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Positives and negatives of sentencing guidelines
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The U.S sentencing guidelines provide a great framework and incentives for companies to go far and beyond the expectations, and to create regulations and rules to minimize and penalize criminal activities. If a company is found to be incurring in some illicit activity, the company will be penalized monetarily by the application of fines that are calculated based on the degree of liability. The financial impact to an organization could be substantial, however by complying with the status of the guidelines and setting up ethical classes and courses fines may be minimized, and penalization reduce. D.1- Discuss three culpability factors that are used to determine fines under the U.S. Sentencing Guidelines. I found the following factors to be incriminating
The Canadian justice system is organized into the police, courts and prisons (Goff, 2013, p.295). When a crime is committed it is up to the justice system to insure that justice is served.
As we lose ourselves and our values, worth, and identity as people in the corporate culture, the objectives of monetary profit, status within a company, and machine-like work ethics replace our ethical judgement and our values as people. Perhaps there is nothing we can do about it; after all Skilling and Fastow did not realize what they were doing is immoral and illegal until they were sentenced or even released from their sentence. We are all too absorbed in this capitalistic corporate world we live in. Just like the ancient Chinese philosopher Fu Xuan said, “He who is close to the ink will be stained black,” (Fu, “Prince Shao Fu Xuan”), We have been too used to the immorality and unethical practices of corporate culture that we’re not only numb to the wrongdoings of others within this capitalist society, but we also replace our values as people and our ambitions to do good with objectives of the corporate world. Prebbles posed us the question that after centuries of capitalism’s existence in our society, will our ambitions to do good prevail against our monetary desires and the corporate norm of only profit-driven decisions?
Due to the unfair sentencing disparity between crack and cocaine, despite the fact that the two are the same drug, just in different forms, the government endorsed a law to reduce the sentencing of those who were convicted of crack related offenses. Repealing past wrong doings seemed to be a hurdle initially for lawmakers, but ultimately inmates finally received some of the justice that they deserved. The disparity in sentencing was seen by many as to be a racial war, considering the fact that blacks typically used crack, and whites used powder cocaine. Even though they are in essence the same drug, just broken down into different forms.
Sentencing of a convicted criminal is ultimately in the hands of the judge. Although there are standards that may be suggested for a judge to follow that work in accordance with the crime committed, by no means is a judge required to follow those suggested standards when making a decision. In the end, the final verdict is left up to the judge presiding over the case and they can do with that how they feel fit. Which is why in the case of Rhonda Kuzak, the judge has decided to go a less conventional route with her punishment. Because of the previous convictions Kuzak has on her record, a simple fine and/or jail time will not be what the court ordered. Kuzak has been arrested and convicted three prior times for possession of drugs, cocaine to
The aims of sentencing include punishment, deterrence, rehabilitation, denunciation and protection. Punishment is used to punish the offender for their wrong conduct to an extent and in a way that is just in all circumstances and is intended to show public abhorrence from the offence. An example of a sentencing option that may be used to punish an offender includes imprisonment. A recent sentence imposed in the Tasmanian Supreme Court aimed at punishing an offender is the case of Michael Robert Keeling v State of Tasmania in which the judge needed to balance the need to punish the offender and the need to deter him and others from such conduct while keeping the best interests of the community in mind. Deterrent sentences are aimed at deterring not only the offender from further offences but also potential offenders. Specific deterrence is concerned with punishing an offender in the expectation they will not offend again whereas general deterrence is related to the possibility that people in general will be deterred from committing crime by the threat of punishment. An example of ...
Within a company, illegal practices can be seen by many as the “in thing” and the people working within that environment may not see what they are doing as morally wrong. The issue of the lack of media coverage of these types of crimes must also not be overlooked.
Q1. An inmate’s institutional placement depends on the nature of their crime as well as the security level. “The objective of the staff is to assign an inmate to the least restrictive environment that still provides appropriate control” (77). Other factors that can help this process is the offender's age, prior record and total points. Inmate’s must be placed appropriately to ensure the safety of the staff and the inmates themselves. “The judgement of the staff continues to be a significant component of the designation process” (78). There are three types of prison an inmate can be housed in. There are called maximum, medium, and minimum prisons.
After a case like Enron, it is easy to be pessimistic about the prospects for change that could effectively prevent corporate crime. The ideas presented in this paper suggest that regulatory agencies can play a fundamental role not only in encouraging compliance with the law, but also deterring corporate crime. It is clear that corporate crime has substantial effects on its victims, yet corporations or their executives are not always held accountable for their actions. Compared to criminal prosecutors, regulators have more knowledge and resources to monitor corporations and potential offenders better understand the penalties associated with regulation. For these reasons, the power of regulatory agencies to monitor business practices should be increased.
Be sure to address the four types of sentencing models and the issues surrounding them (equity, truth-in-sentencing and proportionality).
I wanted to reach and touch basis with all the staff and different agencies currently working d with the client J.L. As you all know the client currently is located on El Segundo and Alameda in the city of Compton. A tetantive plan has been discussed with the Sherriff ‘s Department and HOPICS LEAD program , that will eventually result in placing a psychiatric hold on the client. The ultimate goal would be to have the client place somewhere permantly which would coincide with diversion , instead of incarceration based on his psychiatric needs.
Perri, J.D., CFE, CPA, F. (2011, January/February). White-collar crime punishment too much or not enough?. FRAUDMAGAZINE, Retrieved from http://www.all-about-forensic-science.com/support-files/white-collar-crime-punishment.pdf
In the United States there are two types of sentencing a judge can give a person when they are proven guilty of a crime and these two sentencing are determinate and indeterminate. Now each one of these sentences are put in place in order to determine if a person is going to spend a few months or several months in prison or several years in prison. Now a determinate sentence is considered a type of sentence where an offender has received a fixed term in prison or jail and it cannot be changed by a parole board or any other agency but they can get out for earn time. Fortunately, this sentence gives the judge a mandatory minimum sentencing guideline where they can consider some individual circumstances. Unlike, determinate sentencing indeterminate
Sentencing is the imposition of a criminal sanction by a sentencing authority , such as a judge. Schmallger & Smykla, 2009, pg# 71) There are seven goals of sentencing including revenge, retribution, just deserts, deterrence, incapacitation, rehabilitation and restoration. Revenge refers to a retaliation to some kind of assault and injury. Revenge can be a type of punishment for the criminal justice system. The jury, sometimes, basis there choices on emotions, facts and evidence. It is considered revenge in some cases because the victim's looks at it that way when they feel justice has been served. Retribution is a type of sentencing involving another form of retaliation. Retribution means "paying back" the offender for what he or she has done. ( Schmalleger & Smykla, 2009, pg# 73) The victim is not alone when it comes to being affected by the crime. Society is strongly affected by what a criminal does in whichever area he or she chooses. Retribution, in a good sense, would be if a coworker does her best as her job and her boss gave her a raise. This would be considered paying her back for her good deeds. As far as the criminal's heinous acts, retribution would more than likely be community service in the town were the crimes occurred. This form of sentencing gives a sort of relief to society
Champion, D 2011, ‘White-collar crimes and organizational offending: An integral approach’, International Journal of Business, Humanities, and Technology, vol. 1 no. 3, pp. 34-35.
The concept of punishment has been misunderstood and misapplied by majority of many who think and suppose that punishment is a means of inflicting pain on the learner by beating as majority think by so doing it will change the behaviour of the learner and conform him to be a responsible future citizen. Punishment in a four wall classroom goes beyond a teacher using a stick as a teaching aid, to adopting other measures which can modify, encourage and bring permanent change in the behaviour of the learners.