Critical Issues in the American Criminal Justice System -...

Critical Issues in the American Criminal Justice System: Sentencing Decisions and the Death Penalty Richard W Ramsay Dr. Allen Lowery CJ 6624 – Court Administration December 1, 2010 Abstract This paper discusses three critical issues in the criminal justice system. It touches on the general issues of punishment philosophies, sentence decision making, and prison overcrowding and focused more specifically on the negative effects of each. Highlighted in this informational paper is the interrelated nature of the issues; each issue affects and is affected by the others. Data and information has been gathered from the FBI Uniform Crime Report, the Bureau of Justice Statistics, Amnesty International, the NAACP Legal Defense†¦show more content†¦375) and by using this hedonistic calculus people will refrain from committing crimes. This concept focuses on the punishment fitting the criminal and on preventing future crimes from occurring. The three most important factors in effectively deterring a criminal from further crimes are the severity of the punishment, the certainty of the punishment, and the swiftness of the punishment. If criminal doesn’t believe he will be punished or he feels the punishment is minor in comparison to the crime or if the punishment is not swift enough, then he/she will not be deterred from committing crimes. Studies on the effectiveness of deterrence have shown to be inconclusive. The deficient areas of deterrence are crimes committed in the heat of passions, crimes committed under the influence of drugs or alcohol, and the massive backlog of cases in the nation’s courts (Neubauer amp; Fradella, 2008). Incapacitation, the removal of the offender from society to prevent them from harming society further, has been in use since ancient times. The incapacitation may be in the form of exile, penal colonies, prison, or placement in a mental institution. Regardless of the form, incapacitation places its focus on the future behavior of the offender and on the characteristics of the offender. It assumes that since that majority of crime is committed by a small number of criminals, removing them from society will redu ce crime. What this theory does not take in toShow MoreRelatedRacial Disparity in Sentencing1728 Words   |  7 PagesDisparity in Sentencing Lori Raynor University of Phoenix Cultural Diversity in Criminal Justice CJA/423 Ron McGee September 06, 2010 Abstract In this paper I will illustrate racial disparity in sentencing in the criminal justice system. The causes of racial disparity and the reasons it is on the rise, the research statistics, and the proposed solutions are discussed. Racial Disparity in Sentencing The intersection of racial dynamics with the criminal justice system is one ofRead MoreDeath Penalty Sentencing and the Criminal Justice System619 Words   |  2 Pagesï » ¿Jpz777 04/15/2013 Order # 2091084 An examination of death penalty sentencing procedures within the American criminal justice system suggests that the legal and moral authority to execute condemned criminals granted to a government has been tested time and time again, only to be reaffirmed by the Supreme Court. While the 1960s saw a series of failed attempts to ban the practice, launched by death penalty abolitionist groups firm in their belief that murder can never be justified, it was not untilRead MoreEssay on Should the Death Penalty be Abolished?3057 Words   |  13 PagesShould the death penalty be abolished? The death penalty does one thing it â€Å"kills.† It temporarily takes away the pain for someone’s loss, but in the end it does not bring back the person you loved. 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Presently, our nation is under a presidential administrationRead More Sentencing of Juveniles Essay2553 Words   |  11 PagesThe Sentencing of Juveniles Today, we live in a society faced with many problems, including crime and the fear that it creates. In the modern era, juveniles have become a part of society to be feared, not rehabilitated. The basis of the early juvenile justice system was to rehabilitate and create safe havens for wayward youth. This is not the current philosophy, although the U.S. is one of the few remaining countries to execute juveniles. Presently, our nation is under a presidential administrationRead MoreCapital Punishment Should Be Banned1515 Words   |  7 Pagespunishment has been a part of the nation’s history as it dates back to the British North American colonies. Capital punishment was also used as a way to remove those prosecuted for being â€Å"witches† during the famous Salem Witch Trials. These days the use of the death penalty has become an anachronism. 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