Preview

Double Jeopardy Case Scenarios

Powerful Essays
Open Document
Open Document
3172 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Double Jeopardy Case Scenarios
Phase 4 Case Scenario

Contents

Abstract................................................................................................................. 2
Double Jeopardy....................................................................................................3
Case Scenario-Robbery and Assault…………………………………………….3
Theory of Punishment……………………………………………………………6
Conclusion………………………………………………………………………..7
References..............................................................................................................8
Addendum……………………………………………………………………..…9

Abstract
In this Phase 4 research paper we are asked to read a case scenario about a prominent member of the community being robbed and assaulted with a deadly weapon, and form an opinion, setting up an outline for further in depth study. The case scenario we were given is this: Around 2:30 p.m. on the afternoon of September 18, the victim, a prominent citizen in the
…show more content…
Focus on theories of punishment for the defendant rather than the exact number of years to be sentenced. If there were no consequences to our actions, we would live in a total chaotic society. We would still be in a state of mind like: winner takes it all or whoever has the most toys wins. Punishment is a very familiar aspect of life. We are familiarized with its use in the family and in school; we use punishments of various types, with our kids, pets and each other. Believing that we understand the operation of punishment and we usually know what the outcome will be. With the use of positive confirmations such as rewards or reinforcements, we seek to encourage willingness to conform to various norms; by using negative punishments, endeavors are made to dishearten deviant behavior. Reward and punishment, the notion that people seek to maximize pleasure and avoid pain or discomfort has been a long as time immemorial. There are five theories of

You May Also Find These Documents Helpful

  • Satisfactory Essays

    The fifth amendment prohibits double jeopardy (del Carmen, 2014). The concept behind prohibiting double jeopardy is to protect the defendant from being tried and punished twice for a single crime, but this doesn’t mean that after a verdict is handed down the process ends (del Carmen, 2014). They can try and get an appeal so that their case and verdict will be reviewed (del Carmen, 2014).…

    • 335 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    “The 5th Amendment is an old friend and a good friend, one of the great landmarks in men's struggle to be free of tyranny, to be decent and civilized.”…

    • 1191 Words
    • 5 Pages
    Better Essays
  • Better Essays

    Punishment is described by the Webster Dictionary as ‘the infliction or imposition of a penalty as retribution to an offense’. Today, this definition may pass as true for many governments, but years ago when philosophers were discussing ideas about government and laws, one idea that stuck out was that of punishment. Different theories rose regarding justifying punishment, and deciding the purpose behind punishing people. Joel Feinberg, Jules Coleman, and Christopher Kutz are three philosophers that spent a lot of time discussing their beliefs and ideas about punishment.…

    • 859 Words
    • 3 Pages
    Better Essays
  • Good Essays

    William O. Douglas once said, “The 5th Amendment is an old friend and a good friend. One of the great landmarks in men 's struggle to be free of tyranny, to be decent and civilized.”…

    • 721 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Wk 8 Ccj220 Essay Example

    • 439 Words
    • 2 Pages

    talk about punishment philosophy in how this theory is a study of concept punishment in how it…

    • 439 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Double Jeopardy Claims

    • 434 Words
    • 2 Pages

    Native Americans have always had problems in the United States. Over recent years it has gotten better. Problems include: poverty, unemployment, murder, suicide and deportation.…

    • 434 Words
    • 2 Pages
    Good Essays
  • Good Essays

    This year in the Unites States, countless murderers, rapists, thieves, and other criminals will walk free among you and your loved ones due to the existence of a law which protects them from their arrest. It doesn't matter whether these acquitted convicts have confessed, or new evidence surfaces, they will not be sentenced. This bill, which has the ability to create corruption in the ordinance process and keep a killer from being locked up, is known as the double jeopardy law.…

    • 666 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Cjs 230

    • 260 Words
    • 2 Pages

    Punishment is the infliction of an unpleasant or negative experience on an offender in response to an offense. Today, punishment includes rehabilitation, deterrence, retribution, incapacitation, and reparation. Punishment is a penalty that results as a rule or law violation. Once a criminal has been punished through physical or economic sanctions then the criminal is considered square with his victim along with society.…

    • 260 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Cja/234 Sentencing Paper

    • 1495 Words
    • 6 Pages

    Earlier responses to crime were to be brutal, which included torture, humiliation, mutilation, and branding. These kinds of punishments often attempted to relate the punishment to the crime, as close as possible. The first response to crime incorporated linking criminal acts to sin and developing strict punishments. Throughout the years, this thought process has changed into a more humane system. The reason for corrections to is to protect the society but also to provide rehabilitation to these individuals. Punishments for criminals now include main objectives that widely differ from the first believed aspects of punishments. Punishments now embrace objectives pertaining to deterrence, incarceration, rehabilitation, retribution and restitution.…

    • 1495 Words
    • 6 Pages
    Good Essays
  • Better Essays

    Purpose and History

    • 1359 Words
    • 6 Pages

    Let’s first begin with what punishment means. Punishment is the infliction or imposition of a penalty as retribution for an offense. While completing my research I was able to stumble across two definitions that caught my attention. The general definition for punishment is “aversive stimulus that follows an undesirable behavior, and is intended to decrease or eliminate the occurrence of that behavior. It may be triggered either due to the performance of an undesirable act (negligence) or the non-performance of a desirable act (disobedience). Punishments take the form of presentation of an unpleasant stimulus (criticism or warning) or withdrawal of a pleasant one (employment or promotion). Threat of punishment usually also constitutes a punishment”. The definition of punishment pertaining to the law is “Confinement, fine, penalty, sanction, or loss of a privilege, property, or right, assessed and administered as deterrence or retribution by an authorized court to an entity duly convicted of violating the law of the land”. [ (Buisness Dictionary, 2013) ] Punishments must be adequate match the reasons why the crimes were committed. History shows that Cesare Beccarua who was an Italian theorist, first suggested linking crime causation to punishments in the eighteenth century. He is known as the founder of the Classical School of criminology. The classical School is the theory linking crime causation to punishment, based on offenders’ free will and…

    • 1359 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Philosophy Of Sentencing

    • 851 Words
    • 4 Pages

    The complexities of human nature, emotions, thought, morals and ethics have been debated for centuries, and the dilemma of sentencing another human to a form of corporal punishment, incarceration or death, requires a firm foundation in the laws of the land, tempered by years of study and dedication to the law one has sworn to uphold. The several reasons for sentencing of a crime is: Revenge, for an actual or perceived need for vengeance on a violation, usually one that is very personal and emotional in nature. Incapacitation, which is to prevent the criminal from repeating crimes against society by placing them into a correctional facility on a long term or permanent basis. Restoration, is a form of sentencing when the convening authority is attempting to protect the victims by helping them to feel safe and secure. Deterrence is a sentence where the courts attempt to prevent the subject of a crime from offending again. Retribution, which is probably the oldest reason for sentencing was utilized for equal punishment to the crime, drawing from the old adage “eye for an eye”. Lastly is the sentence of rehabilitation, which in societies modern view, the ideal and preferred sentence,…

    • 851 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Sentencing Paper

    • 1042 Words
    • 5 Pages

    My theory for the reasoning of punishment has two main goals which are to provide justice for the victims and a lesson to the convicted. When a judge sits in preparation to initiate sentencing they have to go through numerous thought processes because of the uniqueness of every case. Considerations such as what are they trying to accomplish with the punishment and who would benefit from such a sentence. General factors like the age of the convicted and the heinousness of the crime committed matters as well. When a criminal is sentence it is reasoned by retribution, deterrence, incapacitation, or rehabilitation.…

    • 1042 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Determinate Sentencing

    • 1004 Words
    • 5 Pages

    The purpose of sentencing: the “deserved infliction of suffering on evildoers and “the prevention of crime.” There four fundamental philosophies surrounding the purpose of sentencing. First, the oldest and most common is retribution. Retribution is the philosophy that those who commit criminal acts should be punished based on the severity of the crime and that no other factors need be considered. The second philosophy is deterrence. In deterrence, the goal of sentencing is to prevent future crimes. Deterrence takes a general and specific form. General deterrence is that by punishing one person, others will be dissuaded from committing a similar crime. Specific deterrence assumes thart an individual, after being punished once for a certain act,…

    • 1004 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Goals Of Sentencing

    • 626 Words
    • 3 Pages

    The sentencing phase of the criminal justice process is where a guilty offender is sanctioned for his conduct. The goals of sentencing include retribution, rehabilitation, deterrence, and incapacitation. Historically the primary goal has varied by criminal justice era and the crime committed. However, each sentencing goal has a specific purpose (Masters, et al., 2017). The sentencing goal of retribution is normally pursued in heinous crime cases. Its aim is to castigate the offender. In contrast, rehabilitation is a sentencing goal that seeks to correct offender conduct, by teaching offenders, skills that aid in the prevention of recidivism. On the other hand, the sentencing goal of deterrence seeks to discourage future criminality by way of…

    • 626 Words
    • 3 Pages
    Good Essays
  • Good Essays

    How many times have we watched the news and the headline story involves a man being arrested for a violent crime? And let’s say that the crime is forcible rape. Our first thoughts are, “Oh man, they need to castrate that joker!” or “They need to put that guy in the same cell with Big Bubba!” Don’t lie! We have all had those thoughts. We especially take offense if the crime involves a child, an elderly person, or a disabled person.…

    • 1575 Words
    • 7 Pages
    Good Essays