Abstract This paper analyzes and examines the multitude of issues related to the FederalSentencingGuidelines and Procedures. The author discusses issues concerning crime in general and gives an overview and evaluation of the FederalSentencingGuidelines and Procedures. This paper concludes with recommendations for resolving the crime problem and improving the FederalSentencingGuidelines 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 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 sentencingguidelines. 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."
Abstract This paper discusses how race has been a consideration in sentencingguidelines for quite some time and how there is a concern that perhaps the sentencingguidelines and the entire criminal justice system are racially biased. It attempts to show that there is disparity between the sentencingguidelines given to Caucasians and non-Caucasians and looks at the extent race plays a part in the prosecution for different crimes. In an effort to be fair, opposing views are discussed, and the problems and proposed solutions are discussed as well. It also shows how it can be seen that individuals who are of minority races often meet with harsher punishments than others who come into the criminal justice system.
Outline
Introduction
Is it Discrimination?
Courts, Judges and the Real World
The Burden of Proof and Suspicion
Minorities and the Law
Drug Laws and Minorities
Minorities, the Death Penalty and the Community
From the Paper "There are Caucasian individuals in this country that would argue that minority races have more crime and that they are not as good of individuals as those of Caucasian ancestry. However, this does not necessarily mean that this observation is accurate. One must consider the possibility that those that are of minority race in this country are not committing crimes at a higher rate, but that they are being targeted at a higher rate and therefore the crimes that they do commit are being discovered more than the crimes that are committed by Caucasian individuals . Many of these crimes relate to drugs and so the main focus of this paper will be on the issue of drug crimes. However, other crimes will be considered in order to show that this is something that travels across the entire criminal spectrum and is not limited to one area of crime. This is important to understand because it indicates the racial biases that individuals in this country hold are not related to the particular type of crime and are tied only to the race of the individual in question."
Abstract The paper examines the article "Judging Judicial Discretion: Legal Factors and Racial Discrimination in Sentencing" where the authors attempt to determine whether judges in Maryland are racially discriminatory in their sentencing decisions. The paper studies their hypothesis that even in a state with voluntary sentencingguidelines, African-American offenders are being sentenced more harshly than whites. The paper looks at the trend the authors discovered regarding judges hiding behind legal factors to issue disparate sentences and agrees with the authors' conclusion that discrimination is happening in sentencing.
From the Paper "The authors first started by explaining previous research on racial discrimination in sentencing. The issue of warranted and unwarranted disparity was very important to understanding the different approaches to this topic. As discussed in our textbook, African Americans tend to have longer criminal histories and they are charged with more serious crimes. In the article it was explained that most researchers separate warranted disparity, such as a harsher sentence because of a long criminal history, and unwarranted disparity, which can only be explained by race or other extra-legal influences on the sentencing decision (Bushway & Piehl, 2001). The authors state, "there is little evidence of direct racial discrimination once these legal factors are included in the statistical models" (Bushway & Piehl, 2001, p. 734). However, the authors contend that by taking out the warranted cases the discrimination is actually masked because there is disparity in those cases. This is discussed further in their findings."
Abstract This paper introduces, discusses and analyzes the topic of criminal justice. Specifically it discusses why criminal sentencingguidelines are set up the way that they are. It looks at the history of sentencing and discusses some of the controversial aspects of sentencing policies. It then looks at ways that policies on sentencing could be improved.
From the Paper "However, there are exceptions to sentencing guidelines in modern criminal sentencing, and that is one aspect of sentencing that brings forth many critics. The most controversial aspect of sentencing are mandatory guidelines for specific crimes, and many people feel these mandatory sentences simply do not work. Often the sentences are too long in these cases, or the history of the criminal and the facts of the crime are not brought into being. In short, there are exceptions to all rules, specially these (Bowman, 2003, p. B05). This is evident in statistics since 1970. During that time, the prison population has more than quadrupled, indicating a harder line, mandatory approach to many criminals in the sentencing process (Reitz, 2000, p. 541). Rehabilitation has become far less desirable, while alternative forms of punishment, such as house arrest and community service have been investigated as punishment for some "white-collar" crimes."
Abstract This paper evaluates the research about juvenile sentencingguidelines. The paper is based on an analysis of a 2000 article in "Justice Quarterly" that is critical of the criteria used by judges in sentencing juveniles.
From the Paper "The social issue being studied in the article is the criteria that judges in the juvenile justice system use to sentence juveniles who commit serious crimes. The problem arises because of the authors' assessment that studies of juvenile sentencing..."
Abstract This study looks at the problem of disparity in sentencingguidelines when it comes to DUI vehicular homicide. The study examines this disparity, as well as the sentencing disparity that exists with other types of crime. The paper contends that, while race is a significant reason for the disparity, it is not the only reason. A look at the various causes for sentencing disparity and how the injustice might be corrected is also the subject of this study.
Statement of Problem and Hypotheses
Purpose of the Study
Importance of the Study
Scope of the Study
Rationale of the Study
Introduction to the Literature Review
History of Sentencing Types of Sentencing SentencingGuidelines for DUI Homicides
Factors that Influence a Judges Decision
A History of DUI Laws/Legislation
From the Paper "This has become a serious problem for many minority individuals, since many who have been sentenced are insisting that the guidelines under which they have been sentenced are unfair. Literature on this subject, which will be reviewed in Chapter Two, appears to indicate that some disparity may exist, and this is worrying for minority individuals, due to the fact that they are aware that, if they are arrested for DUI vehicular homicide, they will likely be punished more severely than those that are of the Caucasian race."
Abstract Mandatory sentences are decisions that limit judicial discretion by setting the minimum punishment that must be inflicted on a person convicted of a crime. The paper focuses specifically on these mandatory minimum sentences as they apply to drug-related offenses, with special emphasis on sentencing for powder cocaine as it compares to sentencing for crack cocaine. The paper describes these mandatory minimum sentencingguidelines, shows the arguments in support of and in opposition to these guidelines, before finally describing the author's own position on the matter.
From the Paper "In areas where drug offenses are common, there is a concern that judges and other law enforcement officials may become desensitized to the seriousness of the offenses, simply because they happen so often. For this reason, mandatory minimums can prevent this trivialization of drug crimes, by ensuring that despite a judge's personal feelings towards drug use or sympathy for a defendant, said defendant would not be given a lesser punishment. There is also a belief among supporters of mandatory minimums that in jurisdictions saturated with drug use, offenders may be viewed in a less harsh light because "everybody does it". Some fear this attitude might cause judges, especially those with many years on the bench, to be more lenient. With the original thinking of mandatory minimums stemming from "Comprehensive Crime Control," leniency would be an undesirable outcome. The Comprehensive Crime Control Act was designed to show that drug offenses are intolerable, and that anyone violating drug laws will certainly be punished. Mandatory minimums prevent criminals from being treated like anything other than criminals."
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 investigates the reasons why about two thirds of the prison population consists of minorities. The author points out that all races of people are more likely to report crimes committed by minorities than crimes committed by whites, which leads to more minorities in the judicial system. The paper relates that more minorities live in poverty, which contributes to their inability to post bail or afford a good lawyer. The author states that, under sentencingguidelines, judges are expected to tailor sentences according to specific characteristics of individual offenders. The paper suggests that white people commit crimes because of social influence, which have a lesser sentence: whereas, blacks commit crimes because of attitude and personality, which have a harsher sentence. The paper recommends that the Sentencing Reform Act must be amended and society must find a better means of regulating arrests.
From the Paper "To start, a crime would have had to been committed. From that point, one of two things may happen. An investigation begins or a witness reports what they have observed. If a suspect is detained they are questioned, or searched depending on probable cause. If enough evidence is gathered a suspect is then put under arrest and is booked, fingerprinted and waits for arraignment. After an arrangement, a suspect is given a bail and if met the suspect is released until their trial date. From this point, a suspect is tried in a criminal court to be judged by either a judge or a jury of his/her peers."
Discusses their purpose, effectiveness, application, judicial process leading to sentencing, plea bargaining, roles and reactions of judges and attorneys, problems and constitutional issues.
5,625 words (approx. 22.5 pages), 52 sources, 1995, $ 135.95
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 explores whether the Criminal Justice Act 2003 (CJS), which was introduced to modernise many areas of the criminal justice system in England and Wales, has promoted greater fairness in sentencing.
Abstract The paper argues that the CJA 2003 has produced to some extent a fair sentencingguideline, but that it has not promoted fairness as fully as it could have. The paper discusses how the CJA 2003 tried to correct the faults of the previous CJA 1991 but the CJA 2003 has also led to complications and disputes between the judiciary and legislature, causing an abandonment of tangible guidelines generally considered necessary to providing a fairer approach to sentencing.
Outline:
Introduction
The Evolution of the Fairness Notion: CJA 1991 and CJA 2003
Fairness to the Offender
Fairness to the Victim
Conclusion
From the Paper "The Criminal Justice Act 2003 is a wide ranging Act of Parliament introduced to modernise many areas of the criminal justice system in England and Wales. The role of sentencing is to ensure the safety of the community, help rehabilitate offenders to prevent them re-offending and reserve imprisonment for a limited range of serious, dangerous and persistent offenders. The goals of the CJA 2003 were to improve case management and reduce the scope for abusing the system by ensuring a more consistent sentencing procedure which reserves prison for the most serious offenders. It has its genesis in several reports and consultations including the Home Office White Paper Justice for All; Sir Robin Auld's Review of the Criminal Courts of England and Wales and John Halliday's Making Punishment Work which is a report of a review of the sentencing framework of England and Wales. Other recommendations of the Criminal Courts Review relating to court procedures were implemented in the Courts Act 2003.The underlying aims of the Act were to introduce reforms in two main areas: improved case management and a reduction in scope for abuse of the system."
Abstract This paper deals with the mandatory sentencingguidelines 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 sentencingguidelines 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."
Abstract In this article, the writer demonstrates through the literature reviewed that racial disparity in sentencing in today's courtrooms is a very real issue that must necessarily be proactively addressed especially since one in every 15 black men in America is incarcerated compared to one out of every one hundred white men. The writer discusses that racial disparity in sentencing is present in every aspect of today's judicial system and is so integrally interwoven into the system that the very structure of the sentencing phase of a case must be changed fundamentally if racial disparity in sentencing is to be eliminated. The writer maintains that this will clearly take a focused effort of criminal defense attorneys, the judicial system at all levels, prosecutors, and laws and legislation relating to sentencing and sentencingguidelines. The writer concludes that the elimination of racial disparity in sentencing will not be possible unless that elimination is intentional and proactive as well as fundamental, which will require the focused efforts of all stakeholders and participants in the judicial process of sentencing.
Outline:
Introduction
Racial Disparity in Sentencing confirmed by Research
Why Racial Disparity in Sentencing Exists
What Can Be Done to Correct Racial Disparity in Sentencing Discussion
From the Paper "Steps that are suggested by The Sentencing Project as those which the Judiciary can take is one of a leadership role in attempting to assure that minority defendants are not treated disparately at the time of their arrest or during the bail and release decisions as well as in the assignment of a defense attorney and in decisions regarding diversion. Finally, Judiciary should assure that racial disparity does not take place during the time of the plea negotiation process as well as in court docket management and at sentencing. Additionally, The Sentencing Project states that the court can work toward elimination of racial disparity in sentencing through institution training ..."
Abstract This study proposes to compare current federal special education policies in the United States, Australia and New Zealand. It outlines the policies and guidelines of each nation, specifically addressing accountability standards, funding and eligibility criteria for students with disabilities in state-sponsored education systems. This research draws on current literature and statistics to provide a comparative analysis of patterns and trends in existing policies.
Table of Contents:
Research Topic & Significance of the Project
Literature Review
Federalism in Education
Education Policy in Australia, New Zealand and the United States
Special Education Policy across Three Nations
Methodology
Research Questions & Hypotheses
Data Collection
Statistical Analyses
Special Education Typologies: Analysis and Discussion
Towards a System of Best Practices: Conclusion and Recommendations
From the Paper "This first analysis will be qualitative in nature. It will review the existing special education policies relative to development and content in relation to the nation's degree of federalism and other discovered variables. Individual traits in each nation that may play a role in policy development will also be defined. These potentially include terminology, history, population density, constitutional foundations, and organizational levels of interest/advocacy groups. I anticipate that this comparison may lead to a discussion of the cultural, structural, and political factors that influence policy development and implementation, and the degree to which policies adopted elsewhere can apply across countries. If this anticipated outcome is realized, than it will be clear that federalism is not the only variable that affects special education policy in each of these nations."
Tags:guidelines, students, constitution, development
