Police Discretion Essay

banned firearm offences. I will argue that every case that comes through the criminal justice system is different and deserves a fair trial with a sentence that is not already determined for them. There have been many cases where the judge has no discretion in the sentence due to the mandatory minimum sentences pre-determined for the case, no matter what the aggravating or mitigating factors were. I will argue that the mandatory minimum sentences in Canada should be reduced or eliminated as

imprisonment. Under section 90(1a) of the SA it also states life imprisonment must be imposed with a minimum of 15 years without parole. Section 318(2) of the CCA states if a person is over 16 but under 18 and committs a serious assult against any officer (police, transit, security etc) a term of detention of at least 3 months must be imposed. Section 401 of the CCA only states there must be a mandatory fine paid if a person commits burglary. More recently in 1996 the WA government introduced the “three strikes

robbery convictions in Florida. His son was also convicted. ("Roy Moore: Life Sentence for Drug Violation Shows 'grave Flaw ' in Sentencing." AL.com. N.p., n.d. Web. 04 Dec. 2015.) Brooker lived with his son in Houston County, and court documents show police found a marijuana-growing operation there during a search in 2013. Alabama Chief Justice Roy Moore released a statement on this case as the Supreme Court refused to overturn the case. I mean really, this is just crazy how a petty drug offense can

The use of discretion is part of policing. Meaning, an officer can choose whether or not to charge an individual with a crime (Pollock, 2017). The use of discretion could be categorized in the utilitarianism ethical system. Utilitarianism is the belief an action, whether right or wrong, is right if it benefits most of society (Pollock, 2017). Therefore, the senior and rookie officers’ choice not to act, when witnessing the teenagers smoking marijuana, would be consistent with utilitarianism if

statutory mandatory minimum sentences have taken away the discretion of judges to tailor sentences to fit the individual circumstances of particular crimes and offenders." (Mauro, 2007) 2. "The result is the sentencing of many non-violent drug offenders to unjustly harsh prison terms where they crowd prisons already filled above capacity." (Union, 2001) 3. The fact mandatory minimums, increase racial inequalities too often because judicial discretion and lack of proper representation. (Eckholm, 2008) 4

Problems with Mandatory Minimum Sentencing Willuance Mesalien Nova Southeastern University Abstract Ben Whishaw once said, "The criminal justice system, like any system designed by human beings, clearly has its flaws." For many years, the criminal justice system has been criticized for its many problems and errors; one in particular that caught my attention was the mandatory minimum sentencing laws. These laws basically set minimum sentences for certain crimes that judges cannot lower

In this paper I will discuss the social problem that is affecting the Black Community currently. Since the establishment of this country our ancestors, regardless of what background or ethnicity, have fought and lost their lives to live in this country that we call the Land of The Free. I believe that this motto should be stood by, but it is not. It is very ironic due to the fact that it really is not the land of the free if put into perspective. When we think about all the problems in the world

offence, and the implementation of this legislation will likely fail to effectively achieve its purpose. Moreover, the introduction, or increase, of a mandatory sentence will be unlikely to effectively deter individuals, and will remove the courts discretion regarding sentencing. In this essay I will argue that the legislation is unneeded to prosecute those who king hit others, and that it will likely fail to have its intended effect. The Need for the Amendment Given the pre-existing law in Victoria

Mandatory minimum sentences are the backbone of a racially unjust, overpopulated, and overpriced criminal justice system. The Smarter Sentencing Act is a bill that aims to reduce the mandatory minimum sentences for nonviolent drug related offences. “The United States has five percent of the world’s population, and twenty five percent of the world’s prisoners. Our prison population has grown eight hundred percent in the last thirty years, mostly because of changes in state and federal sentencing

Mandatory minimum sentences have become an everyday part of the American trial courts. Used to find an “equal hand” in sentencing and find the “appropriate” charge for crimes. I believe that they are a direct violation to the separation of powers laid out in the US constitution. Having sentencing guidelines that require judges to punish people with X amount of years based on a certain crime destroys the very fabric of the US constitutions coequal design. While congress is able create nowhere is it