Mandatory Minimum Sentencing Laws The Issues

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security
Publisher :
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.06/5 ( download)

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Download or read book Mandatory Minimum Sentencing Laws -- the Issues written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security and published by . This book was released on 2008 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : United States Sentencing Commission
Publisher :
ISBN 13 :
Total Pages : 68 pages
Book Rating : 4.5V/5 ( download)

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Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988-10 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Margaret Haerens
Publisher : Greenhaven Publishing
ISBN 13 :
Total Pages : 250 pages
Book Rating : 4.85/5 ( download)

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Download or read book Mandatory Minimum Sentencing written by Margaret Haerens and published by Greenhaven Publishing. This book was released on 2010 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers opposing viewpoints on mandatory minimum sentencing to give the reader both sides of the legal debate.

Author : Charles Doyle
Publisher : CreateSpace
ISBN 13 : 9781492892380
Total Pages : 128 pages
Book Rating : 4.86/5 ( download)

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Download or read book Federal Mandatory Minimum Sentencing Statutes written by Charles Doyle and published by CreateSpace. This book was released on 2013-10-03 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal mandatory minimum sentencing statutes limit the discretion of a sentencing court to impose a sentence that does not include a term of imprisonment or the death penalty. They have a long history and come in several varieties: the not-less-than, the flat sentence, and piggyback versions. Federal courts may refrain from imposing an otherwise required statutory mandatory minimum sentence when requested by the prosecution on the basis of substantial assistance toward the prosecution of others. First-time, low-level, non-violent offenders may be able to avoid the mandatory minimums under the Controlled Substances Acts, if they are completely forthcoming. The most common imposed federal mandatory minimum sentences arise under the Controlled Substance and Controlled Substance Import and Export Acts, the provisions punishing the presence of a firearm in connection with a crime of violence or drug trafficking offense, the Armed Career Criminal Act, various sex crimes include child pornography, and aggravated identity theft. Critics argue that mandatory minimums undermine the rationale and operation of the federal sentencing guidelines which are designed to eliminate unwarranted sentencing disparity. Counter arguments suggest that the guidelines themselves operate to undermine individual sentencing discretion and that the ills attributed to other mandatory minimums are more appropriately assigned to prosecutorial discretion or other sources. State and federal mandatory minimums have come under constitutional attack on several grounds over the years, and have generally survived. The Eighth Amendment's cruel and unusual punishments clause does bar mandatory capital punishment, and apparently bans any term of imprisonment that is grossly disproportionate to the seriousness of the crime for which it is imposed. The Supreme Court, however, has declined to overturn sentences imposed under the California three strikes law and challenged as cruel and unusual. Double jeopardy, ex post facto, due process, separation of powers, and equal protection challenges have been generally unavailing. The United States Sentencing Commission's Mandatory Minimum Penalties in the Federal Criminal Justice System (2011) recommends consideration of amendments to several of the statutes under which federal mandatory minimum sentences are most often imposed.

Author :
Publisher :
ISBN 13 : 9780160946127
Total Pages : 84 pages
Book Rating : 4.23/5 ( download)

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Download or read book Mandatory Minimum Penalties For Firearms Offenses in the Federal Criminal Justice System written by and published by . This book was released on with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : United States Sentencing Commission
Publisher :
ISBN 13 :
Total Pages : 276 pages
Book Rating : 4.24/5 ( download)

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Download or read book Mandatory Minimum Penalties in the Federal Criminal Justice System written by United States Sentencing Commission and published by . This book was released on 1991 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: As directed by section 1703 of Public Law 101-647.

Author : Committee on Causes and Consequences of High Rates of Incarceration
Publisher : National Academies Press
ISBN 13 : 9780309298018
Total Pages : 800 pages
Book Rating : 4.16/5 ( download)

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Download or read book The Growth of Incarceration in the United States written by Committee on Causes and Consequences of High Rates of Incarceration and published by National Academies Press. This book was released on 2014-12-31 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: After decades of stability from the 1920s to the early 1970s, the rate of imprisonment in the United States has increased fivefold during the last four decades. The U.S. penal population of 2.2 million adults is by far the largest in the world. Just under one-quarter of the world's prisoners are held in American prisons. The U.S. rate of incarceration, with nearly 1 out of every 100 adults in prison or jail, is 5 to 10 times higher than the rates in Western Europe and other democracies. The U.S. prison population is largely drawn from the most disadvantaged part of the nation's population: mostly men under age 40, disproportionately minority, and poorly educated. Prisoners often carry additional deficits of drug and alcohol addictions, mental and physical illnesses, and lack of work preparation or experience. The growth of incarceration in the United States during four decades has prompted numerous critiques and a growing body of scientific knowledge about what prompted the rise and what its consequences have been for the people imprisoned, their families and communities, and for U.S. society. The Growth of Incarceration in the United States examines research and analysis of the dramatic rise of incarceration rates and its affects. This study makes the case that the United States has gone far past the point where the numbers of people in prison can be justified by social benefits and has reached a level where these high rates of incarceration themselves constitute a source of injustice and social harm. The Growth of Incarceration in the United States examines policy changes that created an increasingly punitive political climate and offers specific policy advice in sentencing policy, prison policy, and social policy. The report also identifies important research questions that must be answered to provide a firmer basis for policy. This report is a call for change in the way society views criminals, punishment, and prison. This landmark study assesses the evidence and its implications for public policy to inform an extensive and thoughtful public debate about and reconsideration of policies.

Author : Paul Gendreau
Publisher :
ISBN 13 : 9780662284062
Total Pages : 39 pages
Book Rating : 4.62/5 ( download)

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Download or read book The Effects of Prison Sentences on Recidivism written by Paul Gendreau and published by . This book was released on 1999 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Jonathan Simon
Publisher : Oxford University Press
ISBN 13 : 0195181085
Total Pages : 341 pages
Book Rating : 4.81/5 ( download)

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Download or read book Governing Through Crime written by Jonathan Simon and published by Oxford University Press. This book was released on 2007-02-03 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across America today gated communities sprawl out from urban centers, employers enforce mandatory drug testing, and schools screen students with metal detectors. Social problems ranging from welfare dependency to educational inequality have been reconceptualized as crimes, with an attendant focus on assigning fault and imposing consequences. Even before the recent terrorist attacks, non-citizen residents had become subject to an increasingly harsh regime of detention and deportation, and prospective employees subjected to background checks. How and when did our everyday world become dominated by fear, every citizen treated as a potential criminal?In this startlingly original work, Jonathan Simon traces this pattern back to the collapse of the New Deal approach to governing during the 1960s when declining confidence in expert-guided government policies sent political leaders searching for new models of governance. The War on Crime offered a ready solution to their problem: politicians set agendas by drawing analogies to crime and redefined the ideal citizen as a crime victim, one whose vulnerabilities opened the door to overweening government intervention. By the 1980s, this transformation of the core powers of government had spilled over into the institutions that govern daily life. Soon our schools, our families, our workplaces, and our residential communities were being governed through crime.This powerful work concludes with a call for passive citizens to become engaged partners in the management of risk and the treatment of social ills. Only by coming together to produce security, can we free ourselves from a logic of domination by others, and from the fear that currently rules our everyday life.

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime and Criminal Justice
Publisher :
ISBN 13 :
Total Pages : 182 pages
Book Rating : 4.55/5 ( download)

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Download or read book Federal Mandatory Minimum Sentencing written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime and Criminal Justice and published by . This book was released on 1995 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: