Tuesday, January 28, 2020
Examining The Sentencing And Punishment Of Crime Criminology Essay
Examining The Sentencing And Punishment Of Crime Criminology Essay A sentence is a formal judgment pronouncing a specific punishment to be imposed for the conviction of a crime. It may involve the payment of a fine, community service, incarceration, or in capital offenses, the death penalty (Barlow, 2000). It also may consist of a term of probation or parole (although parole has been abolished in many states). Sentences may be meted out directly following the entry of a verdict or at a sentencing hearing scheduled for a later date. In the interim, prosecutors prepare a sentencing report which advises the court of the defendants prior criminal record, aggravating or mitigating circumstances, and other information about the defendant that may assist the court in deciding an appropriate punishment. There have been concerted efforts over the years to standardize the approach toward sentencing, particularly in felony offenses, and to diminish judicial discretion in sentencing. These efforts reflect a recurring perception by lawmakers and the public at la rge that arbitrary or discriminatory practices may interfere with fair and just sentencing in certain cases or for certain crimes. This paper will discuss sentencing, punishment as well as mens rea and actus reus. Judges, not juries, determine punishments for a crime (in capital punishment cases, the jury usually decides whether to recommend death or life in prison). The Eighth Amendment to the U. S. Constitution made applicable to the states by the Fourteenth Amendment provides that excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. In addition to the sentencing prohibitions contained in the Constitution, Title 18 of the United States Code, Part II (criminal procedure), Chapters 227 (sentences), 228 (death sentence), and 232 (miscellaneous sentencing provisions) also govern sentencing in federal courts (McAnany, August 2010). Most crimes are specifically enumerated in constitutions or statutes, and the provision that identifies the specific crime will also identify the appropriate punishment. For example, a statute may read, Violation of this statute constitutes a misdemeanor, punishable by a fine not to exceed $500 or imprisonment not to exceed thirty days, or both. Given this range of potential punishment, a judge will then consider certain aggravating or mitigating circumstances to determine where along the prescribed spectrum a particular criminals punishment should fall. Common factors considered by judges include: whether the offender is a first-time or a repeat offender, whether the offender was an accessory (helping the main offender) or the main offender, whether the offender committed the crime under great personal stress or duress, whether anyone was hurt, and whether the crime was committed in a manner that was unlikely to result in anyone being hurt, whether the offender was particularly crue l to a victim, or particularly destructive, vindictive, etc., and (sometimes) whether the offender is genuinely contrite or remorseful (Stuntz, 2004). Under Federal Rule of Criminal Procedure 32(a), before imposing a sentence, the court must afford counsel an opportunity to speak on behalf of the defendant. The court will address the defendant personally and ask him if he wishes to make a statement in his own behalf and to present any information in mitigation of punishment. The attorney for the government will have an equivalent opportunity to speak to the court. Similar provisions are contained in most state procedural statutes and rules. In many state courts, a victim or the survivors of a victim may also have the opportunity to address the court and recommend leniency or strictness for the sentence. Under the Violent Crime Control and Law Enforcement Act of 1994, the Three Strikes statute (18 U.S.C. 3559(c)) provides for mandatory life imprisonment if a convicted felon: has been convicted in federal court of a serious violent felony and has two or more previous convictions in federal or state courts, at least one of which is a serious violent felony. The other offense may be a serious drug offense. The statute goes on to define a serious violent felony as including murder, manslaughter, sex offenses, kidnapping, robbery, and any offense punishable by ten years or more which includes an element of the use of force or involves a significant risk of force (Schiraldi, Colburn, Lotke, 2004). The State of Washington was the first to enact a Three Strikes law in 1993. Since then, at least half of all states, in addition to the federal government, have enacted three strikes laws. The primary focus of these laws is the containment of recidivism (repeat offenses by a small number of criminals). Californias law is considered the most far-reaching and most often used among the states. In addition to three strikes laws, other state and all federal criminal statutes include mandatory sentences that require judges to impose identical sentences on all persons convicted of the same offense. Mandatory sentences are a direct result of state legislatures or Congress response to the public perception of judicial leniency or inconsistency in sentencing practices (Schiraldi, Colburn, Lotke, 2004). Most crimes do not carry mandatory sentences. When sentencing is not mandatory, the judge may fit the punishment to the offender instead of fitting the punishment to the crime. Current debates about criminal justice help to fuel the different approaches to sentencing and punishment. These approaches include the severity of punishment meted, and the specific objective sought by the punishment: retribution, some argue that the primary purpose of punishment should be to punish an offender for the wrong committed as opposed to societys vengeance against a criminal. The sentiment is to punish criminals and promote public safety by keeping them off the streets. Some believe that the primary purpose of punishment should be to rehabilitate criminals to change their criminal ways and to encourage the adoption of a more socially acceptable lifestyle. Most experts agree that this theory is commendable but not practical in prisons. Many criminals boast of coming out better criminals than they we re when they entered prison. Others argue that the perceived punishment for a crime should be so undesirable as to result in deterring someone from actually committing a crime for fear of the likely punishment. These theories are good, but many crimes are committed while the person is under the influence of alcohol and other drugs and the above mentioned approaches wouldnà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â‚¬Å¾Ã‚ ¢t help. Fear of punishment is usually not a deterrent under these circumstances (Hugo, 2010). Punishment is the imposition of something negative or unpleasant on a person in response to behavior deemed wrong by an individual or group. For a number of years, South Carolina operated under a fairly typical death penalty statute which provided for the ultimate penalty for a number of crimes including, but not limited to, murder, rape and kidnapping. The statute predicated the imposition of the death penalty in those situations where the jury made a finding of guilt without an affirmative recommendation of mercy (Hugo, 2010). Beginning in 1962, there was a moratorium on executions nationally even though the death penalty statutes remained in effect. In 1972, the U.S. Supreme Court in the case of Furman v. Georgia held that the imposition of the death penalty was unconstitutional in those situations where either the court or the jury had practically unfettered discretion to impose the ultimate penalty.  The Furman case, in effect, declared most death penalty statutes, including that of South Carolina, in effect to be unconstitutional (McAnany, August 2010). South Carolina joined thirty-four other states in changing their death penalty statutes to provide that under given circumstances the death penalty would be imposed mandatorily. Several people in South Carolina were sentenced under this statute, however, the judgment was not executed upon any prisoner and the U.S. Supreme Court ruled, in 1976, that while the death penalty was not per se unconstitutional, Greg v. Georgia, that each individual case should be considered upon its merit and that the imposition of the death penalty pursuant to a mandatory statutory scheme was unconstitutional and violate of the Eighth Amendment. The court went on to say that the trier of fact, whether it is the court or a jury, should be allowed to take into consideration conditions in mitigation and aggravation prior to the imposition of the ultimate penalty. This, the court reasoned, would require a two phase hearing in which the jury made an initial determination of guilt or innocence and then the same jury reconvened to take additional testimony as to those conditions in mitigation and aggravation and made a determination as to the punishment, Woodson v. North Carolina (1976) (Stuntz, 2004). Prior to June 1995, Section 24-3-530 of the South Carolina Code of Laws provided that all persons receiving the death penalty shall suffer such penalty by electrocution. Subsequently, the General Assembly amended Section 24-3-530. Effective June 8, 1995, persons sentenced to death may elect to suffer such penalty by lethal injection. However, the election must be made in writing fourteen days before the execution date or it is waived. If the person waives the right of election and the sentence was imposed prior to June 8, 1995, the penalty will be administered by electrocution. If the person waives the right of election and the penalty was imposed on or after June 8, 1995, the penalty will be administered by lethal injection (Stuntz, 2004). Mens rea and actus reus are legal terms used to define a crime. Both Mens rea and actus reus must be present for an accused to be found guilty of a crime (except for strict liability). Mens rea means that the person must have had a guilty mind at the time of committing the crime. That is they must have intended to commit the crime. Actus Reus means wrongful act meaning that the person must have committed an act that is defined as wrong by law. Several common law jurisdictions define act differently but generally, an act is a bodily movement whether voluntary or involuntary. In Robinson v. California, 370 U.S. 660 (1962), the U.S. Supreme Court ruled that a California law making it illegal to be a drug addict was unconstitutional because the mere status of being a drug addict was not an act and thus not criminal (Kendall, 2009). The sentence is the final act of a judge ruled process. A sentence usually involves imprisonment, a fine, or other punishments against a defendant convicted of a crime. Changes in sentencing law and policy, not increases in crime rates, explain most of the six-fold increase in the national prison population. These changes have significantly impacted racial disparities in sentencing, as well as increased use of one size fits all mandatory minimum sentences that allow little consideration for individual characteristics. The progress of civilization has resulted in a change in the theory and in the method of punishment. In the past punishment was left to the individuals wronged or their families, and was vindictive or retributive: in quantity and quality it would bear no special relation to the character or gravity of the offense. This paper discussed sentencing, punishment as well as mens rea and actus reus.
Sunday, January 19, 2020
Toni Morrisons Sula - The Fire Within Sula Essay -- Sula Essays
The Fire Within Sula  Sula by Toni Morrison is a compelling novel about a unique, self-confident woman. As in many other books, each secondary character in the story serves as a vehicle to explain the main character. Hannah, Sula's mother, is dominated by the element of air; she is free spirited, frivolous and child-like. On the other hand, the element of fire is prevalent in Sula, who is impulsive, hot-tempered and passionate. Despite the differences between the two, Hannah's lifestyle intrigues and influences her daughter. The effect Hannah has on Sula is reflected in many of her daughter's perspectives and actions. As a result of the ubiquitous presence of fire within her, in contrast to her mother's blithe spirit, Sula carries all of Hannah's immorality and actions to a more extreme level. Both women have promiscuous tendencies, do not have close friendships with women, and become easily irritated by Eva. The difference is that Sula's fiery character leads her to act mo re cruelly than her mother.            Hannah's attitude towards men is peculiar, for she feels no possessiveness towards them, and enjoys having multiple lovers. The presence of air in Hannah is evident from her relations with the opposite sex. "Her flirting was, low and guileless...the smile-eyes, the turn of the head-all so welcoming, light and playful." (42). Hannah's sweet, guileless flirting presents her as an innocent woman, and her playful manner demonstrates her child-like ways. Her amiability and charisma are evident because "...Hannah rubbed no edges, made no demands, made the man feel as though he were complete and wonderful just as he was...he (the man) swooned in the Hannah-light simply because he was." (43). Hannah is len... ...feeling no obligation to please anybody unless their pleasure pleased her." (118). Sula is stronger than Hannah, and makes no attempts to conciliate the society's opinions towards herself. She follows her animal instincts, and lacks the sense of responsibility. Although Sula and Hannah are both shunned by society, Sula is even more of a pariah than her mother.  While the people of the Bottom consider Hannah to be "sooty," (29), they decide that Sula is the devil. The intense hostility people feel about Sula directly relates to her impulsive, vengeful and hot-tempered character.   Sula's life is a fun house mirror image of Hannah's-quite similar, but bent into a slightly different shape and tainted with malice.                                                                                    Works Cited: Morrison, Toni. Sula. New York: Knopf, 1974. Toni Morrison's Sula - The Fire Within Sula Essay -- Sula Essays The Fire Within Sula  Sula by Toni Morrison is a compelling novel about a unique, self-confident woman. As in many other books, each secondary character in the story serves as a vehicle to explain the main character. Hannah, Sula's mother, is dominated by the element of air; she is free spirited, frivolous and child-like. On the other hand, the element of fire is prevalent in Sula, who is impulsive, hot-tempered and passionate. Despite the differences between the two, Hannah's lifestyle intrigues and influences her daughter. The effect Hannah has on Sula is reflected in many of her daughter's perspectives and actions. As a result of the ubiquitous presence of fire within her, in contrast to her mother's blithe spirit, Sula carries all of Hannah's immorality and actions to a more extreme level. Both women have promiscuous tendencies, do not have close friendships with women, and become easily irritated by Eva. The difference is that Sula's fiery character leads her to act mo re cruelly than her mother.            Hannah's attitude towards men is peculiar, for she feels no possessiveness towards them, and enjoys having multiple lovers. The presence of air in Hannah is evident from her relations with the opposite sex. "Her flirting was, low and guileless...the smile-eyes, the turn of the head-all so welcoming, light and playful." (42). Hannah's sweet, guileless flirting presents her as an innocent woman, and her playful manner demonstrates her child-like ways. Her amiability and charisma are evident because "...Hannah rubbed no edges, made no demands, made the man feel as though he were complete and wonderful just as he was...he (the man) swooned in the Hannah-light simply because he was." (43). Hannah is len... ...feeling no obligation to please anybody unless their pleasure pleased her." (118). Sula is stronger than Hannah, and makes no attempts to conciliate the society's opinions towards herself. She follows her animal instincts, and lacks the sense of responsibility. Although Sula and Hannah are both shunned by society, Sula is even more of a pariah than her mother.  While the people of the Bottom consider Hannah to be "sooty," (29), they decide that Sula is the devil. The intense hostility people feel about Sula directly relates to her impulsive, vengeful and hot-tempered character.   Sula's life is a fun house mirror image of Hannah's-quite similar, but bent into a slightly different shape and tainted with malice.                                                                                    Works Cited: Morrison, Toni. Sula. New York: Knopf, 1974.
Saturday, January 11, 2020
Death of a family member Essay
In this chapter on Crisis in Family, the death of one’s child, parent, or suicide of a close family member can cause a devastating crisis within a marriage. Mothers and fathers relate to death in different ways, which causes conflict within the marriage. Depending on the circumstances of the death, one spouse may accuse the other of not sharing in the grief, or blaming the other for the death of the child. In dealing with your partner patience should be implemented, thus allowing the other person to grieve in their own way. Most people expect that they will eventually lose a parent, however the death of a child is not foreseen. Death of a parent can cause crisis before the parent passes if they have been terminally ill. By the time the parent dies the emotional strain, and stress from the illness may have been so draining that the crisis has already occurred. The loss of a parent can cause one to feel anger, depression, and lack of concentration. A study done on college students found that their constant reminiscing about the death of a parent or close loved one caused them to have a lower sense of psychological well-being. Whether it is the death of a parent or child, grief is not a one-time experience that people go through and move on. For some it is a chronic sorrow where grief related feelings occur periodically throughout the rest of their lives. When you think of the way things may have been if a loved one was still here, along with on the anniversary of their passing feelings of grief become more severe. A study done by Burke in 1999 showed that after 2 to 20 years 97 percent of people who lost a loved one still showed signs of chronic sorrow. In dealing with suicide of a family member, annually there are 31,000 suicides and (75,000) attempts. Each suicide is said to immediately affect 6 other people in the person’s life. These affects range from physical disorders like shingles (due to stress), depression (grief), and social stigma (the person is viewed as weak and the family as a failure in not being able to help the prior emotions and feelings of the family member). It has further been stated that family members that witnessed the suicide of a family member described this as the worst day of their lives. The people who are most vulnerable to suicide are: 15 to 19 years old, homosexual, or male, family history of suicide or mood disorder, substance abuse or past history of child abuse and parental sex abuse. Therapist view suicide as a permanent solution to a temporary problem. Family members often think they could have done something to prevent the suicide. However Therapist have stated that if a person wants to end their life they will and you can’t control it. Support groups can be an effective coping mechanisms, realizing that you can’t stop a person who is adamant about taking his or her own life. This section of the chapter dealing with death of a family member holds near and dear to my heart. Due to the recent passing of my dad, I was able to relate to so many of the emotions expressed in this chapter. After being diagnosed with Chronic Heart disease and extensive open heart surgery, I watched my dad’s downward spiral for 7 months. I witnessed the hope that my mom had even when the doctors displayed hopelessness. It was difficult for me witnessing my dad’s decline on a daily bases, however for my siblings it was equally as difficult, because they wanted to be here but were not able to due to their own family and job obligations in other states. In addition to the experiences that have been recorded in this chapter, I would like to add a few personal experiences that we endured. My dad was the eldest of 12, and we were a close knit family. However during my dad’s illness, his desire to see his siblings and other members of the family decreased. This brought about feelings of anger for them, and much of it directed against our immediate family. I noticed that sometimes family are more concerned about their feelings than those that are suffering from the illness. Even though my dad has been gone for nearly a year it still seems very current. There is not a day that passes that I don’t think of him in some capacity. I have moments of sorrow, I have also felt moments of despair when someone else talks about their dad. There were time in church where I would just begin to cry because the song reminded me of him. I also am reminded every Sunday of the chair that he occupied when he was there. My mom and I have struggled with parting with my dad’s belongings. She has several vehicles, and does not need them all, however we want to keep them, because they belonged to my dad even though it is not the practical thing to do. We have done quite a few things to help cope with the loss of my dad. We have had a memorial service on father’s day where we had a butterfly release ceremony. Now every time we see a butterfly it reminds us that he is not far. I also have a picture of him by my bed, on my dresser and on the refrigerator. Just these small reminders help us to cope with my dad no longer being with us on this time side of life. My mom stays really busy, with bowling, working, and church activities. She said that staying busy keeps her mind off of my dad not being with her. It has been a great adjustment, because after 52 years of marriage and sharing everything that you do, the single life, not by choice is a stressor all by itself. Whenever I feel weary about my dad’s passing, I think of those last days and how his body had suffered so much from his illness. I would never want to be so selfish as to want him to stay here and not have the quality of life that he deserved to have. I believe that our greatest coping mechanism is the assurance that we will meet my dad in another place, not on this time side of life.
Friday, January 3, 2020
Por vs. Para in Spanish
Two Spanish prepositions, por and para, are usually used for the English word for. The differences between them sometimes are subtle, and thus por and para are a constant source of confusion for Spanish students. Key Takeaways: Por and Para Although both Spanish prepositions por and para can often be translated as for, they have separate meanings and can seldom be used as synonyms.Por is often used to indicate who performs an action or the reason for it being performed.Para is often used to indicate the result of an action being performed. Think of Meaning Rather than Translation If its any consolation, prepositions can be as difficult for people learning English. Why do we sometimes say something is under control, and sometimes say something is in control? Why are we in the house but at home? The rules sometimes escape logic. The key to understanding which preposition to use is to think of the meaning you want to convey. If I use a phrase such as three for a dollar in English, the for has a different meaning than it does in this book is for you. In the first case, for indicates an exchange or a rate, while in the second case it indicates an intention or direction. Thus the Spanish translation of the two phrases are different, tres por un dà ³lar and este libro es para ti. The following chart shows some of the major uses of these two prepositions, including ones not translated by for. Uses for Por Por is often used to indicate how something is done or ihe cause of an action. Although the distinction between cause and outcome isnt always clear, por generally isnt used to indicate the result of an action. Expressing movement along, through, around, by, or about: Anduve por las calles de Gijà ³n. (I walked through the streets of Gijà ³n.) Viajamos por Australia con un Land Rover. (We traveled around Australia with a Land Rover.)Denoting a time or duration when something occurs. Viajamos por tres semanas. (Were traveling for three weeks.) Debes pensar en otras personas por sà ³lo un momento. (You ought to think about other people for just a moment.)Expressing the cause (not the purpose) of an action: Me caà por la nieve. (I fell down because of the snow.) Los conflictos originaron por las diferencias culturales e ideolà ³gicas. (The conflicts began because of the cultural and ideological differences.) Hay diferencia entre comer por hambre y comer por placer. (There is a difference between eating out of hunger and eating for pleasure.)Meaning per: Dos por ciento. (Two percent.) Prefiero comer cuatro comidas por dà a. (I prefer eating four meals per day.) Por can also be trans lated as a when a is a preposition: Leo un libro por semana. (I read one book a week.)Meaning supporting or in favor of: Trabajamos por derechos humanos. (We work for human rights.) No puedo votar por el presidente. (I cant vote for the president.)Introducing the agent of an action after a passive verb:. For this reason, por is often used in stating the author of a book or other composition: Fue escrito por Bob Woodward. (It was written by Bob Woodward.) Serà ¡ comido por las aves. (It will be eaten by the birds.)Indicating means of transportation: Viajarà © por avià ³n. (I will travel by plane.) Quiero llegar a Venezuela por barco. (I want to arrive at Venezuela by ship.)Used in numerous expressions: Por ejemplo. (For example.) Por favor. (Please, literally as a favor.) Uses for Para Para is often used to indicate the outcome of an action or to indicate who or what is affected by an action. Meaning for the purpose of or in order to: Para bailar la bamba, necesita una poca de gracia. (In order to dance the bamba you need a little grace.) Los buses se usan para ir a la frontera. (The buses are used for going to the border.)With a noun or pronoun as object, meaning for the benefit of or directed to: Es para usted. Its for you. Necesitamos mucho dinero para el desarrollo del paà s. (We need a lot of money for the countrys development.)Meaning to or in the direction of when referring to a place: Voy para Europa. (Im heading to Europe.) Salimos para el almuerzo. (We are leaving for lunch.)Meaning by or for when referring to a specific time: Necesito el regalo para maà ±ana. (I need the gift for tomorrow.) Vamos a la casa de mi madre para el fin de semana. (Were going to my mothers for the weekend.)
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