence of 10 years (Remington & Zickefoose, 2010). This would entail six years in prison with an additional four years of custodial supervision within a psychiatric institution (Remington & Zickefoose, 2010). JR was also put into the Intensive Rehabilitative Custody and Supervision program (Remington & Zickefoose, 2010). On December 15, 2008 Jeremy Steinke was found guilty of three cases of first-degree murder, and was given three consecutive life sentences with no possibility of parole for 25 years (Remington & Zickefoose, 2010).There has been a substantial amount of controversy surrounding the sentencing of JR and Jeremy
Brandon M: Client reported that he did not go to jail this week for his 5 days again; this time because his public defender did not bring the paperwork they needed to process him to court on Friday as she was supposed to. Therefore, he should be going next week. This delay with going to prison has created more anxiety, than his usual, and the anticipation has him stressed about gaining employment then having to tell them he must take off a week. Being that he went to the job fair at the Double Tree, he has been active with that pursuit and hopes something happens for him soon since he does not have the rent money. The priorities he listed are to remain sober, get a job, obtain shelter, get through Treatment Court, and find happiness.
DUI Jim may be able to arrange a plea deal for you. Once he examines all the evidence, he meets with the prosecuting attorney and bargains for a reduced sentence. If you are a 1st time offender, you have a better chance at a good plea bargain. A plea bargain may still include some form on punishment and a DUI conviction, but Jim Yeargan knows the prosecution team, and he is the best DUI attorney for a good outcome.
This thorough examination depicts the diverse conceivable option answers for ladies, and adolescent guilty parties. The Bureau of Justice Grant programs created motivating forces for different projects to diminish the packed conditions for most state and government jails. These gift programs gave the data and motivations to state governments to extend, manufacture, and adjust shut army installations as expansion of the elected correctional jail framework. This activity energized neighborhood and state courts to execute truth-in-sentencing and option sentencing ideas to reduce the weight of stuffed jail frameworks. The gifts partitioned down the middle for building penitentiaries to expand the bed space for rough guilty parties, and the other half for option answers for imprisonment. The motivation reserves utilized for more option arrangements; jail islands, or freight boats, or shut army installations.
Sentencing bias occurs in most of the court cases in the United States of America. Sentencing bias can include races such as Hispanic/Latino, Asian Americans, White Americans, and Native Americans. This brings us to talk about sentencing disparities? In which a court case trial is not treated the same or it is treated differently than other cases. However, who faces the most disparities in sentencing? Could it be African American’s who face’s the most trends and Asian American’s the least trends in sentencing disparities? Or could it be Hispanic/Latino’s who are the least victims of sentencing disparities? Many authors have studied the trends of sentencing disparities, and they have encountered many findings. Many of these findings were found by researching case studies. Criminologists and researchers looked at misdemeanor cases, felony cases, and as well as simple traffic violations. Sentencing occurs in even the smallest traffic violation, because the offender of the ticket still has to attend court to fight to ticket.
I propose to abolish the mandatory minimum sentencing because it is costly to our criminal justice system. However, the system needs to be restructured due to the overcrowding of our jails and prison. Our prison is overcrowded with an offender who was sentenced for drug traffic and carry a weapon (Schmallegar, F. & Smykia, J. 2014) The man that at the bottom of the pole is not the main problem because he does not have the resource to transport drugs to different countries or cities. The law needs to focus on the distributor that takes advantage of the economic status of the poor by using them as the dope boy. If this issue is not addressed the taxpayer money will continue to pay for the housing of little fish drug dealer because he will be
Creative sentences for juveniles fluctuate case to case and is strictly based upon the judges will. Creative sentencing includes but is not restricted to probationary sentences (house arrest, supervised probation, unsupervised probation), community service (picking up trash, volunteering, helping others), and or completing a GED if the individual dropped out of school. The majority of judges recognize that juveniles make mistakes or are with others who make bad choices. Depending on the severity of the crime, judges may chose a creative sentence for the individual instead of a harsher punishment.
Judicial discretion was prevalent over the first half of the last three decades, but has been regulated by legislature since 1984. Discretion by definition is the authorization of deciding as one thinks fit, absolutely or within limits (Ntanda, 1999). Indeterminate sentencing, traditionally, has afforded judges considerable discretion over the resolve of criminal sentencing. “While such discretion theoretically allows judges to tailor sentences to the circumstances of individual crimes and criminals, thereby achieving a sort of ex post fairness, it also permits variation in sentences that may not be warranted by the observable facts of the case, reflecting instead the judge’s own preferences” (Miceli, 2008, p.207). The punishment
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.
The fundamentals of court administration did not until the middle 1900s, which was “decades after police administration and even centuries after corrections” (Cronkhite, 2013, p. 124). The courts were not as complex and did not appear to need specific administrators until they had to “conform to social, political, and economic trends” (Cronkhite, 2013, p.124). Sentencing remained simple until the courts had to “focus on probation, parole, and indeterminate sentences during the Community-Based Era of the 1970s and determinate, mandatory, and three strikes and you’re out during the Just Deserts Era of the 1990s to the present” (Cronkhite, 2013, p.125). These complex trends require even more duties of court administrators and many colleges