L Aws Are The Solution Essay

982 words - 4 pages

One of the major reasons that prisons have overcrowded is that crime control strategies and legislative changes have meant longer sentencing (Mcshane, 2008). A study in 2006 showed the change in the State and Federal prison population from 1990 to 2005. In 1990 there was a total of 773,124 inmates. In 2005, that number increased to 2,186,230 (Harrison & Beck, 2006). The three- strikes laws has a great impact on the overpopulation of our prison systems because it means more life sentencing with a lesser possibility of parole for most offenders. The three-strike laws are a form of the Federal Mandatory Minimum Sentencing Laws.
The majority of the mandatory minimum sentencing laws apply to drug crimes. These laws limit the judicial discretion of all judges on drug cases. Individuals’ who are convicted of particular crimes must be punished in accordance to the Mandatory minimums laws which state that at least the minimum sentence is required. This law weakens the Criminal Justice System in many ways. The law prevents judges from fitting the punishment and or sentence according to the individual and the circumstances of the crime committed. Due to the law’s limitation to the discretion of judges, federal and state prisons are overcrowding at the cost of taxpayers.
Before this law, general sentencing of a convicted individual was decided by a judge after the individual has plead guilty or if found guilty in trial. The general sentencing was decided based on the crime and the circumstances, the punishment was intended to be proportional to the crime committed (Champion, 2008). Judges were able to use their discretion on sentencing in accordance to the federal and state sentencing guidelines. However, when the Mandatory Minimum Sentencing Laws came into effect, judges have a much less discretion on sentencing/punishment. By law if the crime is subject to the Mandatory Minimum Sentencing Law, the judge has a legal obligation to impose at least the minimum sentence.
According to Broderick (1998), Mandatory Minimum Sentencing Laws impose sentencing based on the statutory description of a crime without factoring in any circumstances. Many mandatory minimum drug sentencing laws are very unjust. Nonviolent crimes should not be as harsh or punished as violent crime as they are not the same. However, under the mandatory minimum sentencing law, they are considered equal and should be punished equally. A study on 2010 showed that 344 people in California are serving a life sentence for shoplifting small amounts of merchandise and more than 650 people are also serving life sentences for possessing small quantities of drugs, (Chemerinsky, 2010). Such punishments do not fit the crime committed, sending more people to prison for longer time.
An example of these inhumane acts is the case of Leonardo Andrade. The Supreme Court sentenced Leonardo to a life sentence with no possibility of parole for 50 years for stealing 153 dollars’ worth of children’s...

Find Another Essay On LAws are the solution

Why The Laws Regarding The Prohibition Of Piracy Are Wrong

1023 words - 5 pages , soaking them in silence waiting for them to crack up. The fight for online piracy and freedom of the internet continues. The laws right now are unfit for purpose and need to change, as the real crime is by governments and local authorities, the crimes against humanitarianism, against the poor pirates who mean no harm.

Nano-microbicides are the Solution to the HIV Pandemic

2851 words - 11 pages the circulation via dermal exposure and the metabolic pathway that is followed by these nano-particles. Radio-labeling is one of the techniques used to determine the distribution of nano-medicine in a patient which evaluates the uptake of the nano-microbicides into specific tissue and cells and also investigates the mechanism of targeting (DU TOIT et. al., 2009). Clearly nano-microbicides are the solution to the HIV

Vouchers Are Not the Solution for Improving Public Schools

1762 words - 7 pages Vouchers Are Not the Solution for Improving Public Schools Missing Works Cited “Vouchers lead us away from the basic American tradition of a free, quality public education for every student and undermine the kind of comprehensive, systemic school reform that is working […]” (Tirozzi, 1997). This quote taken from Gerald Tirozzi, the assistant U.S. secretary of education for elementary and secondary education, sums up the issue of vouchers

Life Gives Us Problems, We Are the Solution

2250 words - 9 pages a role to play, and has a life to live that can leave a legacy. Everyone learns from real-life experience – both from themselves and others. We also learn from each other. Everyone has a story to share and a lesson to share that might trigger a heart to mobilize hope. We can make every today as tomorrow’s best histories. We are all part of the solution. Everyone has a story to tell, has a message to share and an experience that are parts of a

America’s Failing Public Schools: Charter Schools Are Not the Solution

1955 words - 8 pages America’s Failing Public Schools: Charter Schools Are Not the Solution   It was with wild fanfare that the state’s Republican legislature and Republican Governor enacted their reforms for the state’s public school system. Among the panaceas was charter schools, a ‘90s education fad that gives individual parents the right to send their children to state-approved public charter schools at public expense. Politicians reasoned that less

Poverty in America: Government Welfare Programs are the Solution

1370 words - 5 pages “What is poverty? Poverty is hunger. Poverty is lack of shelter. Poverty is being sick and not being able to see a doctor. Poverty is not having access to school and not knowing how to read. Poverty is not having a job, is fear for the future, living one day at a time. Poverty is losing a child to illness brought about by unclean water. Poverty is powerlessness, lack of representation and freedom” (The World Bank, 2009). People are

Why are Statutory Rape Laws in NC more favorable for the girl rather than the guy?

1945 words - 8 pages Have you ever wondered what Statutory Rape really is? It is sexual intercourse with a minor. In humbler terms it is when a male adult 18 years or older has sexual intercourse with a female who is 17 years old or younger without consent. The issue that I have seen arise a great deal of the time is that the laws in most states are sexually biased when it comes to an adult male and an underage female. In this essay I want to specifically focus on

How are the copyright holders and laws regarding copyright affected in digital era?

1371 words - 6 pages Few centuries ago, during the rise of the printer era, many European countries developed concepts for controlling who has a right to print a copy of a text. These laws were the first occurrences of a law protecting intellectual property. For some time, laws born out of those original laws were mostly enough for protecting the rights of the authors. But, things have rapidly changed in the 21st century, with the rise of digital reproduction

Why Laws are broken and deterents to the breaking of them

840 words - 3 pages This topic asks us why so many laws are broken everyday and what can be done to prevent people in society from breaking the law.The temptation to break a law is sometimes too strong. It is overwhelming and some find it difficult to resist. To prevent people from feeling this way, they should be shown how their acts affect the areas and people around them.Some people break the law for sheer pleasure and enjoyment, like graffiti and stealing. But

Genetically Modified Organisms are a Solution to the War on Hunger

1239 words - 5 pages Genetically Modified Organisms are a Solution to the War on Hunger Over the course of this speech, sixty people will die. Imagine all of your friends and family gone within the next five minutes. Imagine the classroom next door, gone, and imagine our class, gone. Every four seconds another person dies from hunger. 21,000 people die every day. That’s 7.5 million people each and every year (“World Hunger Statistics” 1). Why is it now that

Does one obey his/her religious beliefs when they are in conflict with the laws of the state?

1083 words - 4 pages I believe that in the play, "Antigone" by Sophocles that one does not obey his or her religious beliefs when they are in conflict with the laws of state because Creon believes that all should obey the laws set forth by him, even if other beliefs in their moral or religious state. But Antigone on the other hand, who is a citizen of this society, believes that the laws of the gods should be obeyed above all others especially when in respect to her

Similar Essays

Solution To The Foreclosure Crisis: Lending Laws

1606 words - 6 pages solution, I have come up with three steps that could be taken to repair our nation’s foreclosure problem. We first need to reduce the risk of the loan to the lender, and then we need to increase the consumer’s buying power, and also work to make the foreclosure process more efficient. To come to any resolution at all we first need to discover how we got to where we currently are. Real estate values and how they are set must be well understood. The

Web Filters Are Not The Solution

625 words - 3 pages Web Filters are Not the Solution The scene is perfectly clear in my mind. Twelve years old and just home from an overnight stay with a friend, I walked in the door with a Sex Pistols patch on my backpack, a clip-on earring in my ear, and a cherry Kool-Aid dye job. The initial looks of shock and horror on the faces of my parents were priceless - that is until they opened their mouths. I was grounded for a month

Alternative Energy: Are Biofuels The Solution?

1171 words - 5 pages fossil fuels are composed of; one of which is Carbon dioxide gas. The emissions of such chemical compounds have gradually shifted the Earth’s climate; which have resulted in implications such as elevated sea levels, depletion of the ozone layer and increase of the Earth’s temperature. Fossil fuels are a limited resource and at this rate of consumption the supply may be completely depleted in a few decades time. Clearly, a solution to this ravaging

Public Schools Are The Problem, Private Schools Are The Solution

1060 words - 4 pages their believe in these maters. Private schools are currently offering the best solution to their problems facing the public school systems. Works Cited Anyon, Jean. "From Social Class and the Hidden Curriculum of Work." Reading America. Cultural contexts for critical thinking and writing 4th ed. EDS. Gary Colombo, Robert Cullen, and Bonnie Lisle. Boston: Bedford Books/St Martin’s Press. 1998. 186-202. "From Report of the French