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victims of the justice system research paper
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Criminals can come in many different shapes and sizes. For example, a criminal can be classified as being a murderer or a criminal could just simply have committed fraud in a business setting. There is a large diversity of criminals and it is the judge’s job to determine what is a fair punishment for a guilty verdict. Judge Ron Swanson, a federal judge for the Florida District Court of Appeal, deals with using cost-benefit analysis daily to determine what is fair for everyone involved. Before becoming a judge, Judge Swanson was a prosecutor coming out of law school in the University of Florida. As a prosecutor and a judge, Judge Swanson has always worked to bring justice for the victims, the defendant if he or she is innocent, and for the citizens Swanson’s argument, he stated that regardless of the situation, he needed to go the extra mile so people can get justice. This means that even though it is costlier and time consuming, it is worth it in the end to pay for these extra costs and take any extra risks. According to Judge Swanson, it is his job to be sure that the victims he encounters receive their fair treatment by doing it with purpose, integrity, and understanding that it is their day to get what they want. This is by far Judge Swanson’s most persuasive argument because it dispels the economic difficulties of maintaining death row by basically stating that it is the right thing to do from an ethical perspective. According to Judge Swanson, if someone such as a parent had lost a loved one such as a child, then that parent deserves fair treatment by killing the criminal that murdered the child. It is the parent’s day and even though there is nothing that will bring their child back, the parent will be at least a little more at ease knowing that the criminal who committed the murder is going to be taken care of. Of course there could be counterarguments that contradict Swanson’s beliefs on the issue, however, that does not take away the fact that Judge Swanson was persuasive and was able to somewhat dispel the cost-benefit analysis that states that it is too costly to maintain death row. In the end, it is about establishing justice for everyone involved and according to Judge Swanson, justice is more important regardless of the issues that exist with the death
A judge has the ability to choose to alter their decision for sentencing based on their respective state’s truth in sentencing program. Depending on the crime and the offender, a judge may decide to mandate the offender to a longer than average sentence. The judge may change the offender’s base sentence. It may be reduced to match a sentence that is similar to a non-truth in sentencing punishment. He or she knows the offender will only serve about eighty-five percent of the sentence before they are eligible for parole or released. By minimizing the sentence, the eighty-five percent served would resemble a sentence that allowed for early release (Chen, 2001, page ii). However, the judge may form a bias of the individual and use this power to order them to a greater amount of time in order to punish the person. An individual who commits a crime, especially a violent crime, would serve almost double the average sentence served (Ditton and Wilson, 1999, pages 7-8). It would also force individuals, who commit less severe crimes to serve longer sentences since they are serving the majority of their sentence. A bias of the offender, which can be based on any extralegal factor, may lead to an injustice sentence and truth in sentencing would not allow them to be released early. There are also innocent people within the criminal justice system that may be falsely convicted.
The conviction of guilty offenders when adhering to the guidelines of the NSW criminal trial process is not difficult based on the presumption of innocence. However, due to features of the criminal trial process, established by the adversarial system of trial, cases can often involve copious amounts of time and money, particularly evident in the case of R vs Rogerson and McNamara where factors such as time and money are demonstrated to be in excess. In addition, characteristics of the adversarial system such as plea bargaining has the power to hinder convictions due to the accused having the authority to hire experienced and expensive lawyers to argue their case, hence maintaining their innocence.
He begins his article with a counterclaim, which discusses how the death penalty is actually a better alternative than life in prison without parole. He uses an example of David Zink, a recently executed murderer, who says prisoners should “embrace” the death penalty because it is better than spending “23 hours a day locked inside a cell” (Holloway 3). A personal story from an actual inmate lends much credibility to his counterclaim. Acknowledging the death penalty can be beneficial strengthens Holloway’s overall argument. Holloway’s most effective claim is the high cost of litigation to the taxpayers. He uses good statistics when he says, in Colorado, the James Holmes case has cost the state “$3.5 million” dollars (3). This is strong data to back up his argument. Not seeking the death penalty only costs “an average of $150,000, again providing valid statistics to further his argument (3). When given a choice, taxpayers will want to save money when it affects their bottom line. These numbers are only for one case, so readers will wonder what the death penalty is really costing their state. His next argument states innocent people are sitting on death row. Holloway appeals to the reader’s emotions when he states, “there have been 154 verified cases of death row exonerations since 1973” (4). Readers will be mad or sad that this many people are locked in jail for crimes they did not commit. He
“ ….Judgments, right or wrong. This concern with concepts such as finality, jurisdiction, and the balance of powers may sound technical, lawyerly, and highly abstract. But so is the criminal justice system….Law must provide simple answers: innocence or guilt, freedom or imprisonment, life or death.” (Baude, 21).
Within the United State Supreme Court many tools are utilized to determine the final outcomes of cases. One of these tools is known as the “reasonable man/police officer” test. When it comes to keeping individuals out of the criminal justice system, the theory of deterrence is practiced. In this paper I will be discussing the importance of the “reasonable man/police officer” test and why it is used in the U.S. Supreme Court. I will also be discussing the importance of deterrence in our criminal justice system. Each of these two topics include different aspects that have to be recognized first in order to understand the overall concept. I will explain each topic, give an answer on why I agree and disagree and also provide supportive evidence for each of my points of view.
The major premise of Berlow’s article is to show the many injustices that take place within our courts that could contribute to wrongful sentencing of innocent men and women. For example, Berlow highlights the case of Rolando Cruz. Berlow states in paragraph 2, “Despite the fact that the police
Upon examination, one finds capital punishment to be economically weak and deficient. A common misconception of the death penalty is that the cost to execute a convicted criminal is cheaper than to place a convict in prison for life without parole. Due to the United States judicial system, the process of appeals, which is inevitable with cases involving death as the sentence, incurs an extreme cost and is very time consuming. The cost of a capital trial and execution can be two to six times greater than the amount of money needed to house and feed a prisoner for life. "Studies show incarceration costs roughly $20,000 per inmate per year ($800,000 if a person lives 40 years in prison). Research also shows a death-penalty ease costs roughly $2 million per execution," (Kaplan 2). Capital punishment is extremely expensive and depletes state governments of money that could be used for a wide range of programs that are beneficial. As Belolyn Wiliams-Harold, an author for the journal Black Enterprise, writes that county governments are typically responsible for the costs of prosecution and the costs of the criminal trial, including attorney's fees, and salaries for the members of the courtroom. All this money is spent at the expense of the corrections department and crime prevention programs, which are already is strapped for cash (Williams-Harlod 1). These "financial constraints," such as capital punishment, do not promote a healthy, commercial society, but actually cost and harm the public.
The strange life and death of Christopher McCandless is an enigma. After disappearing for 2 years, McCandless was found dead at age twenty-four in the Alaskan wilderness, the world stunned on why an affluent young man with a bright future would give it all up to live in seclusion in the wilderness. In his book Into the Wild, Jon Krakauer theorizes the motivations of McCandless and why a seemingly sane person would take such dangerous risks. Krakauer’s major theories of why McCandless did what he did revolve around a singular idea: freedom. Krakauer uses McCandless’s change of identity and wilderness adventures to symbolize freedom and self-expression.
This problem affects everyone, but only benefits four types of people; the judges, the lawyers, the clients paying thousands more to the lawyers to win their case, and the police. Judges today are not playing fair, and they are accepting bribes from equally corrupt lawyers that are desperate to win a case and improve their case winnings over their losses. The lawyers are asking for more money from the clients so that they can secretly hand over cash to the lawyers and ask for “favors” in the courtroom. With all of this injustice, comes fear implanted in the client, who is then willing to spend more on a lawyer to guarantee their success in a case; “fear and injustice equals more money for lawyers and judges”(Sachs).
Dating back to 1923, Judge Learned Hand said that the American judicial system “has always been haunted by the ghost of the innocent man convicted” (Jones, 2010). Wrongful convictions weren’t really the center of attention until a professor from Yale University published a book called Convicting the Innocent in 1932. This book shined light on 65 cases, pointed out legal reasons and presented ideas to bring upon reform.
Melanie Scruggs recently wrote an article titled “Cost will be too great if Houston doesn’t recycle” about the dangers that Houston may face if they continue to put recycling as a last priority. I believe that Melanie Scruggs does an amazing job describing the issues that we are facing and poses an effective argument on why we should recycle.
Wanting to understand and be involved with putting the right criminal behind bars has always been a passion. Getting a better understanding of the criminal justice system explained how innocent can be convicted. During, this learning process it has been obvious that there are new and lethal forms of criminality, which can range from international terrorism to transnational syndicates.
At first glance, it may seem that maintaining a life-term prisoner is more burdensome for taxpayers. However, according to Richard C. Dieter, the cost of a death penalty may amount to or even surpass the expenditures of handling less severe punishments for similar cases. Actually, the imposition of capital punishment requires complicated and numerous trials which can take a great amount of time. During this period, the defendant remains incarcerated and his maintenance is paid for with taxpayers’ money. Additional pre-trial time is needed to impose a death sentence with the involvement law experts, attorneys and additional trials (Dieter). All of these procedures require additional expenditures which make a death trial a costly
The definition of justice and the means by which it must be distributed differ depending on an individual’s background, culture, and own personal morals. As a country of many individualistic citizens, the United States has always tried its best to protect, but not coddle, its people in this area. Therefore, the criminal justice history of the United States is quite extensive and diverse; with each introduction of a new era, more modern technologies and ideals are incorporated into government, all with American citizens’ best interests in mind.
“African-American males are six times more likely to be incarcerated than white males and 2.5 times more likely than Hispanic males. In 2013, almost 3 percent of black males were imprisoned compared to 0.5 percent of white males. America’s prisons and jails cost more than $80 billion annually – about equivalent to the budget of the federal Department of Education” (Eisen, 2015). After hearing McCleskey v. Kemp trial, the court is informed about the defendant’s background and criminal history; mitigating factors affecting culpability brought to the attention of the