Truth In Sentencing Policies and the Effects on Courts and...

Society has high expectations for criminal justice. Controlling the behavior of people is a difficult task, and there are several differing opinions on how this should happen. Many believe this can best accomplished by prevention through deterrence. Deterrence can be achieved from increased police patrols, good relationships with the community, and through tough penalties for convicted criminals. When deterrence fails, criminals need to be identified and held accountable for their actions. Law enforcement enforces many different crimes; some of the most serious crimes are violent crimes. According to the FBI’s Uniform Crime Reporting Program, violent crime is defined by four offenses: murder and non-negligent manslaughter,†¦show more content†¦According to Brian J. Ostrom, Truth in sentencing is the most prominent sentencing reform movement of the 1990s (2001). Truth in sentencing was designed to closely align the sentence imposed by the judge with the actual a mount of time served in prison by restricting or eliminating parole eligibility and good time. This violent offender incarceration and truth in sentencing initiative was amended in 1996 to promote reform by providing States grants to expand their prison capacity if they included truth in sentencing requirements to violent offenders (Rosich, 2005). This grant program was instrumental in many states adopting the truth in sentencing guidelines into their policies. To be eligible for grants, each state had to demonstrate they applied truth in sentencing laws, within three years truth in sentencing laws would be implemented. By 1999, 41 states and the District of Columbia passed laws or implemented some form of truth in sentencing; however each state varied in their applications. TRUTH IN SENTENCING EFFECT IN COURT Each states truth in sentencing policies regulated offender’s time in prison, each state chose different ways to do so. The basic sentence of time served may be determinate or indeterminate, for the states using indeterminate sentences this percentage can apply to the minimum or maximum sentence. Most states that used truth in sentencing reformShow MoreRelatedThe Sentencing Phase Of A Criminal Case902 Words   |  4 PagesSentencing After a defendant is convicted or pleads guilty, a judge will then decide a suitable punishment (or sentence) during the sentencing phase of a criminal case. There are varying outcomes that can influence sentencing offenders, they can range from probation and community service to prison and even the death penalty. Minor infractions, misdemeanors, or offenders who plead guilty usually get sentenced almost immediately after ones convictions. In complex criminal cases such as serious feloniesRead MoreThe Incarceration Rate Of State And Federal Prisons2418 Words   |  10 Pagesstate and federal prisons. This is due to the public demanding more castigatory laws along with harsher sentencing policies. In the United State there 2.3 million people are incarcerated in prisons and jails which make the United States the lead in the incarceration rate (Wright, 2010). Truth in sentencing law made it essential that offenders serve a significant portion of the prison sentenced handed down by the court before he or she can be considered or eligible for release. Policies implemented beforeRead MorePrison Blues : How America s Foolish Sentencing Policies Endanger Public Safety1033 Words   |  5 PagesPOLICY RECOMMENDATIONS It has been established that the current policy does not work as it was intended to, so thus it must be changed. William Rehnquist, a former Supreme Court Justice, stated his opinion of minimum sentencing during an often cited speech. As stated in his book Prison blues: How America s Foolish Sentencing Policies Endanger Public Safety, David Kopek credits Rehnquist with stating: These mandatory minimum sentences are perhaps a good example of the law of unintended consequencesRead MoreEffect of the Police on the Prison Population Essays1357 Words   |  6 PagesEffect of the Police on the Prison Population Because of the increase in crime in America, the public has demanded an increase in the amount of protection received from police. This increase in police protection has increased the incarceration level by numerous amounts within the last ten years. The number of inmates incarcerated in America is a direct cause of the policing that is going on in the streets of American cities. The method of policing has a tremendous impact on the outcome of theRead MoreMass Incarceration During The United States1322 Words   |  6 PagesIncarceration in the United States There are too many people in prison in our country and any people in prison today are non-violent drug offenders. The American war on drugs has targeted people in poverty and minorities, who are more likely to be involved in drug use. This has created a pattern of crime and incarceration and â€Å"...[a] connection between increased prison rates and lower crime is tenuous and small.† (Wyler). The prison system in our country today focuses on punishment for the inmatesRead MoreMandatory Minimum Sentences For Violent Offenders1728 Words   |  7 Pagesincrease the level of risk in society if let free. 6. The sentencing policy should follow due process considerations, such as ensuring that offenders with similar situations are sentenced similarly, that reasonable notice is provided to the accused with reference to the crimes with which they have been charged, and that the decision implicating an accused in a lower court is subject to appeal before a higher court for review. 7. The sentencing policy must also be victim-oriented. Victims have largely beenRead MoreIncarceration Of The United States Prisons3165 Words   |  13 PagesStates prison population has expanded at an increasingly rapid rate over that past several decades. Each day, more and more criminal offenders are sent to prisons; most of which were designed to house fewer inmates but are now packed to their limits. This â€Å"mass- incarceration era† as many scholars and commentators of the Criminal Justice System call it, is a result of several key issues that have created an environment within the correctional system that forces many inmates to serve longer prison sentencesRead MoreLegislation and Incarceration in United States956 Words   |  4 PagesUnited States has steadily risen since 1973, and Franklin Zimring has examined the relationship between penal legislation and the incarceration rate. He has discovered three distinct periods which demonstrate three differences in the w ay legislation effects penal practices. During the first period in which there was a major rise in incarceration rates, 1973-1985, Zimring asserted that there was no relationship between penal legislation and the increase in incarceration rates. However, in the second periodRead MoreDrug Addiction Treatment Vs. Incarceration966 Words   |  4 Pagescompulsions in using a mood altering substance despite the consequences associated with the drug. Drug addiction is also considered a disease that affects the brain; which results in a chemical imbalance caused by the abuse of illegal substances. The effects of drug usage can cause long term brain damage and can lead to many other self destructive behaviors such as violence and drug arrest. Many offenses are committed under the influence of an illegal substance such as DWI’s, fatalities, theft, domesticRead MoreCriminal Sentencing3718 Words   |  15 PagesCriminal Sentencing Decisions within the American Judicial System Abstract A major issue in criminal justice is sentencing. America’s court system has struggled to balance competing goals and policies in regards to criminal sentencing. This paper explores the ideas behind changes made to the sentencing policies with the United States judicial system. It begins with an overview of the goals behind criminal sentencing. This paper concludes with a discussion on the current status and disparities