Punishment and sentencing guidelines and issues essay

Controversial essay on Capital Punishment in India Introduction: Punishment in some form or other exists in most civilized societies. Only a very few societies have stilled the debate by abolishing the death penalty us a matter of law or practice. As of21 countries have abolished death penalty as a matter of law, 16 have abolished it also for the crime of murder.

Punishment and sentencing guidelines and issues essay

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Punishment and Society Essay Pages: Judges are viewed as idealistic symbols empowered with the power and authority to affect significant change in an individual's life.

They are seen as symbols of society's efforts to render justice and, in some regard, this vision is accurate but the power of judges to fulfill this function is not without standards and, in many ways, the power of any judge to affect true justice is limited by both statute and precedent.

To fully understand the factors that judges utilize in the process of rendering sentences upon those convicted of criminal offenses it is necessary to know the full range of how judges are involved in the criminal procedure.

Sentencing is only a small portion of the judicial process and represents the culmination of the other roles that the judge fills in the determination of guilt that creates the need for sentencing.

Judges in our society have been afforded an exalted position that contributes to the effect of their decision making.

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Judges are dressed in long flowing robes, often seated on a raised bench, armed with a gavel, and afforded the honor of having a room full of people rising upon his or her entrance. Few others in society enjoy such levels of respect.

This level of respect plays a major factor in the sentencing process. This respect emanates from the expectation that judges are expected play an impartial and detached role in an effort to reach justice Frankel, Interestingly, this is a view that has developed more by tradition than by any proscribed constitutional or statutory requirement.

Although a constitutional right to a speedy and public trial by an impartial jury is guaranteed by the Bill or Rights there is no corresponding requirement placed on the judiciary. The United States' Courts have since afforded defendants judicial impartiality through interpretation of case law but no constitutional or statutory authority has been enacted Tumey v.

Punishment Case - Essay

One of the current trends in criminal justice is to limit the discretion available to judges in rendering sentences to defendants.

Historically, judges have been afforded considerable discretion but in a society that has adopted a public policy that favors law and orders it have become fashionable to blame judges for a perceived leniency toward the treatment of criminals. The result has been an extensive overhaul of the criminal statutes governing sentencing on both the state and federal level.

Despite these changes, judges are still afforded the discretion and authority to consider certain "aggravating" or "mitigating" circumstances to determine an appropriate sentence for defendants.

Aggravating factors considered by the judge would be those that demand that the sentence received by the defendant should be enhanced while mitigating factors would be those that suggest that the defendant should be afforded a lesser sentence.

The new statutes provide stricter guidelines but have not abolished the discretion of judges entirely.

Punishment and sentencing guidelines and issues essay

Over time the factors that judges consider in regard to the mitigating or aggravating circumstances have varied but, in modern times, the factors have become fairly well standardized throughout the judicial system.

These factors include, but are not limited, to the following: How the mitigating and aggravating factors are applied in any given case is within the exclusive discretion of the sentencing judge.The main goal of these sentencing guidelines is to put the targeted offenders with appropriate community sanctions.

Simplification Draft Paper | United States Sentencing Commission

However, there are some differences and variations in the California sentencing guidelines, which include the punishment by the nature of crime committed, frequency, and severity.

PHILOSOPHIES OF PUNISHMENT Punishment serves numerous social-control functions, but it is usually jus- whereas determinate sentencing guidelines prescribe specific punishments based on the severity of the crim- ferfrom numerous ethical and practical problems, including high rates of both “false positives” (i.e., falsely labeling.

Sentencing Disparities Essay.

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This meant that punishment of blacks was generally inflicted on the body and that a conviction—or any legal process—was not necessary as a precursor to punishment.

Raeder, Myrna.

“Gender Issues in the Federal Sentencing Guidelines and Mandatory Minimum Sentences.” Criminal Justice 8(3) For a short time sentencing policy changes in the forms of sentencing and parole guidelines and abolition of parole release addressed those problems in some places.

Criminal Justice and Punishment Essay BY inhumane Sentencing and punishment essay in achieving Justice The main purpose of the criminal Justice system is to prevent crimes and to protect citizens from the wrong doings of others and to keep society in a stable and working order.

Another case described by Richard Parker in "Blame, Punishment, and the Role of Result-, where A takes a rifle to a location which overlooks a stadium where A knows an event is underway and then A recklessly fires the weapon in the direction of the grandstands.

Criminal Justice and Punishment Essay – LawEssay