Federal and State Guide Lines for Prison Sentences

When a person is convicted or pleads guilty, the judge will decide on the appropriate sentencing. In the sentencing process it can go from criminal offenses, can also range from probation and community service to prison and even the death penalty. The judge will decide what type of punishment is needed for the crime violated.

In the sentencing and court structure of the American court system the two are different any many ways but they are some similarities in how cases are handle in court. The indeterminate and structure sentencing are similar in comparison are proportionality, equity, and social debit is three of the factors. The four sentencing options are lean to harsh sentencing depending on the crime the offender has committed will determine which one the defendant will receive.

Vol. 82, no. 1. Winter 2002. p. 24. Online: EBSCOHost. Santiago Canyon College Library. August 6, 2017.

The court system is an organization in order to provide swift and accurate judgement to the public. When an individual commits a crime they are summoned to appear before a judge. The judge is the individual who will determine their fines, jail time and the overall outcome of a case. This paper will discuss mandatory minimum sentences and sentencing guidelines.

mandatory minimum sentencing. The Committee decided the guidelines would be set the levels in the Drug Quantity Table (Hinojosa 1998). This would be done to create a set standard for levels 26 and 32. see table 1 {Table 1 About Here} These levels would work along with a standard set of program ranges that are above the statutory mandatory minimum sentencing laws (Weld 1986).

Policies that target a specific racial group have been an issue that has been among us for a very long time. An example of this would be the high incarceration rates connected to cocaine sentences. This situation can be connected to the sentences that treat crack violations more harshly than those associated with powder cocaine. It is important to examine in the histories of this hostile guidelines in order to understand how they invited so much criticism, why they were so controversial, why they were so resistant to change, and how nonetheless occurred. The Federal Sentencing guidelines adopted in the United States in 1986 have been the subject of a variety of criticisms over the past twenty five years. During the 1800’s and early 1900’s, it was available and legal and commonly used in tonics and other medications. (Smith, 1986) Following this, cocaine became identified a toxic, addictive, and harmful. Consequently, the 1970’s and 1980’s saw a dramatic increase in powder cocaine used by the middle class (Chappell & Maggard, 2007). Both powder and crack cocaine have been proven to be addictive and to produce similar effects when used in large doses, which can increase the heart rate and result in strokes and even death. (Reinarman & Levine, 1997).

2014). The official authorities in office that make legal decisions and judgments that are using indeterminate sentencing often employ statutes that identify clearly minimum and maximum terms (Siegel, L. 2014). Equally, they also permit judicial discretion to fix the actual sentence given within these guidelines (Siegel, L. 2014). Even though rehabilitation and parole have been under heavy attack by those who argue that criminals should be punished and not overprotected (Siegel, L. 2014). When said and done the indeterminate sentence is still the most widely used types of sentence the determinate sentencing continues to be favored in nearly one-third of the states (Siegel, L. and Bartollas, C.

The average cost of keeping a single prisoner incarcerated in federal prison for a year is approximately $30,619.85 (Prisons Bureau, and Department of Justice). Multiply that number by the approximate 2,217,000 prisoners currently incarcerated and the cost of long sentences required by mandatory minimums starts to add up (Federal Bureau of Prisons).

When your crime is subject to a mandatory minimum sentencing law, the judge has much less discretion in setting your punishment. If you plead guilty or are found guilty at trial, you will get

Common crimes in the judicial system include drug offenses, firearm offenses, and sexual assault, and the depending on the judge the repercussions could vary. To have unvaried penalties, mandatory minimum sentencing laws were enacted. These laws help keep citizens protected, while criminals are incarcerated. John Oliver, the host of Last Week Tonight with John Oliver, talks about how mandatory minimum sentencing increases the number of criminals incarcerated, and he believes the length of their prison time is longer than it should be. He shows videos of criminals who were convicted under the mandatory minimum law with drug crimes. These videos explain how this law affected each of these individuals and their families, and some were sentenced to life in prison for their crimes. Oliver states, “Mandatory minimum sentencing laws designed to stop [drug crimes] have done way more harm than good (Oliver).” Although Oliver believes mandatory minimums are damagining, it was an illegal action that put those criminals in jail. Without breaking the law, they would have a free life. Removing mandatory minimum sentencing on drug offenses from the judicial system is unethical. It is necessary in the judicial system, because the safety of citizens is in the hands of judges. With drug crimes that are reoccurring in the court system, mandatory minimums enable judges to give sentences to criminals without sympathy interfering with the penalty deserved. Along with this, it keeps criminals off

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, even for extenuating circumstances. The most common of these laws deal with drug offenses and set mandatory minimum sentences for possession of a drug over a certain amount. Sentencing procedures can vary from jurisdiction to Jurisdiction. Most of these laws are ineffective and causes unnecessary jail overcrowding.

The US Correctional System has many different types of punishments, which are based upon the type of crime the offender commits. Murder, Rape and Identity theft are all crimes, crimes that carry different types of punishments. Some crimes such as murder for example have different levels that are based on it nature, first, second, and third degree murder are all three types of murder but carry a different punishment. There are some crimes though that does not carry a large jail or prison sentence such as driving under the influence (DUI). This type of crime is most like going to sentence the offender to alcohol awareness (AA) classes as a form of punishment, in hopes of rehabilitating the offender to give up

Unnecessary rules and regulations is what have become of the required minimum sentencing laws. Laws that are put intact so that Congress might have control over what happens with a convict in the judiciary court system. It is essential that these laws are dealt away with; they are creating greater harms than benefits for the public. They are costing the American people from their money, abstinence from their families, and to some extent even rights as U.S. citizens. The United States Congress should repeal mandatory minimum sentencing laws.

Incarceration is one of the main forms of punishment for the commission of illegal offenses. Juveniles and adults alike are subject to incarceration. Incarceration is the detention of a person in a jail or prison.

Sentencing models are plans or strategies developed for imposing punishment for crimes committed. During the 19th century these punishments were normally probation, fines and flat sentences. When someone was given a flat sentence, he or she had to serve the entire sentence without parole or early release. However, by the end of the 19th century the new models were developed. These new models include indeterminate, determinate, advisory/voluntary guidelines, presumptive and mandatory minimum sentencing (Schmalleger & Smykla, 2011).