This paper creates a paradigm of our criminal justice system, the federal sentencing guidelines and procedures.
Essay # 22681 |
1,470 words (
approx. 5.9 pages ) |
6 sources |
APA | 2002
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$ 29.95
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Abstract
This paper analyzes and examines the multitude of issues related to the Federal Sentencing Guidelines and Procedures. The author discusses issues concerning crime in general and gives an overview and evaluation of the Federal Sentencing Guidelines and Procedures. This paper concludes with recommendations for resolving the crime problem and improving the Federal Sentencing 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."
Tags:crime, model
Discusses their purpose, effectiveness, application, judicial process leading to sentencing, plea bargaining, roles and reactions of judges and attorneys, problems and constitutional issues.
Research Paper # 22502 |
5,625 words (
approx. 22.5 pages ) |
52 sources |
1995
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$ 81.95
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From the Paper
"Sentencing Guidelines
This paper will discuss the various issues which have arisen from the adoption of sentencing guidelines in the United States. The focus of the paper will be upon the Federal Sentencing Guidelines, which are the most visible of all the sentencing guidelines which have been enacted throughout the United States since the late 1970s, and have been the most criticized. The first part of the paper will describe the background of the federal sentencing Guidelines and the Guidelines themselves. The second part will discuss the effects the Guidelines have had on sentencing in the federal criminal justice system. The third part will examine the problems which have arisen since the implementation of the Guidelines and discuss the criticisms of the Guidelines."
This paper argues against mandatory minimum sentencing federal guidelines for drug offenders.
Argumentative Essay # 62817 |
2,455 words (
approx. 9.8 pages ) |
21 sources |
MLA | 2005
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$ 44.95
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Abstract
This paper explains that the high federal prison rate, resulting in the overcrowding of federal prisons, is caused by the long, unjust and ineffective sentences required by the federal mandatory minimum sentencing guidelines. The author points out that re-instituting federal parole or instituting programs similar to the programs of the state drug courts would help reconcile the issue of the ever increasing prison population and the related ever increasing cost. The paper recommends federal parole, which would allow inmates to be released from prison earlier than their imposed sentence with very specific rules to abide-by overseen by a parole officer, and required drug treatment for addicts.
From the Paper
"Drug laws were first enacted in 1914 with the Harrison Narcotics Act, which taxed narcotics and required those who dispensed drugs to obtain a license. The Harrison Narcotics Act specifically targeted the growing number of opiate addicts in the United States after the Civil War. The sale of opium and cocaine were regulated, and later the prohibition of production and importation of heroin were all included in this Act. In 1937, marijuana was characterized as a narcotic, and was taxed and legislated by the Marijuana Tax Act. The Narcotics Control Act of 1956 introduced the first law requiring mandatory prison sentences for using and selling illegal substances."
Tags:cost-benefit, recidivism, overcrowding
A look at the issue of criminal sentencing.
Term Paper # 128249 |
1,098 words (
approx. 4.4 pages ) |
5 sources |
APA | 2010
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$ 22.95
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Abstract
This paper discusses the purpose and objectives of sentencing criminals, explaining how criminology theory has now de-emphasized retribution in formal legislation and policy in favor of functional incapacitation, mainly through incarceration and deterrence. The paper also includes information from the 2007 report of the U.S. Sentencing Commission (USSC) to Congress regarding current issues in federal sentencing including guidelines for penalties.
Outline:
Criminal Sentencing
Contemporary Sentencing Issues Addressed by the U.S. Sentencing Commission
The Sentencing Project and National Association of Sentencing Advocates
From the Paper
"Proponents of indeterminate sentencing suggest that determinate sentencing applies inappropriately harsh sentences that cannot take into account mitigating factors to the extent necessary to achieve justice; that it undermines the ability of the criminal justice system to emphasize rehabilitation; and that restricting judicial discretion without changing prosecutorial authority produces an imbalance that favors the prosecution
"Some of the best proposals designed to incorporate both sets of concerns are variations of sentencing approaches that allow for certain elements of judicial discretion but within mandatory sentencing guidelines in the form of minimum sentences. By legislating a mandatory minimum sentence, the partial determinant strategy ensures that offenders who perpetrate specific classes of crimes never escape minimum sentences
established by legislators for those crimes while still allowing for the exercise of judicial discretion and input as appropriate in individual cases."
Tags:punishing, prevention, justice
A review of the current crack cocaine policy versus powder cocaine policy and its implications for African-Americans.
Term Paper # 148741 |
814 words (
approx. 3.3 pages ) |
3 sources |
APA | 2011
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$ 17.95
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Abstract
This paper reveals that there are significant differences in federal sentencing guidelines for drug offenses which involve crack or powder cocaine, despite both being illicit drugs. The paper discusses the statistics that illustrate the effects of these disparities on sentencing for African Americans. The paper then examines the efforts that are being made to reform the current policy.
Outline:
Introduction
Crack Cocaine vs. Powder Cocaine Sentencing Disparities
Efforts Being Made to Reform these Policies
From the Paper
"There is no pharmacological or scientific evidence that justifies treating crack cocaine more dangerous than powder, according to Henderson (2009). Rates for both crack and powder cocaine use are similar and both have remained stable for more than a decade. The idea that violent crime is associated crack cocaine, and therefore that it warrants stricter sentencing is simply a myth. Henderson notes that "minimal violence is involved with crack cocaine cases -- far less than half of the crack cocaine cases involved a weapon, while most actual violence is associated with the drug trade and not the drug itself". With this knowledge that there is no scientific difference in the dangerousness of the two drugs and that violence is not necessarily associated more with crack cocaine, it becomes clear that the sentencing disparities are unfounded, at best, racially motivated, at worst.
"Current drug laws punish small-time users and dealers the same as or more harshly than drug kingpins. This legislation unfairly targets minorities, like African American males, and is compounded by federal law enforcement tactics which focus on inner city communities that are demographically rich with African Americans, as opposed to suburban or rural areas. Boders et. al (2008) found that when "compared to Whites, African Americans were much more likely to use crack cocaine, (and) equally likely to use powder cocaine"."
Tags:sentencing, drugs, enforcement
Discusses the impact of mandatory-minimum sentencing laws imposed on the court system by Congress.
Essay # 45677 |
1,217 words (
approx. 4.9 pages ) |
5 sources |
APA | 2002
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$ 24.95
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Abstract
Uses the specific example of John S. Martin, a federal judge in New York City, to explore the negative consequences mandatory-minimum sentencing laws have on the authority and performance of judges, parole officers, and probation officers.
From the Paper
"John S. Martin, who served as a federal judge in New York City for 13 years, originally intended to retire as many of his peers had, reducing his workload but staying involved in what he considered an interesting and valuable profession. Indeed, he thought that value outweighed the modest salary he would receive; he knew full well he could earn much more as a lawyer in private practice."
Tags:statutory, limits, 1984, sentencing, reform, act, commission, amber, alert, bill, guidelines
An examination of the concept of whistle blowing, or the informing of unethical or illegal activity of a company within that company.
Essay # 49789 |
1,985 words (
approx. 7.9 pages ) |
7 sources |
MLA | 2004
$ 37.95
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Abstract
Whistle blowing is informing on illegal or unethical practices in the workplace. It is becoming more and more common, but is whistle blowing worth it to an individual? Standards of business ethics are changing rapidly in response to whistle blowers who capture a public audience. This paper analyzes the similarities and differences in regard to the justification of whistle blowing. The findings support that most whistle blowers suffer in many ways, and the negative consequences to the whistle blower far out way the positive. The legal avenues the whistle blower utilizes are becoming far more common as laws are changing to protect them. Lastly, this paper explores the writer's opinion on ethics, whistle blowing, laws, and consequences.
Outline
1. What is Whistle Blowing?
i. Definition
ii. Examples
2. Illustration-Case Study of Enron
i. History of Enron
ii. Key Personnel
iii. Whistle Blowers
3. Consequences of Whistle Blowing
i. Positive Aspects of Whistle Blowing
ii. Negative Aspects of Whistle Blowing
4. Justification for Whistle Blowing
i. Religious
ii. Moral
iii. Legal
iv. Revenge
5. Results of Whistle blowing
i. Loss of Job
ii. Retaliation/Discrimination
iii. Poor Health
iv. Family & Friends
6. Personal Viewpoint
i. It is not worth it
ii. Lessons from the Past
7. Laws in Place for Whistle Blowers
i. Federal Sentencing Guidelines
ii. Organizational Direction
8. Summary
i. Real Life Example
ii. Opinion
From the Paper
"Based in Houston Texas, Enron was formed in July 1985 by a merger of Houston Natural Gas and InterNorth of Omaha, Nebraska. Enron was initially a natural gas pipeline company but rapidly evolved from delivering energy to brokering entry futures as energy markets were deregulated. Enron Corporation was one of the world's largest energy commodities before the Chapter 11 bankruptcy filed. Enron marketed electricity and natural gas, delivered energy and other physical commodities, and provided financial and risk management services to customers worldwide. Enron, through a variety of accounting tricks relating to partnerships, inflated their profits and lowered debt. They misled their employees, investors, and the general public about the financial stability of the company. As reported by Enron 101, "Enron executives reaped millions through these partnerships and by selling off stocks before the demise, while Enron employees lost much of their retirement and investors lost millions" (Enron 101)."
Tags:enron, moral, ethic
A comparative analysis of crack cocaine versus powder cocaine sentencing disparities.
Comparison Essay # 59424 |
6,800 words (
approx. 27.2 pages ) |
30 sources |
APA | 2005
|
$ 92.95
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Abstract
After a decade of contentious debate regarding the federal sentencing 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."
Tags:criminal, law, prison, smuggling, incarceration, trafficking
A discussion of mandatory sentencing, its effect on the criminals and society in general.
Research Paper # 53082 |
3,653 words (
approx. 14.6 pages ) |
7 sources |
MLA | 2004
|
$ 60.95
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Abstract
This paper deals with the mandatory sentencing guidelines and how they relate to the overcrowding that is taking place in prisons today. There is a distinct correlation between these two issues, which must be explored in order to determine what should be done about it and how the overcrowding in prisons can be alleviated, while still ensuring that criminals are punished according to the severity of their crimes. The first section includes a literature review, where seven scholarly sources are looked at in order to discuss the problems that come from prison overcrowding and what the sentencing guidelines mean for this.
From the Paper
"Naturally, the government is desirous of removing drug dealers and other criminals from the streets and undercover operations are often undertaken in the war on drugs in order to remove many of these undesirable individuals from society (Heaney, 161). Unfortunately, this necessitates undercover operations and there is often an amount of discretionary power that is just considered to be enormous when looked at realistically (Heaney, 161). Government agents have complete and total control over how long a particular drug operation lasts, who is targeted for it, and the amount of drugs that may or may not be involved in a particular transaction (Heaney, 161). Because this level of authority is so very high there is a strong risk of abusing it."
Tags:justice, crime, prison, jail, court, drug