Hi, I need help with essay on 1.Should the sentencing process in the U. S. be changed Why or why not 2. Discuss the key relationships of the prosecutor with others in the criminal just. Paper must be at least 1000 words. Please, no plagiarized work!
They are supposed to deter individuals from committing crimes, they are supposed to incapacitate those who are likely to commit crimes, bring about the process of rehabilitation and finally, to punish those who do not follow the laws of society. However, as discussed by Bellisle (2007), the sentencing system in America seems to focus more on the idea of incarceration and putting people in prisons rather than on rehabilitation and allowing them to become productive members of society.
The courts hand out sentences to eighty thousand criminal defendants every year and the number of those who go into prison are far more than those who are released (Richey, 2005).
Sentences handed out by courts simply put people away for long periods of time while not looking at the impact it would have on the prison system or even the nature of their crime. Many violations of the law come with mandatory minimum sentences and these sentences can be as long as 10 years for some drug offenses. Instead of allowing a judge to come up with a reasonable idea for how long a person should be put away for smoking marijuana illegally, the laws give mandatory minimum sentences which have to be followed (Bellisle, 2007).
The sentencing process could be improved drastically if the judges are trusted to establish their own criteria for punishments equivalent to the crime. Of course, it can be argued that race and ethnicity can creep into the issue when judges are allowed to have a lot of discretion with regard to sentencing but that issue can also be monitored by the higher courts to ensure that the sentencing remains fair and transparent. Undoubtedly, the transparency of the justice system is also hurt by the idea that prosecutors may manipulate the accused to get plea bargains and thus avoid trials in the first place (Murphy, 2004).
In certain situations, the laws not only cause the crime to be enhanced in a crime, they may even double the minimum time which is mandated by the law. For