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Yes, I believe the rights of victims and the rights of society to be protected from harm are fairly taken into consideration when debating on offering probation to the offender. According to the text, every citizen has the right to protection and to feel protected. Additionally, the criminal justice system is set up to ensure the protection of victims as well as offer compensation for emotional, physical, or property losses. Millions of dollars are set aside to financially compensate victims for the tragedies they have experienced. The offender’s rights and well-being is also greatly considered when determining a route of punishment. Not only does the constitution protect offenders from cruel punishments, double jeopardy, and unlawful searches;
In the United States, a citizen has rights granted to them under documents such as the Constitution, including the Bill of Rights, which gives citizens certain freedoms as long as they obey the law. When someone commits a crime, they are then entitled to aspects such as a speedy trial, a fair jury, an attorney if they wish, and other things, under the sixth amendment. Even if the person is found guilty, as a U.S. citizen they have rights under the eighth amendment which include protection against excessive bail or fines, and cruel and unusual punishment. Since the framers enacted the amendment, the exact definition of cruel and unusual punishment has been difficult to pin down, changing with the times and everyone’s interpretations. Pete Earley’s novel, The Hot House: Life Inside Leavenworth Prison, depicts the conditions in the United States’ toughest prison, where some prisoner recounts, as well as Earley’s
Parole is a controversial issue because its vase ways to debate the challenges and problems that will exist. It’s like a side effect to medication based on one’s effectiveness belief. In like manner, the public media allows others who aren’t immediately effected to become tertiary, and secondary victims. It is the door to open opinions. An inmate is released from a sentence given parole and then assigned a parole and probation officer. The one thing that will make probation and parole successful is the supervision of the program and rehabilitation or residential treatment center. This will support the goal to maximize the good behavior and minimize the harmful behaviors of individuals. Probation is a good program because it’s a form of rehabilitation that gives inmates elevate space to obey rules and regulations. On the contrary, probation is risky just like any new diet plan that people use to
The U.S Constitution came up with exclusive amendments in order to promote rights for its citizens. One of them is the Fourth amendment. The Fourth Amendment highlights the right of people to be secure in their persons, houses, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searches, and persons or things to be seized (Worral, 2012). In other words such amendment gave significance to two legal concepts the prohibition of unreasonable searches and seizures and the obligation to provide probable cause to issue a warrant. This leads to the introduction of the landmark Supreme Court case Mapp v. Ohio and the connection to a fact pattern (similar case). Both cases will be analyzed showing the importance of facts and arguments regarding the exclusionary rule and the poisonous doctrine.
The Supreme Court developed the laws governing Victim Impact Statements based on what they thought was a constitutional conflict where the punishment may be enhanced when a statement made by the victim or family may have more of an impact on the sentencing authority than the severity of the crime (Stevens 2000). Or that the victim impact statement may draw the juries attention away from the evidence at hand and the case being decided through emotional not evidence based means. The Eighth Amendment requires that no excessive bail be required, nor excessive fines imposed, nor cruel and unusual punishments be inflicted.
Attempt by Congress to strike a balance between society's need for protection from crime and accused right to adequate proce...
One of the more controversial debates in today’s political arena, especially around election times, is that of felon disenfranchisement. The disenfranchisement of felons, or the practice of denying felons and ex-felons the right to vote, has been in practice before the colonization of America and traces back to early England; however, it has not become so controversial and publicized until recent times. “In today’s political system, felons and ex-felons are the only competent adults that are denied the right to vote; the total of those banned to vote is approximately 4.7 million men and women, over two percent of the nation’s population” (Reiman 3).
According to the Fifth and Fourteenth Amendments of the United States Constitution, the government is not allow to take away any individual’s life, liberty or property without a fair due process of law. Within the due process we can find the substantive and procedural process (Wasserman, 2004). The substantive put limits on the government actions such as interfering with certain personal basic interest. However, the procedural process protects the accused individual’s rights by ensuring that such person has the opportunity to be heard, and get a fair trial.
First off sentencing juveniles without parole should not be allowed to happen because the juveniles brain has not yet matured enough and they don’t think before they act. In the article “Juveniles don’t deserve life sentences” by Gail Garinger he asserts “young people are biologically different from adults. Brain imagining studies reveal that regions of
The root of Felon Disenfranchisement can be traced back to Greek and Roman laws. Where any person convicted of an infamous crime would lose his or her right to participate in polis. In Rome they would lose their right to participate in suffrage and to serve in the Roman legions. With the founding of the United States of America, the US Constitution gave the right to establish voting laws to the states. From 1776 - 1821 eleven states included felony disenfranchisement in their laws (Voter Registration Protection Act). By 1868 when the fourteenth Amendment was enacted eighteen states had adopted disenfranchisement laws. After the Civil War felony Disenfranchisement laws were used along with poll taxes and literary test to exclude African Americans from voting. The right to vote is considered to be one of the fundamental rights of citizenship in the United States. This right is more than just the right to mark a piece of paper and drop it in a box or the right to pull a lever in a voting booth. The right to vote includes the right to have a ballot counted for as a legal voting citizen. Although this right is considered fundamental, restrictions have been placed on this right. The main restriction is placed on persons convicted of a felony conviction all felonies not just infamous ones. Today on Election Day, as Americans wait in line to cast their vote over 4.65 million people are denied this most fundamental democratic right because of a past or present felony conviction.
Defenders of the Miranda decision say that fewer crimes solved are for a good reason. They believe that law enforcement officers were forced to stop coercive questioning techniques that are unconstitutional. Over the years, the Supreme Court has watered down its stance in saying that the Miranda rules are not constitutional obligations, but rather “prophylactic” safeguards intended to insure that officers do not force a confession from a suspect. The need for both effective law enforcement as well as protection of society dictates the need for potential alternatives to the limitations of Miranda that would simultaneously protect the interest of society in effective law enforcement while at the same time providing protection to suspects against unconstitutional force (www.ncpa.org).
While lawful incarceration deprives prisoners of most of Americas Constitutional rights, they do maintain a few constitutional rights. Federal courts, while hesitant to impede with the internal administration of prisons, will interfere to rectify violations of the constitutional rights that prisoners are still entitled to. A prison guideline that oversteps on a prisoner’s constitutional rights is lawful only if it is reasonably related to the safety of the inmates or the rehabilitation of that prisoner.
People who are convicted of felonies lose their rights to vote and other public rights, while corporation are convicted of felonies and they never lose their political right (Barak, 101). The criminal justice system is out to control the people, especially the people of color and in poverty. Money talks and the rich people are always getting away “murder”, while the poor are just be collected and thrown into cage to rot. The media always shows what they want to keep people controlled, they are another source of keeping fearing the people.
During those years, the Supreme Court ruled that capital punishment violated the Eight Amendment’s ban on cruel and unusual punishment. However, this ended in 1976, when the Supreme Court reversed the ruling. They stated that the punishment of sentencing one to death does not perpetually infringe the Constitution. Richard Nixon said, “Contrary to the views of some social theorists, I am convinced that the death penalty can be an effective deterrent against specific crimes. ”1 Whether the case be morally, monetarily, or just pure disagreement, citizens have argued the benefits of capital punishment.
Are kidnapping and legal incarceration the same? They both involve imprisonment against one’s will. Obviously, these opponents have flawed logic and therefore, if two acts end in the same result, they are not necessarily morally equivalent. Great effort has been made in our criminal justice system in pretrial, trial, appeals, writ and clemency procedures to minimize the chance of innocent person being convicted and sentenced to death. Since 1973, legal protections have been so great that 37 percent of all death row cases have been overturned for due process reasons or commuted.
While in the corrections phase of the criminal justice system, an inmate can be released into society in lieu of serving prison time through means of parole and probation. When an offender is on parole, this means they are released from prison with certain provisions in place for a certain amount of time (“Difference Between Probation and Parole”, n.d.). This type of release is typically given after approval by a parole board. Probation is used to describe an offender who is sentenced to serve prison time, but is instead allowed to serve the time outside confinement with certain conditions in place (“Difference Between Probation and Parole”, n.d.). Unlike parole, an offender on probation is usually handed down the sentence by judges of a court