51) in the sentencing phase of a case, it may be necessary for defense attorneys to "utilize sentencing advocates who can develop sentencing proposals for the court in felony cases and jointly challenge unwarranted disparities at sentencing." (the Sentencing Project, 2000; p.52) Also listed as issues that the Bar and Criminal Defense Attorney Associations could focus upon are: (1) the development and implementation of standards and guidelines for bail, pretrial release, prosecutorial diversion, charge and plea-bargaining;
2) the development and funding of specific efforts to reduce minority representation at all stages of the justice process; and 3) the availability of other resource needs such as community-based alternative sanctions and sentencing advocacy opportunities. (the Sentencing Project, 2000; p. 54)
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. (the Sentencing Project, 2000; paraphrased) Additionally, the Sentencing Project states that the court can work toward elimination of racial disparity in sentencing through institution training "...for judges on bail and sentencing decisions...work with other criminal justice officials and representatives of minority communities" in the design and implementation of "useful and effective alternative pretrial release and post-adjudication sanction programs...work with local criminal justice and elected officials to consider how to address disparities in pretrial release and sentencing." (the Sentencing Project, 2000; p.57) There are additional suggestions stated by the Sentencing Project, which are practical methods, which may be used successfully by the Judicial System and the Criminal Defense Association and other in orders to proactively eliminate...
It is not known if the bias found among males also exists among women. This study will address both the gap in methodology and the lack of studies regarding women. It will contribute to the existing body of evidence by filling in these important gaps. Definitions Valid research is based on consistency and a mutual understanding of the research parameters. Although, many of the terms used in this study will be
Mandatory Sentencing Public policy, crime, and criminal justice Mandatory Sentencing: Case Study Critique The prime grounds of mandatory sentencing laws are utilitarian. The laws come with long prison sentences for recidivists, drug dealers and isolation of violent criminals from the community aiming at preventing them from committing additional crimes outside the prison walls. In addition, the design of mandatory sentencing aim at deterring and portraying a harsh reflection to potential offenders of the
Drug Sentencing in the U.S. Criminal Justice System The objective of the research proposed in this document is to examine the issue of drug sentencing in the U.S. Criminal Justice System in order to determine if the sentencing used is effective in bringing about a reduction in drug offenses and the rehabilitation of prisoners in successful return to society following incarceration. (1) Is drug sentencing in the U.S. Criminal Justice System effective
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.
Introduction A defendant that has successfully been prosecuted and then found guilty will have their sentence determined and read out by a judge at the sentencing hearing. The sentencing hearing can only take place after the criminal conviction. During the sentencing hearing, the judge will have to decide on a sentence or a punishment based on the maximum and minimum sentences for the particular crime, as stipulated in the penal code.
Judicial discretion enables judges to make sentencing decisions within specific statutory limits. As with prosecutorial discretion, judicial discretion is built into the system as a means of enabling flexibility, accounting for special circumstances and rapidly shifting norms, and also increasing efficiency. Although judicial discretion has been widely and voraciously accused of fostering racial disparities, it has also been presented as the means to reduce sentencing disparities and promote justice (Bunin,
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