state and federal prisons. This is due to the public demanding more castigatory laws along with harsher sentencing policies. In the United State there 2.3 million people are incarcerated in prisons and jails which make the United States the lead in the incarceration rate (Wright, 2010). Truth in sentencing law made it essential that offenders serve a significant portion of the prison sentenced handed down by the court before he or she can be considered or eligible for release. Policies implemented before
Sentencing 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
States prison population has expanded at an increasingly rapid rate over that past several decades. Each day, more and more criminal offenders are sent to prisons; most of which were designed to house fewer inmates but are now packed to their limits. This “mass- incarceration era” as many scholars and commentators of the Criminal Justice System call it, is a result of several key issues that have created an environment within the correctional system that forces many inmates to serve longer prison sentences
POLICY RECOMMENDATIONS It has been established that the current policy does not work as it was intended to, so thus it must be changed. William Rehnquist, a former Supreme Court Justice, stated his opinion of minimum sentencing during an often cited speech. As stated in his book Prison blues: How America 's Foolish Sentencing Policies Endanger Public Safety, David Kopek credits Rehnquist with stating: These mandatory minimum sentences are perhaps a good example of the law of unintended consequences
Mandatory sentencing is another form of structured sentencing, deserves special mention. Mandatory sentencing is just what its name implies: A structured sentencing scheme that man-dates clearly enumerated punishments for specific offenses or for habitual offenders convicted of a series of crimes. Mandatory sentencing, because it is truly mandatory, differs from presumptive sentencing, which allows at least a limited amount of judicial discretion within ranges established by published guidelines
Effect of the Police on the Prison Population Because of the increase in crime in America, the public has demanded an increase in the amount of protection received from police. This increase in police protection has increased the incarceration level by numerous amounts within the last ten years. The number of inmates incarcerated in America is a direct cause of the policing that is going on in the streets of American cities. The method of policing has a tremendous impact on the outcome of the
Criminal Sentencing Decisions within the American Judicial System Abstract A major issue in criminal justice is sentencing. America’s court system has struggled to balance competing goals and policies in regards to criminal sentencing. This paper explores the ideas behind changes made to the sentencing policies with the United States judicial system. It begins with an overview of the goals behind criminal sentencing. This paper concludes with a discussion on the current status and disparities
Prison overcrowding is a major problem in our criminal justice system and it continues to be a hotly debated topic as to how we should address the problem. One of the main reasons our prison systems have a problem with overcrowding is drugs. More specifically, the "war on drugs" started by President Reagan in 1982 brought a dramatic increase to the number of people put behind bars for drug offences. Mandatory minimum sentencing and truth in sentencing are two policies which have sent drug offenders
thought to uphold a social caste system, reflecting the racial hierarchy of slavery. Slavery was abolished, however it still serves as a form of punishment for those found guilty of a crime. In the Thirteenth Amendment (1865) lies a description of the policy: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to the jurisdiction.” A major contributor to blacks becoming
Since the founding of the founding of the United States in 1776, American law enforcement has evolved significantly. As the US developed and changed, the criminal justice system changed and experienced different focuses in operation. Since the first public police organization was founded in 1844 to today with 90% of all American of municipalities with a population of 2,500 or more having their own police forces, the US policing complex has seen many changes (Eskridge 81). Urbanization and social