"What are the legal aspects of sentencing how do these legal factors affect the sentencing of criminals what would happen if these legal factors in sentencing were changed or even eliminated" Essays and Research Papers

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    FREE LEGAL AID INTRODUCTION India is a modern state that has accepted the concept of ’welfare state ’. Hence it has to work for the welfare of the general public. It is the function of the State to establish a just social order by enacting just laws and by providing equal opportunity to all to grow. Every Government is constituted to respond to the needs and aspirations of the people and to remove social inequalities among its citizens. This promotes social justice among poor and the downtrodden

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    and cant’ be changed by a parole board or any other agency but may reduced by factors such as “good time”. While with an indeterminate sentence it consists of a range of the years that will be served. There is always a minimum sentence but the release date if any is uncertain. It is determined by a parole board when it periodically reviews the case‚ and could be given the possibility for parole. The problems that criminals with mental health problems face with determinate sentencing are the parole

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    Institutions Constitutional and Legal Framework Article 47 of the Constitution of India directs the State to regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties‚ and‚ in particular‚ to endeavour to bring about prohibition of consumption‚ except for medicinal purposes‚ of intoxicating drinks and drugs which are injurious to health. Section 71 of the Narcotic Drugs and Psychotropic Substances Act‚

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    Plea Bargains and Mandatory Sentencing I would like to take this time to explain my position on Plea Bargains and Mandatory Sentencing. I will show both pros and cons for each topic‚ as well as give you my personal brief on which one I support. There are two types of plea bargains : The first one is a charge bargain. When the prosecutor allows a defendant to "plead guilty to a lesser charge"‚ or to only some of the charges that have been filed against him. For example‚ a defendant charged

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    Argument against mandatory minimum drug sentencing There are many different argument both for and against mandatory minimum drug sentencing. However there are more arguments against mandatory minimum drug sentencing then there are for the support of the mandatory sentencing. One of the biggest arguments against mandatory minimum drug sentencing is that it was originally intended to target the higher level drug dealers but the majority of the cases have only been low level drug dealers. One

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    parole and indeterminate sentencing History of parole and indeterminate sentencing This paper discusses the history of parole and indeterminate sentencinghow do either have a place in the current correctional system? In addition‚ would we be better off to abolish them for good? Parole began with the passing of the legislation on June 25‚ 1910. In this time‚ there were only three prisons and there were a parole board at each of the three prisons that would grant parole. The members

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    Reforming California’s Sentencing Law Hearing the words “three strikes‚ you’re out” probably invoke thoughts of umpires‚ baseballs‚ and pitchers in the minds of most. In California‚ if you are familiar with the legal system‚ “three strikes‚ you’re out” will likely give you a vision of thousands of inmates dressed in orange‚ sleeping on bunk beds inside overcrowded gyms. In November 1994‚ California legislators and voters made a major change to the California sentencing laws with Proposition

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    Sentencing Paper Rochelle Gordon CJS/200 November 12‚ 2012 Dave Ross Sentencing Paper Americans are so use to the traditional sentencing and the options that have been probation‚ fines‚ and going to prison. Concerning the way things were done in the past to now it has changed drastically. Sentencing philosophies‚ or the justifications on which various sentencing strategies are based‚ are manifestly intertwined with issues of religion‚ morals‚ values‚ and emotions. Talking about philosophers in

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    handful of states that gives judges the final decision-making authority in capital trials” (). “The shift to judge sentencing significantly increased the number of death sentences” (). A variety of things such as‚ gender increased the likelihood of receiving the death penalty. Countless people disagree with the decision of judges having rule over jury. During the 20th century many efforts were made to eradicate capital punishment. In 1958 they succeeded in abolishing the death penalty. Delaware was the

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    proposed regulation explaining that the regulation would not fix the problem that OSHA was trying to remedy‚ that the regulation would cost more than the problem itself‚ and that the regulation was a tax‚ not a safety change. List two arguments available to your company that may succeed in overturning the regulation. Answer: The proposed regulation would not fix the problem it is intended to remedy and that it would cost more. Also there would be a tax not a safety change‚ in which OSHA deals with

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