Criminal Justice Outline

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Dawn Drinovsky

Capstone Project One

Nov. 22, 2011

a. Interrogation and Arraignment- Guidelines and Process of Law b. Trial- Judge and Supreme court roles
c. Sentencing – 3 types
a. Determinate- pros and cons
b. Indeterminate- pros and cons
c. Mandatory- pros and cons
d. Specific or general deterrence
Determinate sentencing
a. Time- Each punishment is set person to person regardless b. Punishment- does not discriminate
c. Community- deter people from committing it again
Indeterminate Sentencing
a. Courts and judges role in helping the offender
b. Community outlooks
c. Fines and minimums
Mandatory sentencing
a. Maximum fines and set prison sentences
b. No judge discretion, follows the constitution
When a person is interrogated it means they are taken into custody and await trial, arraignment, and facing a judge to determine their punishment and enter their plea. In the future of most criminals they are looking at a sentence to serve for the punishment of the law they broke, or crime they committed. These sentences have specific and general deterrence as well as guidelines that the constitution says we must follow. The federal sentencing guidelines are the most controversial and most complex of all the sentencing reform efforts. (Rubuck, 2001). There are three types of sentencing that a criminal will more than likely be facing from a reoffender of misdemeanors to felony charges. Mandatory sentencing is one of them in which leaves little or no discretion to judges in setting the terms of a sentence or length. In states where a prisoner is presumptively entitled to parole release, the denial of parole increases the maximum punishment without a jury finding the relevant facts beyond a reasonable doubt. (Ball, 2009) It is based on the crime committed. Indeterminate sentencing is after conviction for a crime which does not state a specific period of time or release date. It is also stating that based on general deterrence of a good life, and your likely hood to reoffend and your job, etc., you have a chance a chance of being released in 5 years, instead of 10. Determinate sentencing is the opposite of indeterminate, it states that everyone has to serve a certain amount of time and the more you offend the worse your punishment, sentencing. It means that a person who has two felonies and commits another one will serve more time in prison verses someone who had no felonies and committed the same crime. As California says “three strikes and you are out.” Determinate sentencing is also known as "fixed sentencing.” It is when a criminal gets a definite prison term. Inmates are told their earliest release dates upon entry into the prison. More inmates were found to be either opposed to or undecided about than in favor of determinate sentencing.( Ball 2009) Even in determinate sentencing good time and credit still apply to those who push themselves in a positive way. This sentencing would benefit a person aiming at general deterrence because it increases public awareness about what the punishment will be for a given crime, lets people see what the affect is. Some people think that determinative sentencing will increase "fairness" or "justice" in sentencing by reducing the discretion and bias of individual judges and juries. After the booking process he will be held for an arraignment where he will be put in front of a judge that then decides if he will be able to post bail or not, and set the amount which is looked upon on the dependency of bail, are they likely to return? (Roberson and Stucky 2007) This makes a positive outlook for those who seek consistency and want to be fair. Non-determinate sentencing, therefore, is better from certain standpoints: the judge can consider the defendant's mental state, testimony, background, job, history, and likeliness to offend again, things that determinate sentences don’t allow into the equation....
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