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C J 327
Assignment 2
Please answer each dilemma in as much details as
possible with at least two references per question. One of your reference may
be your text book.
Chapter 3: SENTENCING: TO PUNISH OR TO REFORM
**Ethical Dilemma 3-1
http://tracfed.syr.edu/tracreports/judge/274/
Annotation:
Sentencing structures vary from state to state. Is this fair? How might we
address disparities in sentencing?
**Ethical
Dilemma 3-2
Annotation:
What's wrong with "three strikes" laws?
**Ethical
Dilemma 3-3
Annotation:
What's right with "three strikes" laws?
**Ethical
Dilemma 3-4
http://www.innocenceproject.org/understand/
Annotation:
Our criminal justice system fails sometimes. What are the causes and remedies
of wrongful convictions?
Chapter 4:
Diversion and Probation: How most offenders are punished
**Ethical
Dilemma 4-1
http://www.huffingtonpost.com/jim-moret/is-there-sexism-in-celebr_b_840416.html
Annotation: Does
gender or celebrity status play a role in who gets probation?
**Ethical
Dilemma 4-2
https://www.ncjrs.gov/App/publications/Abstract.aspx?id=200701
Annotation:
Should probation officers be advocates for sentencing reform? Why or why not?
What are the issues
Article
Response: Ethical Dilemma
Name
Institution/Affiliation
Chapter
3:
Ethical
Dilemma 3-1
Trac Reports (2012) states that an analysis
of cases completed by the federal courts has extensively revealed that there
are differences in terms of sentencing practices by the federal judges working
in many federal districts. And so, sentences handed down by the federal
district courts are dissimilar from the typical sentences issued out for the comparable
and related cases by other judges in that very same district. As such, this
proves to be unfair. For that reason, disparities in federal court sentences
should be addressed by ensuring the courts' system under the provisions of the
law dispenses ‘equal justice' (Damico, 1992). In consequence, this will lead to
typical sentences handed down by the federal courts not being widely different
for similar kinds of cases due to the systematic examination of sentences; that
will create public awareness regarding the dispensation of justice through the
court system.
References
Damico, A. (1992). The American Political Science
Review, 86(4), 1049-1050.
Trac
Reports (2012). Surprising Judge-to-Judge Variations Documented In Federal
Sentencing, TracReports. Retrieved on
16th September 2017 from http://tracfed.syr.edu/tracreports/judge/274/
Ethical
Dilemma 3-2
According to
Staples (2012), the three strikes law can be described as a Kafkaesque criminal
justice system that disregarded the fundamental principle of justice; as such
the law disproportionately issued life sentences to black defendants.
Additionally, under the three strikes law, low-level felonies attracted life
sentences, as a result despite the law being punitive it also led to high
prison maintenance costs. However, the amendment to the statute allows the
imposition of life sentences to felony offense that are considered to be either
violent or serious, as per the provisions of the California’s state law. In
addition, Romano (2010) asserts that the law so that to correct the past
mistakes ordered for a resentencing process for the low-level offenders who
bear no threat to the general public. Therefore, the resentencing practice is
aimed at changing the barbaric treatment of offenders, for instance mentally
challenged defendants, who made up a significant number of the victim of the
three strikes law.
References
Romano,
M. (2010). Divining the Spirit of California's Three Strikes Law. Federal
Sentencing Reporter, 22(3), 171-175.
