Sentencing Essays (Examples)
Study Document
The US Sentencing System Disparities And Discrimination
… defendant that has successfully been prosecuted and then found guilty will have their sentence determined and read out by a judge at the sentencing hearing. The sentencing hearing can only take place after the criminal conviction. During the sentencing hearing, the judge will have to decide on a sentence or a punishment based on the maximum and minimum sentences for the particular … crime, as stipulated in the penal code. While all this sounds straightforward, there have been many cases recorded of discrimination and disparity in sentencing (Spohn, 2008).
With regards to sentencing, a disparity exists in two ways – when offenders who are different get the same punishment, and when similar offenders get different punishments. … crimes and criminal histories and when judges impose different punishments on offenders who have carried out identical crimes and have identical criminal past. Sentencing discrimination is a bit different from sentencing disparity,……
References
References
Daly, K., & Tonry, M. (1997). Gender, Race, and Sentencing. Crime and Justice, 22, 201-252. Retrieved May 26, 2020, from www.jstor.org/stable/1147574
Farrell, A., Ward, G., & Rousseau, D. (2010). Intersections of gender and race in federal sentencing: examining court contexts and the effects of representative court authorities. Journal of Gender, Race, and Justice, 1, 85.
Hessick, C. B. (2010). Race and gender as explicit sentencing factors. Journal of Gender, Race, and Justice, 1, 127.
Mauer, M. (2010). Justice for all challenging racial disparities in the criminal justice system. Hum. Rts., 37, 14.
Smith, D. (2006). Narrowing Racial Disparities in Sentencing through a System of Mandatory Downward Departures. The Modern American, Summer 2006, 32–37.
Spohn, C. (2008). How do judges decide?: the search for fairness and justice in punishment. Sage Publications.
Yang, C. S. (2015). Free at last? Judicial discretion and racial disparities in federal sentencing. The Journal of Legal Studies, 44(1), 75-111.
Study Document
Determinate Versus Indeterminate Sentencing Policies
Abstract
Indeterminate sentencing laws allow judges to give convicted felons a window of time rather a specific sentence length. With indeterminate sentencing, the judge provides a minimum and a maximum but defers authority regarding when a prisoner is released (or when probation ends) to other … is released (or when probation ends) to other members of the criminal justice system such as parole board members and probation officers. Determinate sentencing is just the opposite: a procedure in which the trial judge does sentence an offender to a specific length of time. Both determinate … the opposite: a procedure in which the trial judge does sentence an offender to a specific length of time. Both determinate and indeterminate sentencing have been commonly practiced in the United States, and each of these policies has strengths and drawbacks. While indeterminate sentencing can be helpful in cases where an inmate shows certain signs of……
References
References
Allen, J. (2016). CU rape case sparks debate over Colorado’s indeterminate sentencing law. The Denver Channel. Retrieved from: https://www.thedenverchannel.com/news/local-news/colorados-indeterminate-sentencing-criticized
Baker, J. (2020, Aug 10). Davis sentenced to 15 years in 2017 Wheeling hotel killing. WTOV. Retrieved from: https://wtov9.com/news/local/davis-sentenced-to-15-years-in-2017-wheeling-hotel-killing
Cornell Law School Legal Information Institute (n.d.). Indeterminate sentence. Retrieved from: https://www.law.cornell.edu/wex/indeterminate_sentence
Gant, J. & Hussain, D. (2020, 5 Aug). Hero PC Andrew Harper’s mother slams ‘unduly lenient sentences for her son’s killers. Daily Mail. Retrieved from: https://www.dailymail.co.uk/news/article-8592283/Attorney-General-review-jail-terms-handed-three-teenagers-killed-PC-Andrew-Harper.html
Green, S.J. (2020, Aug 6). Brothers sentenced to 40 years in prison for 2016 shooting at Seattle homeless encampment. Bakersfield. Retrieved from: https://www.bakersfield.com/ap/national/brothers-sentenced-to-40-years-in-prison-for-2016-shooting-at-seattle-homeless-encampment/article_5c5d040d-0e0c-532e-9fd7-794232746f5d.html
O’Hear, M.M. (2011). Beyond rehabilitation. 48 Am. Crim. L. Rev. 1247 (2011).
Puzauskas, K. & Morrow, K. (2018). No indeterminate sentencing without parole. 44 Ohio N.U. L. Rev. 263 (2018).
Rhine, E.E., Watts, A. & Reitz, K.R. (2018). Parole boards within indeterminate and determinate sentencing structures. Robina Institute of Law and Criminal Justice. Retrieved from: https://robinainstitute.umn.edu/news-views/parole-boards-within-indeterminate-and-determinate-sentencing-structures
Study Document
Arguments For And Against Parole For Juvenile Offenders Sentenced
...Sentencing Second Chance Kids Documentary Response
1
The major issue addressed by the documentary Second Chance Kids is whether kids who commit violent crimes like murder should get a second chance at life. The documentary shows that teens who are convicted of murder and basically given life sentences with no chance of parole. Thus, before they are even really adults their lives have been forfeited to the state. The question this documentary asks is whether this is a fair approach to criminal justice. The documentary looks at both sides of the issue, showing that from one perspective it does not seem fair that a mistake—even one as bad as murder—should be something that a kid has to spend the rest of his life paying for behind bars; on the other hand, what if society is really dealing with an evil human being? Should it risk the safety of the rest of……
Study Document
Why Social Justice Matters In Corrections
… is the culture that impacts how people look at criminal justice and what to do about issues like rehabilitation, social justice, and alternative sentencing. Restorative justice for instance can be a positive approach in alternative sentencing but the culture of the community has to be behind it for it to be implemented (Johnson et al., 2015). That requires education ……
References
References
Johnson, T., Quintana, E., Kelly, D. A., Graves, C., Schub, O., Newman, P., & Casas, C. (2015). Restorative Justice Hubs Concept Paper. Revista de Mediación, 8(2), 2340-9754.
Seiter, R. P. (2014). Private prisons: Myths, realities & educational opportunities for inmates. Saint Louis University Public Law Review, 33(1), 415–428.
Study Document
Criminal Perspectives Social Trait Classical
… perspectives are among the most common criminological perspectives. This text describes the core arguments of these three perspectives and how they dictate the sentencing model used at trial.
The Trait Perspective
The trait perspective argues that an individual’s predisposition to commit crime is influenced by their biological … way to deter individuals from reoffending or causing further harm to others (Hagan, 2010). Punishment…[break]…in crime, and not external elements. The aim of sentencing, therefore, is retribution as opposed to rehabilitation. Further, deterrence is associated with the severity of punishment – severe punishment has a higher deterrence … severity of punishment – severe punishment has a higher deterrence effect as it increases the cost of criminality over the perceived benefits. Determinate sentencing represents higher levels of severity than indeterminate sentencing, making it more appropriate for use with the classical/choice (deterrence) perspective.
Indeterminate Sentencing vs. Determinate Sentencing
Each of the two models……
References
References
Cole, G., & Smith, C. (2007). Criminal Justice in America (5th ed.). Belmont, CA: Cengage Learning.
Hagan, F. E. (2010). Introduction to Criminology: Theory, Methods and Criminal Behavior (7th ed.). Thousand Oaks, CA: Sage.
Mackenzie, D. L. (2001). Sentencing and Corrections in the 21st century: Setting the Stage for the Future. National Criminal Justice Reference Service (NCJRS). Retrieved from https://www.ncjrs.gov/pdffiles1/nij/189106-2.pdf
Siegel, L. J. (2015). Criminology: Theories, Patterns and Typologies (12th ed.). Boston, MA: Cengage Learning.
Study Document
Solitary Confinement And Mental Health Issues In Corrections
… social justice issues for one correctional institution and one private institution, identify cultural sensitivity and diversity awareness issues, discuss two methods of alternative sentencing, and evaluate the effectiveness of a correctional institution and a private institution.
Functions
The goals of the contemporary state correctional system compared to ……
References
References
Clemmer, D. (1940). The prison community. New Braunfels, TX: Christopher Publishing House.
Compton, M. T., Anderson, S., Broussard, B., Ellis, S., Halpern, B., Pauselli, L., . . .Johnson, M. (2017). A potential new form of jail diversion and reconnection to mental health services: II. Demonstration of feasibility. Behavioral Sciences & the Law, 35(5–6), 492–500. doi:10.1002/bsl.2319
Corrections Arizona Department. (2020). Retrieved from https://corrections.az.gov/location/110/kingman
Dryburgh, M. (2009). Policy implications of whistle-blowing: The case of Corcoran State Prison. Public Integrity, 11(2): 155-170.
Fantel, H. (1974). William Penn: Apostle of Dissent. NY: William Morrow & Co. Florida Department of Corrections. (2020). Retrieved from
https://twitter.com/FL_Corrections/status/1234884340296843266
Hensley, J. & Rough, G. (2011). Kingman prison still under scrutiny. Retrieved from http://archive.azcentral.com/news/articles/2011/01/30/20110130kingman-prison-still-under-scrutiny0130.html
HIV among Incarcerated Populations. (2015). CDC. Retrieved from http://www.cdc.gov/hiv/group/correctional.html
Study Document
Assessment Activity Language Assessment
...Sentencing Introduction
Assessment is a critical element of education as it allows for the monitoring, learning, creation of educational programs, and the identification of pupils who require specific services. For deaf and hard hearing learners, participating in meaningful education tests is a multifaceted and complex process (Pizzo & Chilvers, 2019). Assessments that are done well will support growth and learning, while poorly and inaccurately designed assessments have the potential to cause wrong decision-making in schools for deaf and hard of hearing learners. This report, therefore, presents three language assessment instruments for deaf and hard of hearing learners, namely Arizona™-4: Arizona Articulation and Phonology Scale™ Fourth Revision, The American Sign Language Proficiency Assessment (ASL-PA), and Test for Auditory Comprehension of Language—Fourth Edition (TACL-4).
Report 1: Arizona Articulation and Phonology Scale™, Fourth Revision
? Name of Test: Arizona™-4: Arizona Articulation and Phonology Scale™, Fourth Revision
? Author(s): Fudala, Janet Barker, and Stegall, Sheri……
References
References
Bond, L. A. (1996). Norm-and criterion-referenced testing. Practical Assessment, Research, and Evaluation, 5(1), 2.
Carrow-Woolfolk, E. (2014). Test for auditory comprehension of language (4th ed.). Austin, TX: PRO-ED.
Carrow-Woolfolk, E., & Allen, E. A. (2014). TEXL: Test of expressive language. Austin, TX: PRO-ED.
Fudala, J.B. & Stegall, S. (2017). Arizona-4: Arizona Articulation and Phonology Scale, Fourth Revision. Western Psychological Services.
Fudala, J.B. (2000). Arizona Articulation Proficiency Scale (3rd ed.). Los Angeles, CA: Western Psychological Services.
Haug, T. (2005). Review of sign language assessment instruments. Sign Language & Linguistics, 8(1-2), 61-98.
Maller, S., Singleton, J., Supalla, S., & Wix, T. (1999). The development and psychometric properties of the American Sign Language Proficiency Assessment (ASL-PA). Journal of Deaf Studies and Deaf Education, 4(4), 249-269.
Pizzo, L., & Chilvers, A. (2019). Assessment of Language and Literacy in Children Who Are d/Deaf and Hard of Hearing. Education Sciences, 9(3), 223.
Study Document
Ethical Issues Conflicts Of Interest
… norms and function, visa-a-vis the normative values for which they were established in the…[break]…in resolving disputes within the criminal justice systems. While circle sentencing was initially meant to address the needs of the aborigines, it is now applied to non-aboriginal offenders. It is a flexible process that … that can be applied to the young and old in a wide range of circumstances, including disputes to do with child welfare. Circle sentencing was hatched in New Zealand and Australia. It features many aspects of family conflict resolution. The use of circle sentencing should be reserved for only the offenders who feel motivated and come with community support. It should not be treated as a panacea ……
References
References
Alterio, E. (2011). From judicial comity to legal comity: A judicial solution to global disorder?I-CON, 9(2), 394-424. doi: 10.1093/icon/mor036
BrainMass. (2019). Correctional officer subculture: Ethics. Retrieved from https://brainmass.com/law/familylaw/correctional-officer-subculture-ethics-165895
Filgueiras, F. (2011).Transparência e controle da corrupção no Brasil. In: Corrupção e sistemapolítico no Brasil, edited by Leonardo Avritzer and Fernando Filgueiras. Rio de Janeiro: CivilizaçãoBrasileira.
Kindregan, C. (1975).Conflict of interest and the lawyer in civil practice. Retrieved from https://scholar.valpo.edu/vulr/vol10/iss3/2
Legal Dictionary. (2018). Conflict of interest. Retrieved from https://legaldictionary.net/conflict-of-interest/
Lilles, H. (2002). Circle sentencing: Part of the restorative justice continuum. IIRP. Retrieved from https://www.iirp.edu/news/circle-sentencing-part-of-the-restorative-justice-continuum
Montes, A., Mears, D., &Conchran, J. (2016). The privatization debate: A conceptual framework for improving (public and private) corrections. Journal of Contemporary Criminal Justice. 32(4). Retrieved from https://www.researchgate.net/publication/305418634_The_Privatization_Debate_A_Conceptual_Framework_for_Improving_Public_and_Private_Corrections
Off, C. (1999). How can we trust our fellow citizens? In: Democracy and trust, edited by Mark Warren. Cambridge: Cambridge University Press.
Study Document
Violent Crime Control And Law Enforcement Act Of 1994
...Sentencing Crimes in the U.S.
Introduction
Contrary to US civil law, the nation’s criminal law represents a legal system which deals with penalizing those who perpetrate criminal offenses. Among the many criminal laws of the nation is its 1994 Violent Crime Control and Law Enforcement Act or, simply, crime bill. The bill’s enactment was, in a number of ways, characteristic of the tough-on-criminals bipartisan campaign of the latter part of the past century. The bill included numerous positive provisions like greater law enforcement accountability and fresh protections for those victimized by perpetrators of sexual abuse/assault and domestic violence; however, it was believed to worsen the racial gap in involvement in the criminal justice arena (Moore, 2017). Hence, this paper attempts at ascertaining the desired impact of the aforementioned crime bill, as well as court interpretation of the act through examining different aspects of the bill.
History of crime bill
The 1994 Violent……
References
References
Raymond Derrial Madden, Petitioner-appellant, v. United States of America, Respondent-appellee, 64 F.3d 669 (10th Cir. 1995)
Sepulveda v. United States, 69 F. Supp. 2d 633 (D.N.J. 1999)
United States of America, Plaintiff-appellee, v. Joanne Kwi Ye Estes, Defendant-appellant, 166 F.3d 1218 (9th Cir. 1998)
United States v. Madden, No. 92-6206 (10th Cir. Apr. 20, 1993), WL 332262 Books and article
Moore, R. (2017). The new Jim Crow: Mass incarceration in the age of colorblindness. Macat Library.
United States Congress. (1994). Violent Crime Control and Law Enforcement Act of 1994. Public law, (103-322).
Websites
The Establishment. (2016, April 12). About That Controversial 1994 Crime Bill. A Medium Corporation. Retrieved from https://medium.com/the-establishment/about-that-controversial-1994-crime-bill-c17ccfcc25fa
Study Document
Pro Death Penalty
...Sentencing Abstract
This essay assumes a pro death penalty stance. The arguments in favor of the death penalty include the following. First, the death penalty stems from ancient traditions that define American culture and society. Second, the death penalty encourages respect for the law and possibly prevents some crimes from being committed in the first place through the deterrent effect. Third, the death penalty could save taxpayers a lot of money and reduce prison overcrowding, too. Arguments against the death penalty are valid but insufficient to withdraw from a pro death penalty position. For example, the death penalty is neither racist nor is it cruel and unusual punishment. The recommendation for public policy is to retain the death penalty.
Introduction
The continuing use of the death penalty for specific crimes remains a distinguishing feature of the American penal system. Much criticism has been waged at the death penalty, and for good……
References
References
ACLU (n.d.). The case against the death penalty. Retrieved from: https://www.aclu.org/other/case-against-death-penalty
The Code of Hammurabi. Trans. By L.W. King. Retrieved from: https://avalon.law.yale.edu/ancient/hamframe.asp
“Top 10 Pro & Con Arguments,” (2016). ProCon. Retrieved from: https://deathpenalty.procon.org/view.resource.php?resourceID=002000
World Population Review (2019). Countries with death penalty 2019. Retrieved from: http://worldpopulationreview.com/countries/countries-with-death-penalty/
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