He viewed discrimination in capital sentencing as deliberate and identified the primary reasons why Black defendants with white victims have been denied fairness in capital sentencing. These are prosecutorial discretion in the selective prosecution of capital cases, prosecutorial misuse of peremptory challenges to systematically exclude Blacks from juries, judicial overrides by trial judges, prosecutorial misconduct and the ineffective assistance by defense counsel (Emmelman).
Helen Taylor Greene used a colonial model to explore the effectiveness and limitations placed on the police in the past and in the present (Emmelman, 2005). This colonial model showed that the police, regardless of color, were an oppressive force in many communities. Lately, Black political empowerment and ascendancy in many law enforcement departments have somewhat lessened police colonialism. Drawing from the history of Black policing in the U.S., Greene contended that Black police chiefs impacted policing because they held the power to establish priorities within their agencies and thus affect law enforcement policy on a national level. Elissa Krauss and Martha Schulman discussed Black juror nullification, the jury's right to determine both the law and the facts of a case and to act contrary to law. Some believe that African-American jurors were likely to judge cases according to their race-conceived notions of justice rather than on evidence. But Krauss and Schulman contended that, contrary to this claim, Black jurors follow the law by holding prosecutors to the burden of proof that the defendant be proven guilty beyond reasonable doubt. On the other hand, whites reject Black jurors because of Black jurors' behavior, which tended to assume that their role is to convict the defendant and thus their failure to administer "color-blind" justice according to the logic and experiences of white, not Blacks. Black juror nullification was then proposed as a solution to racial inequity in the courts, although the authors said this has not been practiced. Hiroshi Fukurai proposed the use of affirmative action programs as an alternative method for selecting jurors. These programs can solve the problem of inadequate representation of minorities in juries or the failure of minority defendants to be judged by a jury of their peers or color. According to these programs, half of the jurors can come from the majority groups and half from minority...
These suggested that the extent of juries' racial representative-ness reflected the proportion of majority and minority groups in the general population. The final jury would be chosen by affirmatively selecting from the eligible pool those jurors who shared racial, socio-cultural and other relevant characteristics as those of the defendants. Final comments were contributed by Robert Conners on whether restorative justice was actually restorative. He used an oppressive theory, or a framework of minority discourse on social inequity, in establishing that restorative justice held the offender accountable to the victim, the victim's primary social circle and the community. Conners presented the extent to which these methods can actually establish justice in the light of social, economic and political inequality. He found that there has been no attempt to solve or address the problems relating to a system of oppression. Thus, restorative justice as currently applied is mis-directed and only serves to reaffirm the status quo (Emmelman).#
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A Manual for Practitioners and Policymakers. Retrieved on March 29, 2013 from http://www.sentencingproject.org/doc/publications/rd_reducingracialdisparity.pdf
Pre-sentence investigation reports are a controversial element among criminal justice professionals. Theoretically, they enable the court to make better-educated decisions about sentencing by providing a comprehensive overview of a defendant's history. "The pre-sentencing report prepared by the pre-sentencing probation officer is a summary of relevant information on the defendant's life put together for the purpose of arriving at an appropriate sentencing recommendation. The defendant's criminal history, mitigating circumstances in the
Pre-Sentence Investigation ONONDAGA COUNTY PROBATION DEPARTMENT PRESENTENCE REPORT Court: Onondaga County Case No.: 11-4949 Indictment#: 11-1-20 Judge: Fred Friendly AKA/Maiden: N/A DR#: N/A Prosecutor: James Joyce Age/DOB: 10/01/81 Court Cont.#: N/A Main St. NYSID#: 937532 Legal Counsel: Tim Tom Tully, NY 13159 FBI#: 328-488-94 Phone [HIDDEN] Offense Date: 11/11/11 Arrest Date: 11/12/11 Conviction Date: 12/11/11 Original Charges: Stalking 2nd Final Conviction: Stalking 4th Charge Code: 120.45 NYS Penal Law A Class B Misdemeanor Codefendant/Correspondent: N/A Restitution: N. Relationship to Victim: Acquaint. Victim Impact: Sent:
Pre-Sentence Investigation Defense Attorney Jim Aiken Narcotics Detective Homicide Detective Miranda The Miranda rights were formulated in 1966 by the U.S. Supreme court after a case between Miranda v. Arizona. The Miranda rights relate to the frights of an individual when that person is being taken into custody by the police and before that individual is being questioned. The individual should be read out and told about his rights according to the Fifth Amendment so that
Criminal Trials and Sentencing Pre-Trial Process Post Arrest In a 2010 report, it is stated that Courtney Elizabeth Hernandez, of Killeen, Texas, was charged with the kidnapping of a 2-1/2-year-old girl. The Defendant was given permission by the mother of the child, who was stationed at Fort Hood as a soldier in the United States Army, to take the child camping. The child's mother contacted the defendant on the 5th of July 2010
The judge must choose a sentence from within the guideline range unless the court identifies an aggravating or mitigating circumstance that was not adequately considered by the Sentencing Commission. In mandatory minimum drug cases, judges can depart only upon motion from the government stating that a defendant has provided substantial assistance in the investigation or prosecution of another person. All guideline drug sentences are indirectly affected by the mandatory minimums.
Careful attention must be applied to assure that the monies are being delegated to the right fund and that all probationers are reporting in a timely manner. IV. Advantages/Disadvantages of Administration at State & County Level There are advantages and disadvantages of administration of Probation on the County as well as on the State level known to exist. Resources and funding is more often than not very limited in County and
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