Sentencing Essay

History of Discretion Plea bargaining is often associated with the defense and prosecution making “deals” until an agreement is reached on a sentence for the offender. Often times, plea bargaining leads to an offender pleading guilty for a lesser sentence than a sentence obtained from being convicted in trial (Thistlethwaite 2014). Plea bargains can be controversial because some people feel the offender should be punished fully for the crime(s) they have committed (“Plea” 2016). For example, if

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

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

The process of the Criminal Justice system and its structure The process of the Criminal Justice system works around flexibility and compassion to the individual attempting, far more than it used to, to refrain from formulating biased and impulsive judgment. All situations of the individual's case and background are taken into consideration and various programs exist to afford the individual the opportunity of reforming rather than being punished. Similarly, too, the more serious the crime, the

committed. The length of the sentence will vary according to the severity of the crime and will be imposed by the judge. Worrall indicates, “there are four type of noncapital prison sentences which include indeterminate sentencing, determinate sentencing, mandatory sentencing, and sentencing guidelines”[ 2 ]. Capital crimes which usually include murder carry the death penalty. For the death penalty to be imposed, constitutional standards must be followed according to federal and state guidelines and law

review of federal sentencing practice. The 1991 Report was a short-term impact review that only evaluated data once the Guidelines were full implementation in 1990. The 2004 Report picks up where the 1991 Report left off by focusing on three primary areas of assessments: Guidelines impact on transparency and rationality of sentencing and severity of punishment, impact of Guidelines on inter-judge and regional disparity, and research on racial, ethnic, and gender disparities in sentencing today (Fifteen

Effects of Punishment and Sentencing Jesus Lujan Jr. CJS/200 February 13, 2011 University of Phoenix- Robert Winkler Effects of Punishment and Sentencing The Effects of Punishment and Sentencing Punishment and sentencing are an integral part of our criminal justice system. There are four basic philosophical reasons for sentencing retribution, deterrence, incapacitation, and rehabilitation. There are some factors that that can affect how a wrongdoer is punished. There is a debate surrounding

When Blakely case was heard in the Supreme Court, Booker was convicted of controlled substances offenses. Under the sentencing Guidelines, Booker faced a sentencing range between 210 to 262 months for having in possession 92.5 grams of crack cocaine with the intent to sell (Bloom, 2005; Lynch, 2005). The jury found Booker guilty on both offenses. The trial court after post-trial sentencing proceeding decided by a preponderance of the evidence that Booker sold 566 grams which resulted in an offense level

inmates to serve longer prison sentences while increasing recidivism rates. Current federal and state sentencing policies have resulted in historically high rates of offender recidivism and the highest incarceration rates in the world (Warren, 2007). As a result, prison population and overcrowding has rapidly increased and has become a serious issue across the country however, a reform in sentencing policies, more early-release incentives, and reintegration back into society through rehabilitation

Correction’s Portfolio Paper Tyler Dennis 12/10/16 Intro to Corrections Corrections, when seen as the control and punishment of convicted offenders, has been an important part of organized society from the earliest days of civilization. It has not always had a proud past, however. Important changes in correctional practice began around the time of the American Revolution when the purposes of criminal punishments were closely examined by influential reformers. Only within the past 30 years