Abstract This paper analyzes and examines the multitude of issues related to the FederalSentencing Guidelines and Procedures. The author discusses issues concerning crime in general and gives an overview and evaluation of the FederalSentencing Guidelines and Procedures. This paper concludes with recommendations for resolving the crime problem and improving the FederalSentencing Guidelines and Procedures.
From the Paper "Since the early 1970s, no public problem has worried Americans more persistently than crime. When individuals are asked in opinion surveys to list the problems that concern them most, the threat of crime typically comes at or near the top of the list. However, when the same people list the issues on which they will decide which candidate to vote for, crime usually comes behind half-a-dozen other subjects. The most likely explanation for why individuals are so concerned about crime is that crime extends wide and far, impacting individuals and society on an emotional, financial, and physical level. Additionally, crime intrigues academics as well as politicians because despite the vast expenditures on multiple programs and theories, there has not been any concrete, tried and proven answer regarding how to solve crime."
Abstract After a decade of contentious debate regarding the federalsentencing disparities between crack cocaine and powder cocaine, a number of significant initiatives to reform current policy have recently emerged. These include legislation introduced in Congress and a series of hearings resulting in recommendations by the United States Sentencing Commission. This paper provides a comparative analysis of the sentencing disparities with regard to crack cocaine as compared to powder cocaine. It examines the development of federal legislation creating greater criminal penalties for crack cocaine than powder cocaine and assesses recent developments, studies, and research in an effort to resolve the sentencing disparities. Finally, it offers recommendations to resolve this sentencing issue for future legislation, law enforcement agencies, and federal and local governments.
Paper Outline
Executive Summary
Introduction
Background of Cocaine
Statement of the Problem
Impact of Disparity in Sentencing Demographic Profile of Federal Cocaine Offenders
Operational Assumptions
Statistical Analysis
Significance of the Research
Review of Related Literature
Recommendations and Hypothesis
Proposed Methodology
Proposed Data Collection
Research Findings
Results
Recommendations
Conclusion
Bibliography
From the Paper "A possible question for policy makers is whether the career offender guideline, especially as it applies to repeat drug traffickers, clearly promotes an important purpose of sentencing. Unlike repeat violent offenders, whose incapacitation may protect the public from additional crimes by the offender, criminologists and law enforcement officials have noted that retail-level drug traffickers are readily replaced by new drug sellers so long as the demand for a drug remains high. Incapacitating a low-level drug seller prevents little, if any, drug selling; the crime is simply committed by someone else."
Abstract This paper argues that racial discrimination in the sentencing of blacks has taken away judicial discretion and created an expensive and regretful policy of imprisoning large numbers of blacks, who might have been better off given second chances. The author points out that the passage of the crack cocaine law in 1986 made black defendants much more liable to spend time in prison if they were street dealers of crack cocaine rather than if they were dealing powder cocaine, which is essentially the same drug. The paper emphasizes that crack cocaine sentences are the largest factor in racial disparity in federalsentencing. Includes charts.
From the Paper "The cocaine sentencing debate that followed the implementation of the 1986 law has shown the depth of the impact of crack sentencing disparity. In the 1980s, crack cocaine use was covered widely by the press, due to its rapid growth in the drug market. For the first time cocaine was made available to a wider economic class because of its cheap price. By taking powder cocaine, cooking it with baking soda and water, a hard rocky substance is created that can be cracked into smaller pieces called "Crack." These "rocks" are then sold in small quantities."
Abstract The paper provides research that supports the thesis that federal courthouse doors should remain closed to those on death row, to ensure finality is reached on all issues unlikely to succeed in the courthouse. The paper discusses how if criminal offenders have access to adequate counsel during their preliminary hearings, there is no reason to assume they require additional petitions at the federal or the state level.
From the Paper "In the U.S. the issue of equality before the law has always been one of primary importance. This is evidenced by the fact that all citizens, even those accused of federal crimes warranting death penalty, have an opportunity to appeal with new information (Snyder, 1998). All criminals regardless of their crimes however, are provided equal opportunity and access to counsel and legal advisors, even if court appointed. There are those however, that argue federalism concerns arise under "equal protection rationale" (Snyder, 1998:2211). Under this theory, legal researchers note that forcing state representatives to provide counsel and additional appeals may decrease the federal governments "intrusion on state power" (Snyder, 1998:2211). This suggests death row inmates who have additional counsel at the state level will "have fewer habeas petitions" as those petitioning will have significant time and support to substantiate and pursue any claims they have about their case (Snyder, 1998:2212)."
Abstract The way criminals are sentenced in America depends largely on crime rates, theories on how to deter crime, and the degree to which the public feels threatened by crime. Historically, various approaches to sentencing have been taken. This paper traces approaches used since World War II and shows how mandatory drug sentences, three-strike laws, and truth-in-sentencing have filled the prisons but more often with individuals convicted of nonviolent drug offenses than violent criminals.
Abstract The paper examines the issue of racial and ethnic bias in criminal sentencing and notes the disparity in death penalty sentencing. The paper discusses the influence of racial perception in sentencing decisions and the concept of stereotyping. The paper examines the harsh sentences for drug-related crimes and blacks.
From the Paper "Numerous reports have established there is racial disparity in criminal sentencing in the United States. The Sentencing Project states that rates of incarceration by the Commission finds racial disparity in jail sentences."
Abstract This paper provides an overview of truth-in-sentencing laws governing State prisons and the Violent Offenders Initiative/Truth in Sentencing Program enacted by Congress in 1996. It looks at how these laws are part of the justice system's efforts to reform sentencing.
From the Paper "In three decades there have been five major periods of reform. First was the introduction of indeterminate sentencing which was common in the ..."
Tags: truth-in-sentencing, parole, prison sentence, jail time, early release, VOI/TIS
Abstract This paper gives an account of the history of mandatory sentencing in Australia. The paper also explains what lessons can be learned from this history.
Abstract Federal contracts for construction, while similar in many respects to other types of federal contracts, have some unique aspects that have caused the federal government to create a system of rules within the Federal Acquisition Regulation (FAR) specific to construction contracts. The federal government has been justified in creating these rules separate from those that apply specifically to supply and service contracts. This paper focuses on some of the unique rules and regulations that apply to federal construction contracts, including those related to contract types, labor laws, specifications, payments, delays, and differing site conditions.
Abstract
Overview
Contract Types
Federal Construction Contracting Laws
Contract Performance and Specifications
Payment Financing
Delays
Differing Site Conditions
References
From the Paper "The federal government is the largest owner of real property in the world (Bastianelli, et. al., 1998), so it stands to reason that they spend an enormous amount of money on construction and maintenance of that property. It is difficult to gauge exactly how much the federal government spends on construction annually, but it is noteworthy that the Department of Defense alone planned to award over $10 billion on construction contracts in 2002 (Bush, 2001). Because of this significant amount of construction outsourcing, and the intricacies that go along with construction contracting, the federal government has been justified in developing unique regulations and rules for construction contracts. The federal government, in the Federal Acquisition Regulation (FAR), defines construction as, ?"construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other real property"? (FAR 2.101). Determining whether or not something is considered a building or a structure is general straightforward, although there are always exceptions. However, the line defining whether or not something is real property can, at times, be somewhat unclear. The FAR does not provide a definition for real property, but in federal contracts the common legal definition is used, that real property is, ?"land and all things that are attached to it"? (Lectric Law Library, 2003). Though many of the clauses, terms and conditions, and rules applicable to federal construction contracts are the same, or similar, to those that are used on federal contracts for supplies, there are a number of differences in the nature of contracting for construction that have caused the federal government to create separate laws that deal specifically with federal construction contracts. One of the major differences is that construction contracts are performed on Government property. Because of this, construction contractors are subject to a great deal more in the area of inspections and general surveillance on their contracts (Abernathy and Kelleher, 1976). Construction contracts typically have much more paperwork than federal supply contracts. On construction contracts, a contractor is required to file daily reports showing that they complied with all the unique construction regulations, including safety, schedules, and submittals of material samples (Arnavas, 2001, ?? 27.4.a.). Construction contracts are subject to much greater scrutiny on performance than supply contracts, as detailed analysis and explanation of any deficiencies are reported to contractors and contractors have the right to respond. Past performance information is also kept on construction contracts for six years, where the norm on supply contracts is three years (Arnavas, 2001, ?? 27.4.a). Other differences that will be the focus of this paper include contract types, labor laws, specifications, payments, delays, and differing site conditions."
An overview of federal aid given in the form of a supplement to local schools based on their conformity to established guidelines under the No Child Left Behind Act.
Abstract This paper addresses several issues relating to the No Child Left Behind legislation. It compares and contrasts the advantages and disadvantages of federal aid, discusses what legal opportunities or consequences accompany receiving federal aid, examines and evaluates the meaning and implications of supplanting and examines how someone could prepare for changes in the different areas on the revenue and expenditures of a school district based on in demographic and economic factors.
Tags:Federal aid, local schools, federal regulation, No child left behind, federal funding, NEA, union opposition
Abstract This paper discusses and describes how the federal and state systems of government may or may not differ in their application of employment laws. The paper includes specific examples of employment protections provided by the Florida state system, but not by the federal system.
From the Paper "Employment law is that branch of the law that deals with employer-employee relations, work hours workplace conditions and related matters. Most elements of employment law fall under civil law ..."
Abstract This paper considers the role of the Federal Reserve in the U.S. economy. The paper discusses Chairman Alan Greenspan, his predecessor and successor, the mechanics of how the Federal Reserve conducts monetary policy,the Federal Reserve's fiscal policy and the direction of recent policy.
From the Paper "Although many news programs discuss the Fed and its chairman, Alan Greenspan, and while many people know that the Fed somehow affects interest rates and that interest rates affect the economy, few understand the relationship between the Fed and the American economy. This research considers some of the key points surrounding the Federal Reserve, its effects on the American economy and the role of the chairman. The Fed conducts monetary policy by setting the rates that member banks charge each other..."
Tags: central bank, federal reserve, monetary policy, fiscal policy, Alan Greenspan
Abstract In this article the writer examines contemporary federalism with regards to education in America. The writer specifically discusses the 'No Child Left Behind Act' of 2001. The writer describes the historic federalist system and the New Federalism in this paper. The writer also examines the power of federal authority over education.
From the Paper "'Power: Who has it and who wants it more?' are two themes that resonate throughout the halls of government every day. Federalism, the division of powers between a central government and regional governments often causes struggles over the relative powers of each level of government. In the United States, where government is divided into federal state and local entities, each level exercises separate powers within their own spheres of authority. By establishing such a system the Framers sought to create ... "
Abstract This paper discusses the role of the Federal Reserve Bank after September 11. The writer analyzes an article written about the Federal Reserve Bank after the terrorist attacks. In this article, the writer discusses the vital role the Federal Reserve Bank played, in preventing even more serious damage to the economy.
From the Paper "In the hours and days following the terrorist attacks on the United States on September 11, the United States Federal Reserve Bank played a little known but vital role in preventing even more serious damage to the economy of the United States, than the attacks themselves. According to Dina Temple-Raston in International Economy, the quick action of the Federal Reserve Bank went largely unnoticed and dramatically under-appreciated. She suggests that if the Federal Reserve Bank had not made precise decisions quickly ... "
Tags:Federal Reserve, Fed, September 11, business, bonds, economy, economics
Abstract This paper discuss the role of inter-governmental relations between the Federal, State and Local governments and various issues that impact this working relationship. Among the areas that are discussed are: How inter-governmental programs should be implemented and the economics of scale and shared services. It further analyzes different theories and models of federalism, how these structures can be established and the role that each level of government should play during this process. While the goal is to give each level of government its own power, the objective here is to develop a system so that services can be best delivered to the citizens.
From the Paper "The state of intergovernmental relations can be identified in many ways. Historically, dual federalism is the theory that best defines the American system of government. The writers of the Constitution wanted a system of government with shared powers between the states and the federal government. Each level has their own independent authority. While this theory best identifies our system of government, overtime other theories have developed, responding to the economic and social problems that have developed (Knudson, 2003).
Today the federal, state and local levels find themselves in dispute as to who should be paying for and implementing certain programs. The states and local levels believe that they can do a better job of implementing domestic programs because they are closer to the problem then the federal government. A standard national program may not be able to meet the needs of every state. This model called the State- Centered Federalism whereby the states make the decisions, with the federal government there on a minimal basis, to provide the resources. The state government is more responsive, because they can best understand their own needs (Mc Guire, 2001).
This model can be seen in the new Welfare Reform Plan. Whereas under the old welfare system the national government established the welfare policy and the states had little discretion to tailor it towards their individual needs. These objectives and rules sent to the states from Washington DC may not have helped because money was being spent in areas that did not need it. At the same time other, urgent aspects of a states welfare needs were being overlooked by Washington (New, 2002)."
Tags: constitution, federal, government, local, relationship, state
