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The Pros And Cons Of Misdemeanors
What Is A Misdemeanor?
A misdemeanor is a criminal offense that is far less serious than a felony. The majority of people
convicted of a misdemeanor see a judge and are generally punished with just a fine; even if
incarceration is recommended, the time is spent in a county jail. The time spent in jail is never more
than 12 months.
It is important to note that while misdemeanor is less serious than a felony, an infraction is an ever
lesser type of crime. An infraction occurs when one does something wrong such as jaywalking,
wrong parking etc., and is issued a ticket and that's that. In most cases, the offender will just pay a
fine. There is no need to appear in court or any chance of jail time. However, if the infraction
remains unpaid or unresolved, there may be a risk of greater penalties.
Most States classify misdemeanors into three categories: petty misdemeanors, ordinary
misdemeanors and gross misdemeanors. Petty misdemeanors are the least serious and often involve
no jail time or jail time of less than six months and a fine of usually less than $500. The punishment
for a gross misdemeanor is less than that prescribed for felonies. Sometimes the judge will look at
the past criminal history of the offender and for a first time crime may also recommend community
service, probation or restitution. This is almost never the case with a felony where a minimum jail
time of 12 months is mandatory.
Depending on your state and jurisdiction, typical examples of a misdemeanor
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Essay about Brief of Begay V. United States 553 U.S. 137,...
LEGAL THEORY Chapter 4 CASE BRIEF
Name: Professor:
553 U.S. 137, 128 S.Ct. 1581
Facts: In September 2004, New Mexico police officers received a report that Larry Begay, the
petitioner here, had threatened his sister and aunt with a rifle. The police arrested him. Begay
subsequently conceded he was a felon and pleaded guilty to a federal charge of unlawful possession
of a firearm in violation of § 922(g)(1). Begay's presentence report said that he had been convicted a
dozen times for DUI, which under New Mexico's law, becomes a felony (punishable by a prison
term of more than one year) the fourth (or subsequent) time an individual commits it. (Supp.2007).
The sentencing judge consequently found that Begay had at ... Show more content on
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Holding: No. reversed and remanded
Reasoning: In determining whether this crime is a violent felony, the Court considered the offense
generically. The Court examined it in terms of how the law defined the offense and not in terms of
how an individual offender might have committed it on a particular occasion. The Court said that
DUI does not fall within the scope of the Act's clause (i) "violent felony" definition. DUI, as New
Mexico defines it, nowhere "has as an element the use, attempted use, or threatened use of physical
force against the person of another." 18 U.S.C. § 924(e)(2)(B)(i). The Court also assumed that the
lower courts were correct in concluding that DUI involves conduct that "presents a serious potential
risk of physical injury to another." § 924(e)(2)(B)(ii). But even so, the Court found that DUI falls
outside the scope of clause (ii), and it is simply too unlike the provision's listed examples for the
Court to believe that Congress intended the provision to cover it. In the Courts opinion In our view,
the provision's listed examples– burglary, arson, extortion, or crimes involving the use of
explosives–illustrate the kinds of crimes that fall within the statute's scope. Their presence indicated
that the statute covers only similar crimes, rather than every crime that "presents a serious potential
risk of physical injury to another." § 924(e)(2)(B)(ii). If Congress meant the statute to be all
encompassing, it is
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The Pros And Cons Of The Juvenile Justice System
Blended sentencing laws–which give courts discretion in some cases to impose juvenile and/or adult
sentences on young offenders–became popular during the 1990s as a means of broadening the
spectrum of available sanctions. These laws variously allow courts to impose: 1. An adult or a
juvenile sentence; 2. Both a juvenile and an adult sentence; or 3. A sentence that exceeds the normal
limit of juvenile court jurisdiction. Since 2002, Ohio has provided a blended sentencing alternative
for designated serious youth offenders, who receive both a juvenile and an adult sentence. The Ohio
sentencing alternative was modeled on Minnesota's blended sentencing alternative, referred to as
Extended Juvenile Jurisdiction (EJJ). Under this system, the suspended adult–system sentence may
be imposed if the offender does not comply with the terms of the juvenile court sentence. The
Minnesota and Ohio alternatives are sometimes referred to as a "last chance" for young offenders to
remain in the juvenile justice system. Both states have retained the traditional option of transfer to
adult court for serious juvenile offenders. Researchers who have studied how prosecutorial decisions
are made under these systems generally assume that prosecutors use a two–step process whereby
they first decide whether a particular case involving a juvenile defendant will be prosecuted in
juvenile court or motioned for a specialized processing track. In the second stage, prosecutors decide
whether
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The Importance Of Animal Abuse
The reason why animal abuse still exists is because the word abuse can be interpreted many ways .
Animal abuse has been around since 1280 when animals were executed for their misdeeds and
wrongdoings towards humans . Animals still have not gotten the justice they deserve . There are
many different forms of abuse that animals go through that do not get addressed . Although , law
enforcements do something to help with animal abuse they do not do enough (Beirne 1 ) . The
government should enforce more harsher laws because animal cruelty is unethical , felonies against
animals should be taken more serious , and animals have moral rights . Society sees any kind of
abuse as morally wrong but animal abuse is particularly immoral because animals have no voice .
Animals are brought into people's home as workers , pets , and sometimes considered family .
Research has even found that cruelty to animals results / resulted in the hardening of people's heart
of fellow humans . Since pets are considered family it is hard for cruelty against them to be accepted
by society as right when they compare the abuse of a dog to a child . It is found through research
that 84% of responders to a survey think of themselves as the mother or father of their pets . Since
animals are the closest thing to humans they have a close association with the life of humans and aid
in regular life . (Ryan 1 . ) Since animals are so closely associated with humans some feel that
animal abuse should be a form of
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Should Not Be Convicted A Crime Or Felony?
"Felon" the title that brands a life time. Most shake in their shoes when they hear this word. It
describes those who are cruel and wicked that convicted a crime or felony. Here's a case scenario: At
the age of 18 you were persuaded to drive; following a group of friends to a local convenient store.
At the time, you had no idea they had intentions on robbing the store at gun point. Clearly, you were
at the wrong place wrong time. You 're now being forced to think about claiming in court: guilty by
association. Not only are you only eighteen years old but, it 's exactly four weeks until senior
graduation and two weeks before your schools' prom. Whose to say you 'd spend these precious
moments of your life behind bars in the lonely color orange. Week after week you'll be pleading
before the judge claiming that you done nothing at all wrong. After losing the case and spending 3
years in a prison you 're now labeled for a life time as a felon.
In every state, crimes are put into distinct categories. The categories are usually "felony,"
"misdemeanor," and "infraction." Decisions on crime classification are made by state legislators; the
determination focuses on the seriousness of the crime.
A felony can be defined as a crime, typically one involving violence, regarded as more serious than
a misdemeanor, and usually punishable by imprisonment for more than one year or by death. Types
of felonies include assaults that cause serious bodily injury; murder, rape, sexual abuse in the
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Example Of Felony Disenfranchisement
Felony Disenfranchisement
Felony disenfranchisement is a concept that has been sweeping the masses as of late parallel to the
high rates of imprisonment. Felony disenfranchisement is believed to have started in 1792 with
Kentucky as only free men of age 21 and older could vote and since then it has become a
phenomenon used by all states except Maine and Vermont. By definition, felony disenfranchisement
is when a person goes to prison for an offense and is simultaneously stripped of several civic duties.
These duties include having the right to vote, fair opportunity when applying to jobs, and not being
able to apply for student loans amongst many others. The problem is becoming even stronger as
time goes by as more and more of our citizens are placed in an imaginary threshold that is kept away
from our modern society. There are a multitude of crafted reasons for why felons are
disenfranchised, but none of them directly point to the reason. Many would say because they are
felons and they deserve it. Many would also say that it is because the time that taxpayers paid for
their facilities should be "split" in a sense with the convicts. The statistics would say that it is
because of race as the rates of disenfranchised felonies and black imprisonment are both soaring
parallel to each other. The point is that there is no exact definition of why felons are disenfranchised.
If it cannot be written into a constitutional law, then why is it an aspect of our society? That is more
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Analysis of Lopez vs. Gonzales Court Case Essay
Even before the Declaration of Independence was written, the United States was always a country
where people journey upon to seek a better life to the land of the free in order to find a life style on
the idea "life, liberty, and the pursuit of happiness." Since immigration is recognized as one of the
largest dilemmas of homeland security, people value their safety, disregarding the fact that the
United States was born from immigrants. However, this does not mean that immigrants do not have
to obey the law; it is an obligation or else consequences will arise. Because the United States is a
democratic nation, it trusts the people of the country to assist in the making and carrying out laws.
When people do commit a crime, in a particular ... Show more content on Helpwriting.net ...
The judge ordered Lopez removed "in light of 8 U. S. C. §1229b(a)(3), which provides that the
Attorney General's discretion to cancel the removal of a person otherwise deportable does not reach
a convict of an aggravated felony." (FindLaw) The Board of Immigration Appeals (BIA) confirmed
and the Eighth Circuit acknowledged the BIA. He was released for good conduct after 15 months'
imprisonment.
The United States Supreme Court constituted a "felony punishable under the CSA" only if it
proscribed conduct punishable as felony under the CSA, as quote by quote "ordinarily "trafficking
meant commercial dealing, reading would render the law of alien removal, and sentencing for illegal
entry into the country." (FindLaw)
The Immigration and Naturalization Services pursued to deport the individual on two grounds: first
being, his commission of the aggravated felony and the second, his conviction of the offense
involving a controlled substance. Because Lopez was a permanent resident of South Dakota, he was
qualified to apply to the Attorney General for his "cancellation" of the deportation. The court denied
his application for cancellation of his deportation order, since the Immigration and Naturalization
center forbids the Attorney General from cancelling
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Convicted Felons Should Retain The Right to Vote Essay
Individuals convicted of a felony should not lose their right to vote. The right to vote is a birth right
for citizens born in this country. This right is taken for granted by many and is exercised by far too
few. As the United States prepares for its 57th presidential election over five million of its citizens
will be denied their right to participate in the electoral process. Why would such a large number of
people be denied a constitutional right? They have been excluded from voting because they have
been convicted of a felony. A felony is usually considered any crime that could lead to more than a
year in prison. But states can often have differing views of what is considered a felony or a
misdemeanor. Such an ... Show more content on Helpwriting.net ...
Thus, the states that continue to exclude all felons permanently are outliers, both within the United
States and in the world (2004)." But, even those individuals who are eligible for the restoration of
their voting rights can have huge hurdles to jump. The arbitrary laws that have been put in place to
disenfranchise convicted felons are unfair and often political. What disqualifies a convicted felon
from voting in one state might not in another. The process of having a convicted felon's right to vote
restored is just as arbitrary.
While some reinstate a felon's rights as soon as they complete their sentence, others force them to
jump through numerous hoops to be able to vote again. The automatic restoration of voting rights
depends on which state the person resides. Indiana for example is one of only a few states that allow
convicted felons to vote upon their release from prison without conditions. Far too many states
require convicted felons to complete onerous tasks to regain their eligibility to vote. The state of
Florida does not automatically restore the right to vote regardless of the offense committed. Florida
has a five to seven year waiting period for all individuals convicted of a felony. After the waiting
period has been completed they must
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The African American Voice
In the United States more than two million people are incarcerated and seven million are under
correctional supervision. There are 13 million adults that have been convicted of a felony and 47
million American have something on their record. Having a felony has attained a newfound
relevance in the United States (King, 2006) . In many states begin a felon come with obstacles both
informal and formal in the lives of people with a felony convicted. In the midst of the growing civil
right movement, the augmented by racially disparate law enforcement and corrections policies the
word "felon" is commonly linked to the African American community. Having a felony conviction
limited housing, employment and educational opportunities. The barriers that of begin a felon
limited the accessing to opportunities that is available to the general population (King, 2006). In the
Unties Sates African Americans have a higher crime rate than any racial groups (Crutchfield,
Nov2007) . The bibliography will provide an overview of the felony disenfranchisement, with an
emphasis silencing the African American voice. Providing details about how disenfranchisement
suppressing voter turnout for the entire African American community . Third, the author will
provide a description the racial impact of felony disenfranchisement. Lastly the author will provide
a conclusion and a brief summary of the insights that were gained from this policy analysis paper.
King, R. S.
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Felony Effect
Cause and Effect: Having a Felony on your Criminal Record
The McDonald's all American, prom king, and voted most likely to succeed. This person had it all
going for the future, but one mistake changed his life forever. On a night in the summer before going
into college, he was partying with friends and he had been intoxicated and smoking marijuana. The
group he was with decided to get food, they were driving drunk and in a car with a small amount of
marijuana, with a pungent smell they hadn't noticed because they were consumed in it. The police
pulled them over and the bag was in his pockets, he then proceeded to eat the marijuana, he thought
he was in the clear but the officer had noticed and he then went from most likely to succeed, to a ...
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Having one felony could create a pattern and lead to a life of crime. For instance, if you happen to
try a powerfully addictive drug such as meth, you find your life spiraling out of control and become
a jailbird. You were once a responsible adult, accountable for all of your actions. Now you are
looting, scamming, and lying to family members just for your next fix. Also going to prison can
effectively scar you in many ways. You are all alone and it is a man for themselves mentality inside
those bars. The first couple of days weren't so bad, but some weeks have passed by now some of
your fellow inmates are going to test your toughness. Two inmates plan to take your lunch for a
weeks on in to see if they can find a new target for some extra food. You being a first time felon, and
not having the experience in prison, surrender your food thinking it will only be a one–time thing. It
happens a few days, those days turn into weeks, those weeks turn into months, you've had enough.
Your fellow cellmate has witnessed most of your troubles, but has not stood up for you because he
was waiting for the time to make you an offer you couldn't refuse. He then tells you, "If you join my
gang, you will never have to worry about anyone in here ever messing with you again, on top of
that, those two will be feeding you and I until it is time for them to leave here, how does that
sound"? In your mind that all sounds perfect, but going from being a high school superstar that had
everything going for him to suddenly being a gang member is very surreal, so you deny the offer. He
then answers, "It is now or never, I am only trying to help you, I never lend a helping hand to
anyone and for you to deny it is the ultimate disrespect. You will regret that decision, as long as you
are in here while suffering on a daily basis". At first you were going to deny the so called "help" but
when he
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Criminal Laws And The Cruel Treatment Of Alleged Criminals
Criminal procedures are safeguards against the indiscriminate use of criminal laws and the cruel
treatment of alleged criminals. In detail, they are designed to impose the constitutional rights of
criminal the defendants, starting with initial police contact and continuing through arrest, trial,
investigation, sentencing, and appeals. The purpose of this essay is to discuss the difference between
a misdemeanor and felony, speedy trial for misdemeanors and felonies, and the Speedy Trial Act of
1974. Difference in Misdemeanor and Felony According to Attonery.com both a misdemeanor and
felonies are criminal charges however with one big difference, a misdemeanor you are in a local or
county jail and a felony you are in a state or federal prison.
Misdemeanors
Misdemeanors offenses are punishable by substantial fines and sometimes jail time, usually less
than one year. Any jail term would most likely be served in a county jail, rather than a state or
federal correctional institution. Minor crimes consisting of offenses such as petty theft, which is the
theft of items with little worth, normally a person can 't be arrested for a misdemeanor unless the
crime was committed in front of the officer. Petty offense misdemeanors are usually held in a
shortened trial, where defendants do not have the right to court–appointed lawyers if they can 't
afford one. Jury trials can be available, depending upon the type of misdemeanor alleged.
Misdemeanors are classified according to their
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Manslaughter And Involuntary Manslaughter
dangerous resulting in a death of another human being. Manslaughter is the opposite of murder,
manslaughter can also be described in two different ways, being either voluntary or involuntary.
Voluntary manslaughter is "when the act of murder is committed in either the heat of the passion or
in the defense of yourself or others" (Benish). Meaning if somebody broke into a house and had a
gun, then the owner of the home could shoot the man, because he or she is defending themselves in
the situation. Involuntary manslaughter is "when a killing is unintentional resulting from an
unlawful misdemeanor act or a low–level felony" (Benish), such as a drunk driver wrecking a car,
killing the passengers in the vehicle. Both these class "A" felonies result in death of another human
being, therefore being the reason why the sentence is automatically 25 years to life. Rape also falls
in the category of class A, considering it can lead to murder or manslaughter and is considered a
severe felony. Rape is a type of sexual assault, either in the form of sexual intercourse or other forms
of sexual penetration carried out against a person without the persons consent (Rape). Some people
may argue that rape should fall more into the class "B" category, mainly because it is not as severe
as murder or manslaughter because it is not resulting in a dead human being. "In the United States
there is reported rape every 6.2 minutes", adding up to tens of millions of rape victims (Solnit). How
many of
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The Murder Of William Boyd, Steven Rogers, And Andru Crowley
To: Judge I. DiCidem
From: 22
Re: Case
Terry Vickorie, Steven Rogers, and Andru Crowley will face many charges for their involvement in
the homicide of William Boyd, and their actions leading up to and after the event. The charges the
boys face will be determined by what the prosecution believes they can prove to a jury, and the
wording of the statutes. The prosecution will likely bring the charges of stalking, bribery, conspiracy
to burglary, burglary, felony murder, and felony kidnapping. For the events leading up to William's
death. The prosecution will have many options of charges to press in the death of William. This will
depend on statute wording, and abundance of evidence toward each charge.
First, the boys will be charged with stalking. Stalking is the repeated following and harassing of an
individual. The prosecution must prove that the boys followed and harassed William. The
prosecution will provide evidence that the three boys knew that William could be intimidated, and
threatened him to keep quiet. The three boys continued to keep this pressure on him for an extended
period of time until William intended to inform on them. In defense, it will be argued that the boys
did not go out of their way to follow William, and there is not enough evidence to support a
conviction on this charge. Looking at the evidence, it appears defense is accurate in stating that there
is probably not enough evidence to prove stalking to a jury. The boys will most likely be found not
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The Time Of Ancient Greeks And Romans
Back to the time of ancient Greeks and romans. The disenfranchisement for felons began throughout
Europe and was referred to as the civil death. Disenfranchisement means to prevent from someone
or an individual the right to vote do to their criminal history in the past with this happening in The
United States it doesn't give the opportunity of ex–felons to have input on any laws that being
passed. For many centuries criminals lost he many rights including their right to enter into contracts,
there right to own fire arms, the right to employment in certain fields, the right to public social
benefits, the right to housing, and the right to vote in the election. English colonist carried this idea
with them as they came to America but the voter's disenfranchisement or felony continued through
the 19th and 20th centuries for many states.
During the reconstruction period the southern states began using disenfranchisement laws similar to
poll taxes, literacy test, and the grandfather clauses as a way to try to minimize the black vote.
General disenfranchisement that had applied to all criminals were tailored particularized crimes that
were mostly committed by blacks than crimes that were committed from whites. While today felony
disenfranchisement many are inherited from an underlying legacy of racist voting restrictions. The
history of disenfranchisement was laid out in a fascinating study byAngela Behrens, Christopher
Uggen and Jeff Manza. They found that state felony bans
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Essay On Three Strikes Law
Three Strikes Law 1
Running head: THREE STRIKES LAW
The Three Strikes Law
September 24, 2013
CJ526: Unit 2
Three Strikes Law 2
Three Strikes Law
The Three Strikes Law has been a subject of much debate since its introduction as a regulation in
1993. The Three Strikes law was enacted in 1994 and is widely recognized as the harshest
sentencing law in the United States. "The State of Texas was the first State to enact such a law in
1974." (Laws.com) California passed its own law enacting a Three Strikes Law that mandates a
sentence of 25 years to life for a third felony conviction. The reality of the Three Strikes Law will
lead to a significant increase in the nation's ... Show more content on Helpwriting.net ...
This law is much stricter than prior laws. At first a person convicted of two serious felonies, such as
burglary of a residence and robbery, who then committed a third serious felony, such as another
robbery, would only have been sentenced to seven years. The Three Strikes Law has overcrowded
the prison system beyond capacity. The overcrowding has gotten to the point where courts are
considering ordering the prisons to release some of the prisoners with many of these inmates not
having received any rehabilitation or vocational training to prepare them for the outside world.
Today, it costs about $20,000 per year to confine a young person that is physically fit, but three
Strikes laws would create a huge, geriatric prison population that would be far more expensive to
care for. The estimated cost of maintaining an older prisoner is three times that required for a
younger prisoner. It would cost about $60,000 per year for an older prisoner. The cost might be
worth it if older prisoners represented a danger to society. But experts tell us that age is the most
powerful crime reducer. Most crimes are committed by men between the ages of 15 and 24.
Three Strikes Law 5
Three
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Effects Of Felony Conviction
Beyond the impact a felony conviction can have on you mentally and financially, it can also wreak
havoc with your professional career. Here are some of the long–term ramifications a felony
conviction can have on your career:
You can lose your current job. Many companies have policies that call for the immediate dismissal
of an employee who has been convicted of a felony. Even if your company does not have such a
policy, you may lose so much time from any potential sentence or time spent fighting your
conviction that the company may fire you anyway.
You may not be able to complete your education. Many university applications ask you to tell them
if you have been convicted of a felony. In addition, you may not be able to qualify for financial
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Three Strike Law Case Study
On December 4, 1993, the authorities discovered the body of twelve–year–old Polly Klaas in a
grave just off Highway 101. On October 1, 1993, Polly had a slumber party at her mother's house in
Petaluma, CA. While the girls were playing in her bedroom, an unknown man walked in with a
knife in his hands. He advised the girls not to scream, proceeded to tie up the two friends and put
pillowcases over their heads and then advised the girls to count to one thousand, giving him time to
exit the house with Polly. Approximately twenty minutes later the girls freed themselves and woke
up Polly's mother, who then called the cops. For two months, nearly four thousand volunteers joined
local and federal law enforcements, the Coast Guard and even members ... Show more content on
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The law provides for punishment of those convicted of any felony, according to the following
provisions:
An offender convicted of a felony who has one previous serious or violent felony conviction must
be sentenced to twice the normal term.
An offender convicted of a felony who has two previous serious or violent felony convictions must
be sentenced to either three times the normal term, or twenty–five years to life, whichever is greater
An offender convicted of a serious or violent felony, who has a previous conviction for any felony,
cannot be awarded probation.
Unlike prior law, similar felony conviction while the offender was sixteen or seventeen years of age
may be counted as
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Misdemeanor and Felonies
Unit 1 Individual Project
Misdemeanor and Felonies
By Christopher Mincey 10/12/2014
Introduction to Criminal Law (CRJS205 –1404B–01)
Many people may have a lot of concerns of what may happen when they are charged for a crime and
what may happen next if they are convicted. When people get arrested it is scary due to the fact of
not knowing what may happen to you or what steps to take if you are convicted. You have charges
that fall under two categories which are misdemeanor or felony. With both of these categories there
may be time that an individual may have to serve behind bars or there may be different ... Show
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But looking at all the evidence that has been presented and my research I think that Ms. Singh will
be ok. She was felt upon and placed in jail possibly for expressing her feeling. Not only going into
the situation a little deeper, her boyfriend had to be placed under arrest for assault so with two
testimonies of the situation that transpired that night. The judge could have sympathy for Ms. Singh
and let her off with a warning or just pay a fine. So sometimes the law could work out to your
benefit only if you are truthful and have integrity.
References
The Difference Between Misdemeanors and Felonies. (2014, January 1). Retrieved October 13,
2014. What are the Differences Between Felonies and Misdemeanors? (n.d.). Retrieved October 13,
2014.
Zander, S., & Gale, J. (2014, September 14). What Are the Most Common Types of
Misdemeanor Cases? Retrieved October 13, 2014.
20 Most Common Felony Crimes in the U.S. (2012, January 4). Retrieved October 13, 2014.
CRIME AND PUNISHMENT CHART. (n.d.). Retrieved October 13, 2014.
Disturbing the Peace – FindLaw. (n.d.). Retrieved October 13,
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Pros And Cons Of Mandatory Sentencing
Mandatory sentencing is another form of structured sentencing, deserves special mention.
Mandatory sentencing is just what its name implies: A structured sentencing scheme that man–dates
clearly enumerated punishments for specific offenses or for habitual offenders convicted of a series
of crimes. Mandatory sentencing, because it is truly mandatory, differs from presumptive
sentencing, which allows at least a limited amount of judicial discretion within ranges established by
published guidelines. The difference between indeterminate sentencing and mandatory sentencing is
that mandatory sentencing does not give a judge the option to adjust a sentence based on the facts of
the case and the defendants sentencing it allows a judge the discretion to manage the sentence based
on the facts that were provided to them. Mandatory sentencing was originally created through the
Boggs Act of 1951.Mandatory sentencing was basically created to make sure judges did not give out
light sentencing, based on them feeling sorry for the person that was accused.
2.
The act also addressed the issue of truth in sentencing, described as "a close correspondence
between the sentence imposed upon those sent to prison release." Under the old federal system, on
average, good time credits and parole reduced time served to about one third of the actual sentence.
The emphasis on truth in sentencing created, in effect, a sentencing environment of "what you get is
what you serve." Truth in sentencing has
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California's Three-Strike Law
The Three–Strikes Law has three different components. Just like marriage, driving, and educational
laws the Three–Strikes law has its own version in every state. Unfortunately California's Three–
Strikes law is causing the most controversy. The three parts in California's law are the defendant's
record of prior convictions, the current charge and the minimum punishment the defendant is facing.
A man or woman has to be convicted of two felonies and charged with another one before the
Three–Strikes law can come into play. Dictionary.com defines a felony as "an offense, as murder or
burglary, of graver character than those called misdemeanors, especially those commonly punished
in the U.S. by imprisonment for more than a year" (Brauchli).
The first strike that someone has on their record has to be from a serious or violent crime. Some of
the controversy derives from what the law considers a serious offense. The second strike happens
when there was a prior conviction that was a violent or serious crime. When a suspect is facing his
or her second strike the required time is doubled. For example, if the court gave someone seven
years for a felony, they would receive fourteen years. When a person receives their third strike on
their record with any felony conviction their time jumps up to twenty–five to life. The offender can
not receive parole until eighty percent or twenty years of their time is served (Brauchli).
A considerable amount of people have received a twenty–five to
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Statute Of Limitations In Criminal Law
Across the United States, many criminal courts have created a rule known as statute of limitations.
Statute of limitations sets forth a time limit to raising a legal issue in order to not only maintain the
integrity of evidence gathered for the trial, but to also protect people from being harassed about a
crime that was never tried a long time ago. In order to begin a criminal case within statute of
limitations, a prosecutor must bring forth formal charges against a defendant within a specific
amount of time after a crime is first discovered by law enforcement. The amount of time that a
prosecutor can file criminal charges against a defendant depends on the crime's classification under
the federal or state criminal code. Because of the different classifications of crimes in criminal
codes, there are several forms of time limitations that prosecutors should know before deciding to
file criminal charges against a defendant.
The first type of offense is known as an infraction. In the criminal code, infractions are crimes that
carry a punishment of paying a fine ("Felonies, Misdemeanors and Infractions: The Differences",
n.d.). Once law enforcement discovers this type of offense, the prosecutor is given exactly six
months to file charges against the defendant ("Time Limits for Charges: State Criminal Statutes of
Limitations", n.d.). Some examples of infractions can include citations for parking violations,
running a red light, and speeding.
The next type of offense is known as
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Literature Review : Law On The Books '
Literature Review
"Law on the Books"
Repeat offenders are perhaps the most difficult offender population for the system to handle, and
"protecting communities from these offenders may be the most emotionally and politically charged
challenge for the criminal justice system" (Dickey & Hollenhorst, 1999). Though most states had
statues targeting career criminals, policy makers and the public continued to push for harsher
punishments for repeat offenders during the twentieth century (Brown & Jolivette, 2005). As a
result, strict sentencing laws were enforced, such as, three strikes, that required a person convicted
of a felony, that had a previous conviction of one or more felonies to receive a sentence
enhancement (Brown & Jolivette, 2005). Supporters of three strikes legislation claimed that these
laws could be utilized as a tool to control the crime problem, and was the only way to keep violent
repeat offenders off of the streets (Brown & Jolivette, 2005).
Essentially, three strikes laws were implemented as a means to effect crime in two ways. First, as a
means of incapacitation, by extending sentences to remove repeat offenders from society for long
periods of time to restrict their ability to commit crime (Dickey & Hollenhorst, 1999). Second, as a
means of deterrence, by threatening longer sentences that would dissuade offenders from engaging
in new crimes (Brown & Jolivette, 2005). Three strikes laws became widespread in 1993 when
Washington became the first state to
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Three Strikes And Youre Out Law Essay
Three Strikes You're Out Law
We have all heard of the newest anti–crime law, the "Three strikes and you're out" law.
It wasn't easy getting this law from the bill stage in Sacramento to the law stage, because it is not a
criminal friendly law. Meaning that this law's purpose is to bring pain, suffering, and intimidation to
criminals. Our state government was basically ran by the Assembly Speaker Willie Brown, now
mayor of San Francisco.
Brown had the power to choose who sat on what committee in the house, and using this he could
terminate any bill he did not agree with. And with this attitude it took a lot of patients and
perseverance by the people trying to pass this bill. But how did the bill become a bill? I ... Show
more content on Helpwriting.net ...
The men did some research and drew up some ideas. Their final legislative proposal was as follows:
Double the sentence for a conviction of any felony if there is a previous serious or violent felony
conviction.
Triple the sentence or twenty–five years to life, whichever is greater, for any combination of two
prior violent or serious felony convictions coupled with any new felony.
Probation, a suspended sentence, or a commitment to a diversion program as a substitute for serving
time in prison is prohibited for felons with at least one prior conviction of a serious or violent
felony.
Any felon with at least one prior serious or violent felony conviction must serve any subsequent
felony sentence in a state prison (as opposed to a county jail).
Terms are to be served consecutively, rather than concurrently.
Maximum allowable time off for good behavior is reduced to 20 percent.
Juvenile convictions for serious of violent felonies count as prior convictions if the felony was
committed when the juvenile was sixteen or seventeen years old.
When a defendant has at least one prior conviction for a serious or violent felony, the district
attorney is required to plead and prove all known prior felony convictions. Prior felony convictions
cannot be used as part of a plea–bargain.
Now that Mike had the proposal he had Bill Jones submit it to
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Felonies : Crime And Crimes
Felonies are considered to be the most serious class of offense in the U.S. They are typically
separated into distinct classes to ensure that repeat offenders receive more severe punishments as
compared to those who are first–time offenders. Felonies are punishable by a fine, imprisonment of
more than one year or both.
Approximately 6.1 million Americans cannot vote because of felony disenfranchisement. 2.2 million
people are in prison and jail. Nearly 469,545 people were incarcerated in 2015 for drug offenses.
Even during times when crime rates have declined in the country, the number of individuals being
sentence for property and violent crimes continues to increase.
Types of Felonies
Felonies are classified into three categories:
1) infarctions
2) misdemeanors and
3) felonies
Of these, felonies are the most serious. The types of crime that are usually considered to be a felony
include arson, burglary, aggravated assault, drug related crimes, domestic violence, DUI,
manslaughter, rape, murder, fraud, theft, robbery and vandalism. Anyone convicted of a felony is
described as a felon.
The length of punishment varies according to the type of felony. However, both the Federal
Government and most States classify felonies as crimes that carry incarceration for a minimum of
12 months. For felonies like murder, the punishment may be a death penalty.
In general felonies are divided into two broad categories – crimes against property and crimes
against people.
Crimes
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Pros And Cons Of Burglary
is fenced in, any other structure inside the fence is considered an extension of the dwelling, even if
those buildings are not used as living quarters. If there is, for example, a farmhouse, a barn, and a
tool shed that all sit within one large fence, the barn and the tool shed are considered part of the
dwelling even though they are not used as living quarters and, if a defendant breaks and enters into
the barn or the tool shed with the intent of committing a felony, he can be convicted of burglary.
Also please note that if a defendant enters a dwelling without breaking, but, once inside, breaks into
a closed part of the dwelling, he can be convicted of burglary. However, the part of the building that
he breaks into must actually be a part ... Show more content on Helpwriting.net ...
In such cases, one party's breaking and entering into the other party's living space at night with the
intent of committing a felony will constitute burglary.
Many jurisdictions have also eliminated the element of "dwelling" from the burglary definition and
consider burglary the entering onto any premises with the intent to commit a felony therein.
As we have said, the breaking and entering must be done at night in order to qualify as burglary.
However, the breaking and entering do not have to be done on the same night. That is to say, the
defendant can create the opening in the dwelling on one night and then use that opening to gain
entry on another night. Please remember, however, that, as we said before, there must be a causal
relationship between the breaking and entering so that, even though the breaking and entering can
occur on different nights, the breaking must be the means that the defendant uses to gain access to
the dwelling.
Many jurisdictions have also eliminated the element of "night" from the burglary definition and
consider burglary the entering onto any premises at any time with the intent to commit a felony
... Get more on HelpWriting.net ...
Felon Disenfranchisement Is The Loss Of The Right Of Vote...
Felon disenfranchisement is the loss of the right to vote for people who have committed felonies.
When researching deeper into felon disenfranchisement, there is an underlying racial factor that
consistently comes up. Some say disenfranchisement of felons is racially oppressive and a threat to
democracy, while some argue that it's functional and that race has no relevance. To start this paper I
will give a brief background on felon disenfranchisement in relation to race. I will examine and
analyze those who believe that "yes," disenfranchisement of felons is heavily rooted in racial
persecution. I will then examine and analyze those who say "no", felon disenfranchisement is
necessary and has no racial impact. After copious amounts of research, I have come to agree with
the "yes" side, because their facts are more persuasive and their use of history is in depth, and as a
whole this side delivered a well rounded argument. In the United States, disenfranchisement laws
vary on a state level, but fall under these four main categories– never lose the right to vote, lost only
while incarcerated (automatic restoration upon release), lost until completion of sentence including
parole and probation, and restoration only by application and Governor's or court action. There are
approximately 6.1 million disenfranchised Americans, 2.2 million of these people are African
Americans, essentially one in thirteen of all African Americans nationally. In four states, the
numbers increase to
... Get more on HelpWriting.net ...
Felony Disenfranchisement
Should Felons be Allowed to Vote? 1 In this essay, I will be in support of felons having their voting
rights restored after serving their prison sentences and completing all terms and conditions of
probation or parole successfully. My reasons for supporting the restoration of felons' voting rights
are because voting is a "right" under the Constitution of the United States. After a person serves
their prison sentence; some ex–felons have the ability to be and remain rehabilitated and live
productive lives. Also, the laws are changing making it easier to be charged as a felon. Most of the
people that are against felons voting claim that they make bad judgments because they do not abide
... Show more content on Helpwriting.net ...
In those twenty states people who are in prison, on parole, and on probation cannot Should Felons
be Allowed to Vote? 3 vote. Four states, California, Colorado, Connecticut, and New York, do not
allow prisoners and parolees to vote, but people with any criminal past, even those on probation, can
vote. Thirteen states, District of Columbia, Hawaii, Illinois, Indiana, Massachusetts, Michigan,
Montana, New Hampshire, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, and Utah,
only disenfranchise felons while they are in prison. Everyone else, including felons, parolees, and
those on probation are allowed to vote. In two states, New Hampshire and Maine, everyone has a
right to vote, including prisoners. There are eleven states, Alabama, Arizona, Delaware, Florida,
Iowa, Kentucky, Mississippi, Nevada, Tennessee, Virginia, and Wyoming, which make it
exceedingly difficult, if not impossible, for some felons to regain their right to vote. Most of these
states do not allow criminals who committed serious felonies such as rape, murder, and kidnapping
to vote without an action by the Board of Parole or the governor of the
... Get more on HelpWriting.net ...
Should Felonies Be Allowed To Vote Essay
One of the most controversial issues in society today is whether or not convicted felonies should be
allowed to vote. According to the law , Voting is entitled to everyone once he or she have reached
the age of 18, but what happens if he or she breaks the law? Do felonies still have the right to vote
for upcoming candidates, or once the law has been demolished has their right to vote been abandon?
The United States is one of the strictest nations when it comes to rejecting the right to vote to
felonies who have been accused of serious crimes. Thousands of Americans are not allowed to vote
because of what they call "felon disenfranchisement," which is referring to those people who are
banned from voting due to a conviction of a criminal offense usually restricted from serious of
crimes (Teen Nick). Felonies who have completed their time or who still is serving time when their
debt is paid it is important to bring their rights back and allow them to vote again. While many argue
whether felonies should or should not have the right to vote, Felonies who are given ... Show more
content on Helpwriting.net ...
Felonies showed poor judgment and added to ex–felon ballots that will make many individuals not
comfortable at an election. The election of a chief or president can be considered as being a problem
when it allows careless felonies the right to vote. Some people say there should be a minimum that
felonies should be allowed their rights stored and others believe that felonies that committed such
serious crimes should not be allowed to vote. Shaw gave several reasons why felonies should not be
allowed to vote. First, he stated that felonies should not be allowed to vote because there are
multiple of consequences that they face that violate the rights of others. Second, he stated that they
portray dishonesty and become irresponsible by committing horrible crimes
... Get more on HelpWriting.net ...
Limitations Of Law Enforcement
In the United States of America, the work of law enforcement is hit hard with various polices and
limitations that can be good for the accused criminal, but bad for the each of the citizens in the
surrounding community that was affected by the accused perpetrator. Even though there are lot of
limitations on how law enforcement does their work on a daily basis, there are two main limitations
in criminal law that stand out amongst the rest. These two concepts of criminal law that affect the
day to day operations of the law enforcement profession are known as statute of limitations and ex
post facto laws. Each of the factors associated with these two concepts severely impact the work of
law enforcement in some way shape or form. The first concept that impacts the work of law
enforcement is ex post facto laws. Ex post facto is Latin for "after the fact" and is used to describe
regulations that criminalize a certain type of conduct that was legal when the conduct was originally
performed ("Ex Post Facto," 2007). Because of the United States Constitution, these actions are
prohibited from being used by the government. The main reason why this protection is in effect in
order to avoid having the government spontaneously create laws just because they deem that the
action was wrong in their opinion. An example of this can be seen in a situation where a person hugs
a friend and the government spontaneously creates a law that hugging a friend is punishable under
law, police officers
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Felony Recidivism
A Felony, But For What? Recidivism is when a person has relapsed into criminal behavior, it usually
occurs after the person receives sanctions or goes through intervention for a previous crime. It is
measured by acts of crime that result in rearrest, reconviction, or return to prison with or without a
new sentence during a three year window following the prisoner's release (Durose). A felony is any
crime punishable by more than one year in prison or death ("Felony."). Whenever the term
"convicted felon" appears in text on an application, for example, a red flag is raised immediately.
Although the term "convicted felon" results in automatic negative judgement, it is unfair that each
person with a felony on record be treated the exact same ... Show more content on Helpwriting.net
...
A convicted felon cannot be identified by a felon. Each one deserves to have their case looked into
when trying to get a place to live, a job to support themselves, or just to simply live as human being.
Landlords should be required to look into the case instead of assuming the worst when they see the
word "felony," most likely thinking, "this person is a murderer or a thief." Same thing applies to
employers when reviewing a convicted felon's application. Why do people immediately assume the
worst or make judgements only on what is directly handed to them? There is a major difference
between a felon who committed murder or attempted murder and someone who did graffitti too
many times or was in possession of a little too much marijuana. Law requirements for reviewing
these kinds of applications need to be readdressed. If not, these individuals will only revert back into
a negative lifestyle and become a statistic, a statistic that could be avoided all together. When
someone's options are so limited and there are only a couple paths ahead of them, they are forced
into what they are expected to do. How can we expect someone to get back on their feet when the
majority of those around them keep pushing them back down? It's discouraging to those who have
done their time and are forced to continue paying for what they've done. Surely everyone has been
given a second chance at some point in their life, why not them? If they fail again it's understandable
to take away that chance, but they are only set up for failure again without that
... Get more on HelpWriting.net ...
Pros And Cons Of Felony Disenfranchisement
eligible for public assistance and it is more likely that a person will return to prison once they have
already been.
Forty–eight states and the District of Columbia deny prisoners the right to vote. Felony
disenfranchisement policies have a disproportionate impact on communities of color. Black
Americans of voting age are more than four times more likely to lose their voting rights than the rest
of the adult population, with one of every 13 black adults disenfranchised nationally. In total, 2.2
million black citizens are banned from voting. In 2007 more black men were disenfranchised than in
1870, the year the Fifteenth Amendment was ratified prohibiting laws that explicitly deny the right
to vote on the basis of race. When someone has been convicted of a felony they lose their right to
vote. Voting is one of our most important rights, as it grants us the ability to induce change, by
taking away a person's right to vote, they are no longer able to participate and political changes that
may very well affect them. Country's Greatest Impediment to Minority Political Participation While
felon disenfranchisement has been a longstanding practice in many states, in recent decades, there
has been a dramatic increase in the number of citizens disqualified from voting because of it. Since
1976, the number has climbed from roughly 1.2 million to approximately 6.1 million. Nationwide,
nearly one in seven black men are either temporarily or permanently disenfranchised as a
... Get more on HelpWriting.net ...
The Pros And Uses Of Identity Theft
According to Reyns (2013), Identity theft is a term used to categorize several offenses involving the
fraudulent use of an individual's personal information for criminal purposes without their consent.
Someone has decided to hijack someone's personal identification information and caused not only
financial damage but also impacted the victim's reputation. In order to seek justice, a Forensic
Accountant can be utilized to help with recovering the damage caused by identity theft and the steps
taken to make the victim whole again while seeking civil and criminal justice.
Identity theft is an increasing epidemic . Some of the ways a person can commit identity theft would
be using someone's person identification information for financial benefit. Some the ways a
perpetrator can do this is by using another individual's personal information such as date of birth,
driver license number, social security number, etc. Essentially, there are different type's identity
crimes such as financial, medical, child and synthetic identity theft. (VanderPal, 2015)
Fraudsters have turned to many different methods to obtain personal information such as social
engineering. Social engineering attacks are multifaceted and include physical, social and technical
aspects, which are used in different stages of the actual attack.( Krombhol, Hobel, Huber, & Weippl,
2015) For example, a perpetrator can obtain personal information by stealing an individual's mail, or
sending fictitious emails posing
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The Concept Of Career Criminals
Introduction
The concept of career criminals varies depending on your interpretation. The United States
Sentencing Commission defines a career criminal as "if (1) the defendant was at least eighteen years
old at the time the defendant committed the instant offense of conviction; (2) the instant offense of
conviction is a felony that is either a crime of violence or a controlled substance offense; and (3) the
defendant has at least two prior felony convictions of either a crime of violence or a controlled
substance offense." (U.S. Sentencing Commission, 2011)
Along side this definition, there are are laws in place specifically for career criminals, or repeat
offenders. Laws like The Armed Career Criminal Act of 1984 (ACCA) which, at its core, is a
federalized version of the Three Strike Rule. The ACCA differs from the three strike law in that it
was drafted mainly for criminals who commit crimes involving the use of firearms. The law
mandates a minimum sentence of fifteen years after the third conviction for felons of violent
felonies or drug offense. The seriousness of previous convictions is not taken into account when
giving a third sentencing however. For instance, if a felon was convicted, three times, for possession
of illegal substance but, for his fourth arrest, is convicted of possessing an illegal firearm, will have
to serve a minimum of fifteen years based on the ACCA. Because of this, people ridicule the law for
being too harsh on criminals.
This paper
... Get more on HelpWriting.net ...
The Pros And Cons Of Limition Of Crimes
In the United States, many courts have created a rule known as statute of limitations. This rule
establishes specific guidelines to determine how long a person has to bring forth a case against
someone. In criminal law, the prosecutor is normally the one who is required to bring forth formal
charges against a defendant within a specific amount of time after a crime is first discovered by law
enforcement. Because of the different classifications of crimes in the criminal codes, there are
various time limitations that prosecutors must be aware of when deciding to file charges against a
defendant.
The first type of crime is known as petty offenses. Petty offenses are described in the criminal code
as crimes that inflict punishments ranging from fines to a short jail term of up to no more than six
months ("Petty Offense", n.d.). Some examples of petty offenses can include failing to appear for
court, and traffic citations. Once this type of offense has been discovered by law enforcement, the
prosecutor will be given six months to file charges against the defendant ("Time Limits for Charges:
State Criminal Statutes of Limitations", n.d.). Since petty offense convictions come with fines of no
more than $5,000 and/or six months or less behind bars, most courts do not hold actual jury trials to
prosecute these offenses ("Felonies, Misdemeanors and Infractions: The Differences", n.d.).
Furthermore, because the consequences seem very minimal, most people end up deciding to serve
the
... Get more on HelpWriting.net ...
The Greatest Crime Bill Clinton Essay
According to President Bill Clinton, "We have a chance to pass the toughest, the smartest crime bill
in the history of the United States," and this was the California residents ' belief at the time the
Three Strikes and you're out law took effect in 1994.The purpose of the Three Strikes Law is to
punish habitual offenders upon receiving their third conviction of any felony. Initially, if an
individual receives a serious or violent felony conviction, this is a first strike; subsequently, the
second serious or violent felony charge is a second strike and the individual will serve double the
time originally assessed for the first felony. Finally, upon the third felony conviction an individual
receives a minimum sentence of twenty five to life in prison. Even though twenty–three states,
including the federal government, several politicians such as, Senator Bob Dole, and President Bill
Clinton supported the passage of the Three Strikes Law. Undoubtedly, the Three Strikes bandwagon
happened during a time in society when fear of crime was at its peak; as a result, law enforcement
and other government officials went to the extreme in promising citizens to end habitual crime.
Therefore, if the Three Strikes Law is to be a fair and impartial punishment for all criminals'
committing serious and violent crimes; then the crime committed must fit the consequences. Thus, is
it fair to condemn a man who has two previous serious felonies for stealing a one dollar item on his
third offense,
... Get more on HelpWriting.net ...
The Use Of Felon And The Laws Impose On Felony Act
One cannot discuss this topic without given the definition of felon and the laws impose on felony
act. Who is a felon? A felon is someone who has been convicted of serious or violence crimes, such
as murder, rape, robbery, and burglary and as a result is punishable more than one year. The
constitution of U.S.A from the voting act prevents someone who has been convicted of felony to
participate in an election; however this enactment is as a result of racial politics (Preuhs R.R).
According to Robert this policy disproportionately affect minority population on blacks and Latino
citizens, and this article is supported with enough evidence that would convince any reader. This
article basically talks about how the minority population of ... Show more content on
Helpwriting.net ...
According to Preuhs he said that felon disenfranchisement has remained one of the few legal means
through which a state can directly ban the electoral participation of its citizen. The article mainly
focused it finding on the size of minority population, parity in incarceration rate, the degree of
legislative professionalism became the author's purpose.(Preuh,.R.R.) First and foremost to support
the author's ideas that felon disenfranchisement is enacted to exclude black and Latino citizens from
election as the article statistically highlighted the whole nation with the percentage of blacks or
Latino citizens with whites and the general population, on the national level, 36 percent of the
disenfranchisement population is black, compared to 12 percent of the general population(Fellner
and Mauer 1998:1) that is number of blacks is higher than the general population and the white as
well. The above statistics can be supported that 13 percent of adult male African American are
disenfranchised from voting but only 2 percent of the Adult population as a whole (Fellner and
Manuel 1998:2) and lastly more than 25 percent of adult black men are permanently disenfranchised
in Alabama, Iowa, Mississippi, New Mexico, Washington and Wyoming(Fellner and Manuel) and in
order to incorporate it with the Latino citizens
... Get more on HelpWriting.net ...
Sexting Child Pornography
Some people believe that sexting should not be criminalized or treated as "distribution of child
pornography". After researching, sexting has seemed less and less harmful. Sexting is seen as an act
or discretion only done by kids, but that isn't always the case, so why have the same punishment for
an adult as you would have for a minor, when minors are not given the same rights as adults. The
sentencing for sexting or "distribution of child pornography" should become circumstantial. Sexting
is not always harmful and should be seen as the act of a criminal. Sexting among teens should not be
criminalized. Current child pornography laws are designed to protect children, but when applied to
sexting and teens, it subjects youths to potential felony charges, which can ruin their lives by
labeling them as sex offenders and confusing them with adults convicted of heinous sex crimes
against minors. (American Civil Liberties Unions). As a child or an adult, being labeled as a sex
offender can ruin the person's life and can limit them on many things later in life. Sex offenders have
certain guidelines that they have to follow such as; a sex offender can not live near any school and a
sex offender must register each year as a sex offender, they can not join any form of military, and
before moving into any neighborhood they must go to each person's house and notify the person that
they are a state registered sex offender.Existing criminal laws, that carry the potential for a felony
conviction and sex offender restrictions, are not meant to address teen sexting. Under the existing
laws and their extensive punitive effects, these teens will be stripped of a future as their education
and work prospects will be bleak. Teens should become exempt from these charges or
misdemeanors, on the bases that they are only kids and still minors. Teens should be educated about
responsible behavior when it comes to media. There should be punishment for any picture sent
without consent, for instance any pornographic or any form of sexting picture randomly sent without
the receiving person wanting or giving consent should be met with a punishment, but still not a
punishment that will follow them for the rest of their life. In
... Get more on HelpWriting.net ...
Should Felons Be A Crime?
People who are felons have their rights and freedom taken away forever because they make a
mistake in life. How is that fair? Think about this for a minute; if a person gets a trafficking charge
or three DUI's within five years, that person now has a felony record and is labeled a felon. As
punishment the now felon are sentenced to prison for a time declared by a judge and on parole for
some time. Though the time has been served a felon is still at large. One non–violent crime stays on
your record forever? Some believe that just because a person committed a crime that all civil rights
should be taken away. Why? The "felon" label, along with the negative social and legal implications
that accompany it, is essentially blind to the severity of the underlying crime. The convicted felon
definition, the individuals that comprise this particular class include all social economic, racial,
ethic, and gender categorizations. Although the term felony commonly refers to serious crimes
punishable by imprisonment for at least a year, or by death, it may include minor crimes
(Saxonhouse, 2004). The convicted felons classification can be divided into two subcategories:
Current felons– those who are currently incarcerated, on probation, or on parole; and ex–felons–
those who have completed their sentences and are no longer under control of the criminal justice
system. Both violent and non–violent felons are measured equivalents within the current and ex–
felon groups (McGuire, 2014).
... Get more on HelpWriting.net ...
Essay about Hr Hiring Felons Survey
Employer Surveys Regarding Employment of People with Criminal Histories In 2009, twelve
employment specialists from the Johnson & Johnson–Dartmouth Community Mental Health
Program were nominated, because of their excellent job performance, to participate in a project
designed to learn how to assist people who have both criminal histories and serious mental illness.
The employment specialists conducted employer surveys in their home states and then met with
members of the Dartmouth IPS team to discuss the results of the surveys. This report represents 128
surveys. Employment specialists who participated in this project: Janet Dickerson Washington D.C.
Tim Dunn Amelia, Ohio Crystal Ganat Stamford, Connecticut Kevin Kearns Burlington, ... Show
more content on Helpwriting.net ...
tore (12) Community Action Group (15), Community Service Agency (400) Construction/Carpentry
Contractor (3), Construction (6), Cabinet Maker (25) Construction Supplier (5,000) Daycare (1),
Kids Club (15), Daycare (29), Daycare (125) Delivery (55) Facilities Management (27) Farm (25)
Fast Food (12), Fast Food (24), Fast Food (35+) Fencing School (4) Financial Services (10) Flower
Shop (5), Flower Shop (8) Food Delivery–nonprofit (10) Food Service (6), Food Service (70–80),
Food Service (110) Furniture Store (3), Furniture Store (5), Furniture and Appliance Retail/Rental
(8), Furniture Store (10) Gas Station (14) Gift Shop (10), Gift Shop (19) Convenience/Grocery Store
(6), Grocery (25), Grocery (29), Grocery (30+), Grocery (200), Grocery (225), Grocery Store (?)
Guitar/Music Store (3) Hair Salon (18) Hotel (40), Hotel (300) Housing Development and
Management Corporation (65) Insurance (254) Dartmouth Psychiatric Research Center–Expert
Employment Specialist Group 3/10 3 Internet Marketing (212) Irrigational Pump Services (35)
Logistics Services (200) Mailing Store (2) Manufacturing (100), Manufacturing (120),
Manufacturing – welding (161), Manufacturing – soap (175), Manufacturing (194), Manufacturing–
factory (240) Mattress Store (7) Meat Packaging (12) Medical/Healthcare (30), Medical (over
1,000), Motorcycle Retail (8) Movie Theatre (80) Newspaper (174) Party Rental Store (22) Pet
Store (10) Pet Grooming (2) Pharmacy (20) Recording Studio–multimedia (6)
... Get more on HelpWriting.net ...

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The Pros And Cons Of Misdemeanors

  • 1. The Pros And Cons Of Misdemeanors What Is A Misdemeanor? A misdemeanor is a criminal offense that is far less serious than a felony. The majority of people convicted of a misdemeanor see a judge and are generally punished with just a fine; even if incarceration is recommended, the time is spent in a county jail. The time spent in jail is never more than 12 months. It is important to note that while misdemeanor is less serious than a felony, an infraction is an ever lesser type of crime. An infraction occurs when one does something wrong such as jaywalking, wrong parking etc., and is issued a ticket and that's that. In most cases, the offender will just pay a fine. There is no need to appear in court or any chance of jail time. However, if the infraction remains unpaid or unresolved, there may be a risk of greater penalties. Most States classify misdemeanors into three categories: petty misdemeanors, ordinary misdemeanors and gross misdemeanors. Petty misdemeanors are the least serious and often involve no jail time or jail time of less than six months and a fine of usually less than $500. The punishment for a gross misdemeanor is less than that prescribed for felonies. Sometimes the judge will look at the past criminal history of the offender and for a first time crime may also recommend community service, probation or restitution. This is almost never the case with a felony where a minimum jail time of 12 months is mandatory. Depending on your state and jurisdiction, typical examples of a misdemeanor ... Get more on HelpWriting.net ...
  • 2.
  • 3. Essay about Brief of Begay V. United States 553 U.S. 137,... LEGAL THEORY Chapter 4 CASE BRIEF Name: Professor: 553 U.S. 137, 128 S.Ct. 1581 Facts: In September 2004, New Mexico police officers received a report that Larry Begay, the petitioner here, had threatened his sister and aunt with a rifle. The police arrested him. Begay subsequently conceded he was a felon and pleaded guilty to a federal charge of unlawful possession of a firearm in violation of § 922(g)(1). Begay's presentence report said that he had been convicted a dozen times for DUI, which under New Mexico's law, becomes a felony (punishable by a prison term of more than one year) the fourth (or subsequent) time an individual commits it. (Supp.2007). The sentencing judge consequently found that Begay had at ... Show more content on Helpwriting.net ... Holding: No. reversed and remanded Reasoning: In determining whether this crime is a violent felony, the Court considered the offense generically. The Court examined it in terms of how the law defined the offense and not in terms of how an individual offender might have committed it on a particular occasion. The Court said that DUI does not fall within the scope of the Act's clause (i) "violent felony" definition. DUI, as New Mexico defines it, nowhere "has as an element the use, attempted use, or threatened use of physical force against the person of another." 18 U.S.C. § 924(e)(2)(B)(i). The Court also assumed that the lower courts were correct in concluding that DUI involves conduct that "presents a serious potential risk of physical injury to another." § 924(e)(2)(B)(ii). But even so, the Court found that DUI falls outside the scope of clause (ii), and it is simply too unlike the provision's listed examples for the Court to believe that Congress intended the provision to cover it. In the Courts opinion In our view, the provision's listed examples– burglary, arson, extortion, or crimes involving the use of explosives–illustrate the kinds of crimes that fall within the statute's scope. Their presence indicated that the statute covers only similar crimes, rather than every crime that "presents a serious potential risk of physical injury to another." § 924(e)(2)(B)(ii). If Congress meant the statute to be all encompassing, it is ... Get more on HelpWriting.net ...
  • 4.
  • 5. The Pros And Cons Of The Juvenile Justice System Blended sentencing laws–which give courts discretion in some cases to impose juvenile and/or adult sentences on young offenders–became popular during the 1990s as a means of broadening the spectrum of available sanctions. These laws variously allow courts to impose: 1. An adult or a juvenile sentence; 2. Both a juvenile and an adult sentence; or 3. A sentence that exceeds the normal limit of juvenile court jurisdiction. Since 2002, Ohio has provided a blended sentencing alternative for designated serious youth offenders, who receive both a juvenile and an adult sentence. The Ohio sentencing alternative was modeled on Minnesota's blended sentencing alternative, referred to as Extended Juvenile Jurisdiction (EJJ). Under this system, the suspended adult–system sentence may be imposed if the offender does not comply with the terms of the juvenile court sentence. The Minnesota and Ohio alternatives are sometimes referred to as a "last chance" for young offenders to remain in the juvenile justice system. Both states have retained the traditional option of transfer to adult court for serious juvenile offenders. Researchers who have studied how prosecutorial decisions are made under these systems generally assume that prosecutors use a two–step process whereby they first decide whether a particular case involving a juvenile defendant will be prosecuted in juvenile court or motioned for a specialized processing track. In the second stage, prosecutors decide whether ... Get more on HelpWriting.net ...
  • 6.
  • 7. The Importance Of Animal Abuse The reason why animal abuse still exists is because the word abuse can be interpreted many ways . Animal abuse has been around since 1280 when animals were executed for their misdeeds and wrongdoings towards humans . Animals still have not gotten the justice they deserve . There are many different forms of abuse that animals go through that do not get addressed . Although , law enforcements do something to help with animal abuse they do not do enough (Beirne 1 ) . The government should enforce more harsher laws because animal cruelty is unethical , felonies against animals should be taken more serious , and animals have moral rights . Society sees any kind of abuse as morally wrong but animal abuse is particularly immoral because animals have no voice . Animals are brought into people's home as workers , pets , and sometimes considered family . Research has even found that cruelty to animals results / resulted in the hardening of people's heart of fellow humans . Since pets are considered family it is hard for cruelty against them to be accepted by society as right when they compare the abuse of a dog to a child . It is found through research that 84% of responders to a survey think of themselves as the mother or father of their pets . Since animals are the closest thing to humans they have a close association with the life of humans and aid in regular life . (Ryan 1 . ) Since animals are so closely associated with humans some feel that animal abuse should be a form of ... Get more on HelpWriting.net ...
  • 8.
  • 9. Should Not Be Convicted A Crime Or Felony? "Felon" the title that brands a life time. Most shake in their shoes when they hear this word. It describes those who are cruel and wicked that convicted a crime or felony. Here's a case scenario: At the age of 18 you were persuaded to drive; following a group of friends to a local convenient store. At the time, you had no idea they had intentions on robbing the store at gun point. Clearly, you were at the wrong place wrong time. You 're now being forced to think about claiming in court: guilty by association. Not only are you only eighteen years old but, it 's exactly four weeks until senior graduation and two weeks before your schools' prom. Whose to say you 'd spend these precious moments of your life behind bars in the lonely color orange. Week after week you'll be pleading before the judge claiming that you done nothing at all wrong. After losing the case and spending 3 years in a prison you 're now labeled for a life time as a felon. In every state, crimes are put into distinct categories. The categories are usually "felony," "misdemeanor," and "infraction." Decisions on crime classification are made by state legislators; the determination focuses on the seriousness of the crime. A felony can be defined as a crime, typically one involving violence, regarded as more serious than a misdemeanor, and usually punishable by imprisonment for more than one year or by death. Types of felonies include assaults that cause serious bodily injury; murder, rape, sexual abuse in the ... Get more on HelpWriting.net ...
  • 10.
  • 11. Example Of Felony Disenfranchisement Felony Disenfranchisement Felony disenfranchisement is a concept that has been sweeping the masses as of late parallel to the high rates of imprisonment. Felony disenfranchisement is believed to have started in 1792 with Kentucky as only free men of age 21 and older could vote and since then it has become a phenomenon used by all states except Maine and Vermont. By definition, felony disenfranchisement is when a person goes to prison for an offense and is simultaneously stripped of several civic duties. These duties include having the right to vote, fair opportunity when applying to jobs, and not being able to apply for student loans amongst many others. The problem is becoming even stronger as time goes by as more and more of our citizens are placed in an imaginary threshold that is kept away from our modern society. There are a multitude of crafted reasons for why felons are disenfranchised, but none of them directly point to the reason. Many would say because they are felons and they deserve it. Many would also say that it is because the time that taxpayers paid for their facilities should be "split" in a sense with the convicts. The statistics would say that it is because of race as the rates of disenfranchised felonies and black imprisonment are both soaring parallel to each other. The point is that there is no exact definition of why felons are disenfranchised. If it cannot be written into a constitutional law, then why is it an aspect of our society? That is more ... Get more on HelpWriting.net ...
  • 12.
  • 13. Analysis of Lopez vs. Gonzales Court Case Essay Even before the Declaration of Independence was written, the United States was always a country where people journey upon to seek a better life to the land of the free in order to find a life style on the idea "life, liberty, and the pursuit of happiness." Since immigration is recognized as one of the largest dilemmas of homeland security, people value their safety, disregarding the fact that the United States was born from immigrants. However, this does not mean that immigrants do not have to obey the law; it is an obligation or else consequences will arise. Because the United States is a democratic nation, it trusts the people of the country to assist in the making and carrying out laws. When people do commit a crime, in a particular ... Show more content on Helpwriting.net ... The judge ordered Lopez removed "in light of 8 U. S. C. §1229b(a)(3), which provides that the Attorney General's discretion to cancel the removal of a person otherwise deportable does not reach a convict of an aggravated felony." (FindLaw) The Board of Immigration Appeals (BIA) confirmed and the Eighth Circuit acknowledged the BIA. He was released for good conduct after 15 months' imprisonment. The United States Supreme Court constituted a "felony punishable under the CSA" only if it proscribed conduct punishable as felony under the CSA, as quote by quote "ordinarily "trafficking meant commercial dealing, reading would render the law of alien removal, and sentencing for illegal entry into the country." (FindLaw) The Immigration and Naturalization Services pursued to deport the individual on two grounds: first being, his commission of the aggravated felony and the second, his conviction of the offense involving a controlled substance. Because Lopez was a permanent resident of South Dakota, he was qualified to apply to the Attorney General for his "cancellation" of the deportation. The court denied his application for cancellation of his deportation order, since the Immigration and Naturalization center forbids the Attorney General from cancelling ... Get more on HelpWriting.net ...
  • 14.
  • 15. Convicted Felons Should Retain The Right to Vote Essay Individuals convicted of a felony should not lose their right to vote. The right to vote is a birth right for citizens born in this country. This right is taken for granted by many and is exercised by far too few. As the United States prepares for its 57th presidential election over five million of its citizens will be denied their right to participate in the electoral process. Why would such a large number of people be denied a constitutional right? They have been excluded from voting because they have been convicted of a felony. A felony is usually considered any crime that could lead to more than a year in prison. But states can often have differing views of what is considered a felony or a misdemeanor. Such an ... Show more content on Helpwriting.net ... Thus, the states that continue to exclude all felons permanently are outliers, both within the United States and in the world (2004)." But, even those individuals who are eligible for the restoration of their voting rights can have huge hurdles to jump. The arbitrary laws that have been put in place to disenfranchise convicted felons are unfair and often political. What disqualifies a convicted felon from voting in one state might not in another. The process of having a convicted felon's right to vote restored is just as arbitrary. While some reinstate a felon's rights as soon as they complete their sentence, others force them to jump through numerous hoops to be able to vote again. The automatic restoration of voting rights depends on which state the person resides. Indiana for example is one of only a few states that allow convicted felons to vote upon their release from prison without conditions. Far too many states require convicted felons to complete onerous tasks to regain their eligibility to vote. The state of Florida does not automatically restore the right to vote regardless of the offense committed. Florida has a five to seven year waiting period for all individuals convicted of a felony. After the waiting period has been completed they must ... Get more on HelpWriting.net ...
  • 16.
  • 17. The African American Voice In the United States more than two million people are incarcerated and seven million are under correctional supervision. There are 13 million adults that have been convicted of a felony and 47 million American have something on their record. Having a felony has attained a newfound relevance in the United States (King, 2006) . In many states begin a felon come with obstacles both informal and formal in the lives of people with a felony convicted. In the midst of the growing civil right movement, the augmented by racially disparate law enforcement and corrections policies the word "felon" is commonly linked to the African American community. Having a felony conviction limited housing, employment and educational opportunities. The barriers that of begin a felon limited the accessing to opportunities that is available to the general population (King, 2006). In the Unties Sates African Americans have a higher crime rate than any racial groups (Crutchfield, Nov2007) . The bibliography will provide an overview of the felony disenfranchisement, with an emphasis silencing the African American voice. Providing details about how disenfranchisement suppressing voter turnout for the entire African American community . Third, the author will provide a description the racial impact of felony disenfranchisement. Lastly the author will provide a conclusion and a brief summary of the insights that were gained from this policy analysis paper. King, R. S. ... Get more on HelpWriting.net ...
  • 18.
  • 19. Felony Effect Cause and Effect: Having a Felony on your Criminal Record The McDonald's all American, prom king, and voted most likely to succeed. This person had it all going for the future, but one mistake changed his life forever. On a night in the summer before going into college, he was partying with friends and he had been intoxicated and smoking marijuana. The group he was with decided to get food, they were driving drunk and in a car with a small amount of marijuana, with a pungent smell they hadn't noticed because they were consumed in it. The police pulled them over and the bag was in his pockets, he then proceeded to eat the marijuana, he thought he was in the clear but the officer had noticed and he then went from most likely to succeed, to a ... Show more content on Helpwriting.net ... Having one felony could create a pattern and lead to a life of crime. For instance, if you happen to try a powerfully addictive drug such as meth, you find your life spiraling out of control and become a jailbird. You were once a responsible adult, accountable for all of your actions. Now you are looting, scamming, and lying to family members just for your next fix. Also going to prison can effectively scar you in many ways. You are all alone and it is a man for themselves mentality inside those bars. The first couple of days weren't so bad, but some weeks have passed by now some of your fellow inmates are going to test your toughness. Two inmates plan to take your lunch for a weeks on in to see if they can find a new target for some extra food. You being a first time felon, and not having the experience in prison, surrender your food thinking it will only be a one–time thing. It happens a few days, those days turn into weeks, those weeks turn into months, you've had enough. Your fellow cellmate has witnessed most of your troubles, but has not stood up for you because he was waiting for the time to make you an offer you couldn't refuse. He then tells you, "If you join my gang, you will never have to worry about anyone in here ever messing with you again, on top of that, those two will be feeding you and I until it is time for them to leave here, how does that sound"? In your mind that all sounds perfect, but going from being a high school superstar that had everything going for him to suddenly being a gang member is very surreal, so you deny the offer. He then answers, "It is now or never, I am only trying to help you, I never lend a helping hand to anyone and for you to deny it is the ultimate disrespect. You will regret that decision, as long as you are in here while suffering on a daily basis". At first you were going to deny the so called "help" but when he ... Get more on HelpWriting.net ...
  • 20.
  • 21. Criminal Laws And The Cruel Treatment Of Alleged Criminals Criminal procedures are safeguards against the indiscriminate use of criminal laws and the cruel treatment of alleged criminals. In detail, they are designed to impose the constitutional rights of criminal the defendants, starting with initial police contact and continuing through arrest, trial, investigation, sentencing, and appeals. The purpose of this essay is to discuss the difference between a misdemeanor and felony, speedy trial for misdemeanors and felonies, and the Speedy Trial Act of 1974. Difference in Misdemeanor and Felony According to Attonery.com both a misdemeanor and felonies are criminal charges however with one big difference, a misdemeanor you are in a local or county jail and a felony you are in a state or federal prison. Misdemeanors Misdemeanors offenses are punishable by substantial fines and sometimes jail time, usually less than one year. Any jail term would most likely be served in a county jail, rather than a state or federal correctional institution. Minor crimes consisting of offenses such as petty theft, which is the theft of items with little worth, normally a person can 't be arrested for a misdemeanor unless the crime was committed in front of the officer. Petty offense misdemeanors are usually held in a shortened trial, where defendants do not have the right to court–appointed lawyers if they can 't afford one. Jury trials can be available, depending upon the type of misdemeanor alleged. Misdemeanors are classified according to their ... Get more on HelpWriting.net ...
  • 22.
  • 23. Manslaughter And Involuntary Manslaughter dangerous resulting in a death of another human being. Manslaughter is the opposite of murder, manslaughter can also be described in two different ways, being either voluntary or involuntary. Voluntary manslaughter is "when the act of murder is committed in either the heat of the passion or in the defense of yourself or others" (Benish). Meaning if somebody broke into a house and had a gun, then the owner of the home could shoot the man, because he or she is defending themselves in the situation. Involuntary manslaughter is "when a killing is unintentional resulting from an unlawful misdemeanor act or a low–level felony" (Benish), such as a drunk driver wrecking a car, killing the passengers in the vehicle. Both these class "A" felonies result in death of another human being, therefore being the reason why the sentence is automatically 25 years to life. Rape also falls in the category of class A, considering it can lead to murder or manslaughter and is considered a severe felony. Rape is a type of sexual assault, either in the form of sexual intercourse or other forms of sexual penetration carried out against a person without the persons consent (Rape). Some people may argue that rape should fall more into the class "B" category, mainly because it is not as severe as murder or manslaughter because it is not resulting in a dead human being. "In the United States there is reported rape every 6.2 minutes", adding up to tens of millions of rape victims (Solnit). How many of ... Get more on HelpWriting.net ...
  • 24.
  • 25. The Murder Of William Boyd, Steven Rogers, And Andru Crowley To: Judge I. DiCidem From: 22 Re: Case Terry Vickorie, Steven Rogers, and Andru Crowley will face many charges for their involvement in the homicide of William Boyd, and their actions leading up to and after the event. The charges the boys face will be determined by what the prosecution believes they can prove to a jury, and the wording of the statutes. The prosecution will likely bring the charges of stalking, bribery, conspiracy to burglary, burglary, felony murder, and felony kidnapping. For the events leading up to William's death. The prosecution will have many options of charges to press in the death of William. This will depend on statute wording, and abundance of evidence toward each charge. First, the boys will be charged with stalking. Stalking is the repeated following and harassing of an individual. The prosecution must prove that the boys followed and harassed William. The prosecution will provide evidence that the three boys knew that William could be intimidated, and threatened him to keep quiet. The three boys continued to keep this pressure on him for an extended period of time until William intended to inform on them. In defense, it will be argued that the boys did not go out of their way to follow William, and there is not enough evidence to support a conviction on this charge. Looking at the evidence, it appears defense is accurate in stating that there is probably not enough evidence to prove stalking to a jury. The boys will most likely be found not ... Get more on HelpWriting.net ...
  • 26.
  • 27. The Time Of Ancient Greeks And Romans Back to the time of ancient Greeks and romans. The disenfranchisement for felons began throughout Europe and was referred to as the civil death. Disenfranchisement means to prevent from someone or an individual the right to vote do to their criminal history in the past with this happening in The United States it doesn't give the opportunity of ex–felons to have input on any laws that being passed. For many centuries criminals lost he many rights including their right to enter into contracts, there right to own fire arms, the right to employment in certain fields, the right to public social benefits, the right to housing, and the right to vote in the election. English colonist carried this idea with them as they came to America but the voter's disenfranchisement or felony continued through the 19th and 20th centuries for many states. During the reconstruction period the southern states began using disenfranchisement laws similar to poll taxes, literacy test, and the grandfather clauses as a way to try to minimize the black vote. General disenfranchisement that had applied to all criminals were tailored particularized crimes that were mostly committed by blacks than crimes that were committed from whites. While today felony disenfranchisement many are inherited from an underlying legacy of racist voting restrictions. The history of disenfranchisement was laid out in a fascinating study byAngela Behrens, Christopher Uggen and Jeff Manza. They found that state felony bans ... Get more on HelpWriting.net ...
  • 28.
  • 29. Essay On Three Strikes Law Three Strikes Law 1 Running head: THREE STRIKES LAW The Three Strikes Law September 24, 2013 CJ526: Unit 2 Three Strikes Law 2 Three Strikes Law The Three Strikes Law has been a subject of much debate since its introduction as a regulation in 1993. The Three Strikes law was enacted in 1994 and is widely recognized as the harshest sentencing law in the United States. "The State of Texas was the first State to enact such a law in 1974." (Laws.com) California passed its own law enacting a Three Strikes Law that mandates a sentence of 25 years to life for a third felony conviction. The reality of the Three Strikes Law will lead to a significant increase in the nation's ... Show more content on Helpwriting.net ... This law is much stricter than prior laws. At first a person convicted of two serious felonies, such as burglary of a residence and robbery, who then committed a third serious felony, such as another robbery, would only have been sentenced to seven years. The Three Strikes Law has overcrowded the prison system beyond capacity. The overcrowding has gotten to the point where courts are considering ordering the prisons to release some of the prisoners with many of these inmates not having received any rehabilitation or vocational training to prepare them for the outside world. Today, it costs about $20,000 per year to confine a young person that is physically fit, but three Strikes laws would create a huge, geriatric prison population that would be far more expensive to care for. The estimated cost of maintaining an older prisoner is three times that required for a younger prisoner. It would cost about $60,000 per year for an older prisoner. The cost might be worth it if older prisoners represented a danger to society. But experts tell us that age is the most powerful crime reducer. Most crimes are committed by men between the ages of 15 and 24. Three Strikes Law 5 Three
  • 30. ... Get more on HelpWriting.net ...
  • 31.
  • 32. Effects Of Felony Conviction Beyond the impact a felony conviction can have on you mentally and financially, it can also wreak havoc with your professional career. Here are some of the long–term ramifications a felony conviction can have on your career: You can lose your current job. Many companies have policies that call for the immediate dismissal of an employee who has been convicted of a felony. Even if your company does not have such a policy, you may lose so much time from any potential sentence or time spent fighting your conviction that the company may fire you anyway. You may not be able to complete your education. Many university applications ask you to tell them if you have been convicted of a felony. In addition, you may not be able to qualify for financial ... Get more on HelpWriting.net ...
  • 33.
  • 34. Three Strike Law Case Study On December 4, 1993, the authorities discovered the body of twelve–year–old Polly Klaas in a grave just off Highway 101. On October 1, 1993, Polly had a slumber party at her mother's house in Petaluma, CA. While the girls were playing in her bedroom, an unknown man walked in with a knife in his hands. He advised the girls not to scream, proceeded to tie up the two friends and put pillowcases over their heads and then advised the girls to count to one thousand, giving him time to exit the house with Polly. Approximately twenty minutes later the girls freed themselves and woke up Polly's mother, who then called the cops. For two months, nearly four thousand volunteers joined local and federal law enforcements, the Coast Guard and even members ... Show more content on Helpwriting.net ... The law provides for punishment of those convicted of any felony, according to the following provisions: An offender convicted of a felony who has one previous serious or violent felony conviction must be sentenced to twice the normal term. An offender convicted of a felony who has two previous serious or violent felony convictions must be sentenced to either three times the normal term, or twenty–five years to life, whichever is greater An offender convicted of a serious or violent felony, who has a previous conviction for any felony, cannot be awarded probation. Unlike prior law, similar felony conviction while the offender was sixteen or seventeen years of age may be counted as ... Get more on HelpWriting.net ...
  • 35.
  • 36. Misdemeanor and Felonies Unit 1 Individual Project Misdemeanor and Felonies By Christopher Mincey 10/12/2014 Introduction to Criminal Law (CRJS205 –1404B–01) Many people may have a lot of concerns of what may happen when they are charged for a crime and what may happen next if they are convicted. When people get arrested it is scary due to the fact of not knowing what may happen to you or what steps to take if you are convicted. You have charges that fall under two categories which are misdemeanor or felony. With both of these categories there may be time that an individual may have to serve behind bars or there may be different ... Show more content on Helpwriting.net ... But looking at all the evidence that has been presented and my research I think that Ms. Singh will be ok. She was felt upon and placed in jail possibly for expressing her feeling. Not only going into the situation a little deeper, her boyfriend had to be placed under arrest for assault so with two testimonies of the situation that transpired that night. The judge could have sympathy for Ms. Singh and let her off with a warning or just pay a fine. So sometimes the law could work out to your benefit only if you are truthful and have integrity. References The Difference Between Misdemeanors and Felonies. (2014, January 1). Retrieved October 13, 2014. What are the Differences Between Felonies and Misdemeanors? (n.d.). Retrieved October 13, 2014. Zander, S., & Gale, J. (2014, September 14). What Are the Most Common Types of Misdemeanor Cases? Retrieved October 13, 2014. 20 Most Common Felony Crimes in the U.S. (2012, January 4). Retrieved October 13, 2014. CRIME AND PUNISHMENT CHART. (n.d.). Retrieved October 13, 2014. Disturbing the Peace – FindLaw. (n.d.). Retrieved October 13, ... Get more on HelpWriting.net ...
  • 37.
  • 38. Pros And Cons Of Mandatory Sentencing Mandatory sentencing is another form of structured sentencing, deserves special mention. Mandatory sentencing is just what its name implies: A structured sentencing scheme that man–dates clearly enumerated punishments for specific offenses or for habitual offenders convicted of a series of crimes. Mandatory sentencing, because it is truly mandatory, differs from presumptive sentencing, which allows at least a limited amount of judicial discretion within ranges established by published guidelines. The difference between indeterminate sentencing and mandatory sentencing is that mandatory sentencing does not give a judge the option to adjust a sentence based on the facts of the case and the defendants sentencing it allows a judge the discretion to manage the sentence based on the facts that were provided to them. Mandatory sentencing was originally created through the Boggs Act of 1951.Mandatory sentencing was basically created to make sure judges did not give out light sentencing, based on them feeling sorry for the person that was accused. 2. The act also addressed the issue of truth in sentencing, described as "a close correspondence between the sentence imposed upon those sent to prison release." Under the old federal system, on average, good time credits and parole reduced time served to about one third of the actual sentence. The emphasis on truth in sentencing created, in effect, a sentencing environment of "what you get is what you serve." Truth in sentencing has ... Get more on HelpWriting.net ...
  • 39.
  • 40. California's Three-Strike Law The Three–Strikes Law has three different components. Just like marriage, driving, and educational laws the Three–Strikes law has its own version in every state. Unfortunately California's Three– Strikes law is causing the most controversy. The three parts in California's law are the defendant's record of prior convictions, the current charge and the minimum punishment the defendant is facing. A man or woman has to be convicted of two felonies and charged with another one before the Three–Strikes law can come into play. Dictionary.com defines a felony as "an offense, as murder or burglary, of graver character than those called misdemeanors, especially those commonly punished in the U.S. by imprisonment for more than a year" (Brauchli). The first strike that someone has on their record has to be from a serious or violent crime. Some of the controversy derives from what the law considers a serious offense. The second strike happens when there was a prior conviction that was a violent or serious crime. When a suspect is facing his or her second strike the required time is doubled. For example, if the court gave someone seven years for a felony, they would receive fourteen years. When a person receives their third strike on their record with any felony conviction their time jumps up to twenty–five to life. The offender can not receive parole until eighty percent or twenty years of their time is served (Brauchli). A considerable amount of people have received a twenty–five to ... Get more on HelpWriting.net ...
  • 41.
  • 42. Statute Of Limitations In Criminal Law Across the United States, many criminal courts have created a rule known as statute of limitations. Statute of limitations sets forth a time limit to raising a legal issue in order to not only maintain the integrity of evidence gathered for the trial, but to also protect people from being harassed about a crime that was never tried a long time ago. In order to begin a criminal case within statute of limitations, a prosecutor must bring forth formal charges against a defendant within a specific amount of time after a crime is first discovered by law enforcement. The amount of time that a prosecutor can file criminal charges against a defendant depends on the crime's classification under the federal or state criminal code. Because of the different classifications of crimes in criminal codes, there are several forms of time limitations that prosecutors should know before deciding to file criminal charges against a defendant. The first type of offense is known as an infraction. In the criminal code, infractions are crimes that carry a punishment of paying a fine ("Felonies, Misdemeanors and Infractions: The Differences", n.d.). Once law enforcement discovers this type of offense, the prosecutor is given exactly six months to file charges against the defendant ("Time Limits for Charges: State Criminal Statutes of Limitations", n.d.). Some examples of infractions can include citations for parking violations, running a red light, and speeding. The next type of offense is known as ... Get more on HelpWriting.net ...
  • 43.
  • 44. Literature Review : Law On The Books ' Literature Review "Law on the Books" Repeat offenders are perhaps the most difficult offender population for the system to handle, and "protecting communities from these offenders may be the most emotionally and politically charged challenge for the criminal justice system" (Dickey & Hollenhorst, 1999). Though most states had statues targeting career criminals, policy makers and the public continued to push for harsher punishments for repeat offenders during the twentieth century (Brown & Jolivette, 2005). As a result, strict sentencing laws were enforced, such as, three strikes, that required a person convicted of a felony, that had a previous conviction of one or more felonies to receive a sentence enhancement (Brown & Jolivette, 2005). Supporters of three strikes legislation claimed that these laws could be utilized as a tool to control the crime problem, and was the only way to keep violent repeat offenders off of the streets (Brown & Jolivette, 2005). Essentially, three strikes laws were implemented as a means to effect crime in two ways. First, as a means of incapacitation, by extending sentences to remove repeat offenders from society for long periods of time to restrict their ability to commit crime (Dickey & Hollenhorst, 1999). Second, as a means of deterrence, by threatening longer sentences that would dissuade offenders from engaging in new crimes (Brown & Jolivette, 2005). Three strikes laws became widespread in 1993 when Washington became the first state to ... Get more on HelpWriting.net ...
  • 45.
  • 46. Three Strikes And Youre Out Law Essay Three Strikes You're Out Law We have all heard of the newest anti–crime law, the "Three strikes and you're out" law. It wasn't easy getting this law from the bill stage in Sacramento to the law stage, because it is not a criminal friendly law. Meaning that this law's purpose is to bring pain, suffering, and intimidation to criminals. Our state government was basically ran by the Assembly Speaker Willie Brown, now mayor of San Francisco. Brown had the power to choose who sat on what committee in the house, and using this he could terminate any bill he did not agree with. And with this attitude it took a lot of patients and perseverance by the people trying to pass this bill. But how did the bill become a bill? I ... Show more content on Helpwriting.net ... The men did some research and drew up some ideas. Their final legislative proposal was as follows: Double the sentence for a conviction of any felony if there is a previous serious or violent felony conviction. Triple the sentence or twenty–five years to life, whichever is greater, for any combination of two prior violent or serious felony convictions coupled with any new felony. Probation, a suspended sentence, or a commitment to a diversion program as a substitute for serving time in prison is prohibited for felons with at least one prior conviction of a serious or violent felony. Any felon with at least one prior serious or violent felony conviction must serve any subsequent felony sentence in a state prison (as opposed to a county jail). Terms are to be served consecutively, rather than concurrently. Maximum allowable time off for good behavior is reduced to 20 percent. Juvenile convictions for serious of violent felonies count as prior convictions if the felony was committed when the juvenile was sixteen or seventeen years old. When a defendant has at least one prior conviction for a serious or violent felony, the district attorney is required to plead and prove all known prior felony convictions. Prior felony convictions cannot be used as part of a plea–bargain. Now that Mike had the proposal he had Bill Jones submit it to ... Get more on HelpWriting.net ...
  • 47.
  • 48. Felonies : Crime And Crimes Felonies are considered to be the most serious class of offense in the U.S. They are typically separated into distinct classes to ensure that repeat offenders receive more severe punishments as compared to those who are first–time offenders. Felonies are punishable by a fine, imprisonment of more than one year or both. Approximately 6.1 million Americans cannot vote because of felony disenfranchisement. 2.2 million people are in prison and jail. Nearly 469,545 people were incarcerated in 2015 for drug offenses. Even during times when crime rates have declined in the country, the number of individuals being sentence for property and violent crimes continues to increase. Types of Felonies Felonies are classified into three categories: 1) infarctions 2) misdemeanors and 3) felonies Of these, felonies are the most serious. The types of crime that are usually considered to be a felony include arson, burglary, aggravated assault, drug related crimes, domestic violence, DUI, manslaughter, rape, murder, fraud, theft, robbery and vandalism. Anyone convicted of a felony is described as a felon. The length of punishment varies according to the type of felony. However, both the Federal Government and most States classify felonies as crimes that carry incarceration for a minimum of 12 months. For felonies like murder, the punishment may be a death penalty. In general felonies are divided into two broad categories – crimes against property and crimes against people. Crimes ... Get more on HelpWriting.net ...
  • 49.
  • 50. Pros And Cons Of Burglary is fenced in, any other structure inside the fence is considered an extension of the dwelling, even if those buildings are not used as living quarters. If there is, for example, a farmhouse, a barn, and a tool shed that all sit within one large fence, the barn and the tool shed are considered part of the dwelling even though they are not used as living quarters and, if a defendant breaks and enters into the barn or the tool shed with the intent of committing a felony, he can be convicted of burglary. Also please note that if a defendant enters a dwelling without breaking, but, once inside, breaks into a closed part of the dwelling, he can be convicted of burglary. However, the part of the building that he breaks into must actually be a part ... Show more content on Helpwriting.net ... In such cases, one party's breaking and entering into the other party's living space at night with the intent of committing a felony will constitute burglary. Many jurisdictions have also eliminated the element of "dwelling" from the burglary definition and consider burglary the entering onto any premises with the intent to commit a felony therein. As we have said, the breaking and entering must be done at night in order to qualify as burglary. However, the breaking and entering do not have to be done on the same night. That is to say, the defendant can create the opening in the dwelling on one night and then use that opening to gain entry on another night. Please remember, however, that, as we said before, there must be a causal relationship between the breaking and entering so that, even though the breaking and entering can occur on different nights, the breaking must be the means that the defendant uses to gain access to the dwelling. Many jurisdictions have also eliminated the element of "night" from the burglary definition and consider burglary the entering onto any premises at any time with the intent to commit a felony ... Get more on HelpWriting.net ...
  • 51.
  • 52. Felon Disenfranchisement Is The Loss Of The Right Of Vote... Felon disenfranchisement is the loss of the right to vote for people who have committed felonies. When researching deeper into felon disenfranchisement, there is an underlying racial factor that consistently comes up. Some say disenfranchisement of felons is racially oppressive and a threat to democracy, while some argue that it's functional and that race has no relevance. To start this paper I will give a brief background on felon disenfranchisement in relation to race. I will examine and analyze those who believe that "yes," disenfranchisement of felons is heavily rooted in racial persecution. I will then examine and analyze those who say "no", felon disenfranchisement is necessary and has no racial impact. After copious amounts of research, I have come to agree with the "yes" side, because their facts are more persuasive and their use of history is in depth, and as a whole this side delivered a well rounded argument. In the United States, disenfranchisement laws vary on a state level, but fall under these four main categories– never lose the right to vote, lost only while incarcerated (automatic restoration upon release), lost until completion of sentence including parole and probation, and restoration only by application and Governor's or court action. There are approximately 6.1 million disenfranchised Americans, 2.2 million of these people are African Americans, essentially one in thirteen of all African Americans nationally. In four states, the numbers increase to ... Get more on HelpWriting.net ...
  • 53.
  • 54. Felony Disenfranchisement Should Felons be Allowed to Vote? 1 In this essay, I will be in support of felons having their voting rights restored after serving their prison sentences and completing all terms and conditions of probation or parole successfully. My reasons for supporting the restoration of felons' voting rights are because voting is a "right" under the Constitution of the United States. After a person serves their prison sentence; some ex–felons have the ability to be and remain rehabilitated and live productive lives. Also, the laws are changing making it easier to be charged as a felon. Most of the people that are against felons voting claim that they make bad judgments because they do not abide ... Show more content on Helpwriting.net ... In those twenty states people who are in prison, on parole, and on probation cannot Should Felons be Allowed to Vote? 3 vote. Four states, California, Colorado, Connecticut, and New York, do not allow prisoners and parolees to vote, but people with any criminal past, even those on probation, can vote. Thirteen states, District of Columbia, Hawaii, Illinois, Indiana, Massachusetts, Michigan, Montana, New Hampshire, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, and Utah, only disenfranchise felons while they are in prison. Everyone else, including felons, parolees, and those on probation are allowed to vote. In two states, New Hampshire and Maine, everyone has a right to vote, including prisoners. There are eleven states, Alabama, Arizona, Delaware, Florida, Iowa, Kentucky, Mississippi, Nevada, Tennessee, Virginia, and Wyoming, which make it exceedingly difficult, if not impossible, for some felons to regain their right to vote. Most of these states do not allow criminals who committed serious felonies such as rape, murder, and kidnapping to vote without an action by the Board of Parole or the governor of the ... Get more on HelpWriting.net ...
  • 55.
  • 56. Should Felonies Be Allowed To Vote Essay One of the most controversial issues in society today is whether or not convicted felonies should be allowed to vote. According to the law , Voting is entitled to everyone once he or she have reached the age of 18, but what happens if he or she breaks the law? Do felonies still have the right to vote for upcoming candidates, or once the law has been demolished has their right to vote been abandon? The United States is one of the strictest nations when it comes to rejecting the right to vote to felonies who have been accused of serious crimes. Thousands of Americans are not allowed to vote because of what they call "felon disenfranchisement," which is referring to those people who are banned from voting due to a conviction of a criminal offense usually restricted from serious of crimes (Teen Nick). Felonies who have completed their time or who still is serving time when their debt is paid it is important to bring their rights back and allow them to vote again. While many argue whether felonies should or should not have the right to vote, Felonies who are given ... Show more content on Helpwriting.net ... Felonies showed poor judgment and added to ex–felon ballots that will make many individuals not comfortable at an election. The election of a chief or president can be considered as being a problem when it allows careless felonies the right to vote. Some people say there should be a minimum that felonies should be allowed their rights stored and others believe that felonies that committed such serious crimes should not be allowed to vote. Shaw gave several reasons why felonies should not be allowed to vote. First, he stated that felonies should not be allowed to vote because there are multiple of consequences that they face that violate the rights of others. Second, he stated that they portray dishonesty and become irresponsible by committing horrible crimes ... Get more on HelpWriting.net ...
  • 57.
  • 58. Limitations Of Law Enforcement In the United States of America, the work of law enforcement is hit hard with various polices and limitations that can be good for the accused criminal, but bad for the each of the citizens in the surrounding community that was affected by the accused perpetrator. Even though there are lot of limitations on how law enforcement does their work on a daily basis, there are two main limitations in criminal law that stand out amongst the rest. These two concepts of criminal law that affect the day to day operations of the law enforcement profession are known as statute of limitations and ex post facto laws. Each of the factors associated with these two concepts severely impact the work of law enforcement in some way shape or form. The first concept that impacts the work of law enforcement is ex post facto laws. Ex post facto is Latin for "after the fact" and is used to describe regulations that criminalize a certain type of conduct that was legal when the conduct was originally performed ("Ex Post Facto," 2007). Because of the United States Constitution, these actions are prohibited from being used by the government. The main reason why this protection is in effect in order to avoid having the government spontaneously create laws just because they deem that the action was wrong in their opinion. An example of this can be seen in a situation where a person hugs a friend and the government spontaneously creates a law that hugging a friend is punishable under law, police officers ... Get more on HelpWriting.net ...
  • 59.
  • 60. Felony Recidivism A Felony, But For What? Recidivism is when a person has relapsed into criminal behavior, it usually occurs after the person receives sanctions or goes through intervention for a previous crime. It is measured by acts of crime that result in rearrest, reconviction, or return to prison with or without a new sentence during a three year window following the prisoner's release (Durose). A felony is any crime punishable by more than one year in prison or death ("Felony."). Whenever the term "convicted felon" appears in text on an application, for example, a red flag is raised immediately. Although the term "convicted felon" results in automatic negative judgement, it is unfair that each person with a felony on record be treated the exact same ... Show more content on Helpwriting.net ... A convicted felon cannot be identified by a felon. Each one deserves to have their case looked into when trying to get a place to live, a job to support themselves, or just to simply live as human being. Landlords should be required to look into the case instead of assuming the worst when they see the word "felony," most likely thinking, "this person is a murderer or a thief." Same thing applies to employers when reviewing a convicted felon's application. Why do people immediately assume the worst or make judgements only on what is directly handed to them? There is a major difference between a felon who committed murder or attempted murder and someone who did graffitti too many times or was in possession of a little too much marijuana. Law requirements for reviewing these kinds of applications need to be readdressed. If not, these individuals will only revert back into a negative lifestyle and become a statistic, a statistic that could be avoided all together. When someone's options are so limited and there are only a couple paths ahead of them, they are forced into what they are expected to do. How can we expect someone to get back on their feet when the majority of those around them keep pushing them back down? It's discouraging to those who have done their time and are forced to continue paying for what they've done. Surely everyone has been given a second chance at some point in their life, why not them? If they fail again it's understandable to take away that chance, but they are only set up for failure again without that ... Get more on HelpWriting.net ...
  • 61.
  • 62. Pros And Cons Of Felony Disenfranchisement eligible for public assistance and it is more likely that a person will return to prison once they have already been. Forty–eight states and the District of Columbia deny prisoners the right to vote. Felony disenfranchisement policies have a disproportionate impact on communities of color. Black Americans of voting age are more than four times more likely to lose their voting rights than the rest of the adult population, with one of every 13 black adults disenfranchised nationally. In total, 2.2 million black citizens are banned from voting. In 2007 more black men were disenfranchised than in 1870, the year the Fifteenth Amendment was ratified prohibiting laws that explicitly deny the right to vote on the basis of race. When someone has been convicted of a felony they lose their right to vote. Voting is one of our most important rights, as it grants us the ability to induce change, by taking away a person's right to vote, they are no longer able to participate and political changes that may very well affect them. Country's Greatest Impediment to Minority Political Participation While felon disenfranchisement has been a longstanding practice in many states, in recent decades, there has been a dramatic increase in the number of citizens disqualified from voting because of it. Since 1976, the number has climbed from roughly 1.2 million to approximately 6.1 million. Nationwide, nearly one in seven black men are either temporarily or permanently disenfranchised as a ... Get more on HelpWriting.net ...
  • 63.
  • 64. The Pros And Uses Of Identity Theft According to Reyns (2013), Identity theft is a term used to categorize several offenses involving the fraudulent use of an individual's personal information for criminal purposes without their consent. Someone has decided to hijack someone's personal identification information and caused not only financial damage but also impacted the victim's reputation. In order to seek justice, a Forensic Accountant can be utilized to help with recovering the damage caused by identity theft and the steps taken to make the victim whole again while seeking civil and criminal justice. Identity theft is an increasing epidemic . Some of the ways a person can commit identity theft would be using someone's person identification information for financial benefit. Some the ways a perpetrator can do this is by using another individual's personal information such as date of birth, driver license number, social security number, etc. Essentially, there are different type's identity crimes such as financial, medical, child and synthetic identity theft. (VanderPal, 2015) Fraudsters have turned to many different methods to obtain personal information such as social engineering. Social engineering attacks are multifaceted and include physical, social and technical aspects, which are used in different stages of the actual attack.( Krombhol, Hobel, Huber, & Weippl, 2015) For example, a perpetrator can obtain personal information by stealing an individual's mail, or sending fictitious emails posing ... Get more on HelpWriting.net ...
  • 65.
  • 66. The Concept Of Career Criminals Introduction The concept of career criminals varies depending on your interpretation. The United States Sentencing Commission defines a career criminal as "if (1) the defendant was at least eighteen years old at the time the defendant committed the instant offense of conviction; (2) the instant offense of conviction is a felony that is either a crime of violence or a controlled substance offense; and (3) the defendant has at least two prior felony convictions of either a crime of violence or a controlled substance offense." (U.S. Sentencing Commission, 2011) Along side this definition, there are are laws in place specifically for career criminals, or repeat offenders. Laws like The Armed Career Criminal Act of 1984 (ACCA) which, at its core, is a federalized version of the Three Strike Rule. The ACCA differs from the three strike law in that it was drafted mainly for criminals who commit crimes involving the use of firearms. The law mandates a minimum sentence of fifteen years after the third conviction for felons of violent felonies or drug offense. The seriousness of previous convictions is not taken into account when giving a third sentencing however. For instance, if a felon was convicted, three times, for possession of illegal substance but, for his fourth arrest, is convicted of possessing an illegal firearm, will have to serve a minimum of fifteen years based on the ACCA. Because of this, people ridicule the law for being too harsh on criminals. This paper ... Get more on HelpWriting.net ...
  • 67.
  • 68. The Pros And Cons Of Limition Of Crimes In the United States, many courts have created a rule known as statute of limitations. This rule establishes specific guidelines to determine how long a person has to bring forth a case against someone. In criminal law, the prosecutor is normally the one who is required to bring forth formal charges against a defendant within a specific amount of time after a crime is first discovered by law enforcement. Because of the different classifications of crimes in the criminal codes, there are various time limitations that prosecutors must be aware of when deciding to file charges against a defendant. The first type of crime is known as petty offenses. Petty offenses are described in the criminal code as crimes that inflict punishments ranging from fines to a short jail term of up to no more than six months ("Petty Offense", n.d.). Some examples of petty offenses can include failing to appear for court, and traffic citations. Once this type of offense has been discovered by law enforcement, the prosecutor will be given six months to file charges against the defendant ("Time Limits for Charges: State Criminal Statutes of Limitations", n.d.). Since petty offense convictions come with fines of no more than $5,000 and/or six months or less behind bars, most courts do not hold actual jury trials to prosecute these offenses ("Felonies, Misdemeanors and Infractions: The Differences", n.d.). Furthermore, because the consequences seem very minimal, most people end up deciding to serve the ... Get more on HelpWriting.net ...
  • 69.
  • 70. The Greatest Crime Bill Clinton Essay According to President Bill Clinton, "We have a chance to pass the toughest, the smartest crime bill in the history of the United States," and this was the California residents ' belief at the time the Three Strikes and you're out law took effect in 1994.The purpose of the Three Strikes Law is to punish habitual offenders upon receiving their third conviction of any felony. Initially, if an individual receives a serious or violent felony conviction, this is a first strike; subsequently, the second serious or violent felony charge is a second strike and the individual will serve double the time originally assessed for the first felony. Finally, upon the third felony conviction an individual receives a minimum sentence of twenty five to life in prison. Even though twenty–three states, including the federal government, several politicians such as, Senator Bob Dole, and President Bill Clinton supported the passage of the Three Strikes Law. Undoubtedly, the Three Strikes bandwagon happened during a time in society when fear of crime was at its peak; as a result, law enforcement and other government officials went to the extreme in promising citizens to end habitual crime. Therefore, if the Three Strikes Law is to be a fair and impartial punishment for all criminals' committing serious and violent crimes; then the crime committed must fit the consequences. Thus, is it fair to condemn a man who has two previous serious felonies for stealing a one dollar item on his third offense, ... Get more on HelpWriting.net ...
  • 71.
  • 72. The Use Of Felon And The Laws Impose On Felony Act One cannot discuss this topic without given the definition of felon and the laws impose on felony act. Who is a felon? A felon is someone who has been convicted of serious or violence crimes, such as murder, rape, robbery, and burglary and as a result is punishable more than one year. The constitution of U.S.A from the voting act prevents someone who has been convicted of felony to participate in an election; however this enactment is as a result of racial politics (Preuhs R.R). According to Robert this policy disproportionately affect minority population on blacks and Latino citizens, and this article is supported with enough evidence that would convince any reader. This article basically talks about how the minority population of ... Show more content on Helpwriting.net ... According to Preuhs he said that felon disenfranchisement has remained one of the few legal means through which a state can directly ban the electoral participation of its citizen. The article mainly focused it finding on the size of minority population, parity in incarceration rate, the degree of legislative professionalism became the author's purpose.(Preuh,.R.R.) First and foremost to support the author's ideas that felon disenfranchisement is enacted to exclude black and Latino citizens from election as the article statistically highlighted the whole nation with the percentage of blacks or Latino citizens with whites and the general population, on the national level, 36 percent of the disenfranchisement population is black, compared to 12 percent of the general population(Fellner and Mauer 1998:1) that is number of blacks is higher than the general population and the white as well. The above statistics can be supported that 13 percent of adult male African American are disenfranchised from voting but only 2 percent of the Adult population as a whole (Fellner and Manuel 1998:2) and lastly more than 25 percent of adult black men are permanently disenfranchised in Alabama, Iowa, Mississippi, New Mexico, Washington and Wyoming(Fellner and Manuel) and in order to incorporate it with the Latino citizens ... Get more on HelpWriting.net ...
  • 73.
  • 74. Sexting Child Pornography Some people believe that sexting should not be criminalized or treated as "distribution of child pornography". After researching, sexting has seemed less and less harmful. Sexting is seen as an act or discretion only done by kids, but that isn't always the case, so why have the same punishment for an adult as you would have for a minor, when minors are not given the same rights as adults. The sentencing for sexting or "distribution of child pornography" should become circumstantial. Sexting is not always harmful and should be seen as the act of a criminal. Sexting among teens should not be criminalized. Current child pornography laws are designed to protect children, but when applied to sexting and teens, it subjects youths to potential felony charges, which can ruin their lives by labeling them as sex offenders and confusing them with adults convicted of heinous sex crimes against minors. (American Civil Liberties Unions). As a child or an adult, being labeled as a sex offender can ruin the person's life and can limit them on many things later in life. Sex offenders have certain guidelines that they have to follow such as; a sex offender can not live near any school and a sex offender must register each year as a sex offender, they can not join any form of military, and before moving into any neighborhood they must go to each person's house and notify the person that they are a state registered sex offender.Existing criminal laws, that carry the potential for a felony conviction and sex offender restrictions, are not meant to address teen sexting. Under the existing laws and their extensive punitive effects, these teens will be stripped of a future as their education and work prospects will be bleak. Teens should become exempt from these charges or misdemeanors, on the bases that they are only kids and still minors. Teens should be educated about responsible behavior when it comes to media. There should be punishment for any picture sent without consent, for instance any pornographic or any form of sexting picture randomly sent without the receiving person wanting or giving consent should be met with a punishment, but still not a punishment that will follow them for the rest of their life. In ... Get more on HelpWriting.net ...
  • 75.
  • 76. Should Felons Be A Crime? People who are felons have their rights and freedom taken away forever because they make a mistake in life. How is that fair? Think about this for a minute; if a person gets a trafficking charge or three DUI's within five years, that person now has a felony record and is labeled a felon. As punishment the now felon are sentenced to prison for a time declared by a judge and on parole for some time. Though the time has been served a felon is still at large. One non–violent crime stays on your record forever? Some believe that just because a person committed a crime that all civil rights should be taken away. Why? The "felon" label, along with the negative social and legal implications that accompany it, is essentially blind to the severity of the underlying crime. The convicted felon definition, the individuals that comprise this particular class include all social economic, racial, ethic, and gender categorizations. Although the term felony commonly refers to serious crimes punishable by imprisonment for at least a year, or by death, it may include minor crimes (Saxonhouse, 2004). The convicted felons classification can be divided into two subcategories: Current felons– those who are currently incarcerated, on probation, or on parole; and ex–felons– those who have completed their sentences and are no longer under control of the criminal justice system. Both violent and non–violent felons are measured equivalents within the current and ex– felon groups (McGuire, 2014). ... Get more on HelpWriting.net ...
  • 77.
  • 78. Essay about Hr Hiring Felons Survey Employer Surveys Regarding Employment of People with Criminal Histories In 2009, twelve employment specialists from the Johnson & Johnson–Dartmouth Community Mental Health Program were nominated, because of their excellent job performance, to participate in a project designed to learn how to assist people who have both criminal histories and serious mental illness. The employment specialists conducted employer surveys in their home states and then met with members of the Dartmouth IPS team to discuss the results of the surveys. This report represents 128 surveys. Employment specialists who participated in this project: Janet Dickerson Washington D.C. Tim Dunn Amelia, Ohio Crystal Ganat Stamford, Connecticut Kevin Kearns Burlington, ... Show more content on Helpwriting.net ... tore (12) Community Action Group (15), Community Service Agency (400) Construction/Carpentry Contractor (3), Construction (6), Cabinet Maker (25) Construction Supplier (5,000) Daycare (1), Kids Club (15), Daycare (29), Daycare (125) Delivery (55) Facilities Management (27) Farm (25) Fast Food (12), Fast Food (24), Fast Food (35+) Fencing School (4) Financial Services (10) Flower Shop (5), Flower Shop (8) Food Delivery–nonprofit (10) Food Service (6), Food Service (70–80), Food Service (110) Furniture Store (3), Furniture Store (5), Furniture and Appliance Retail/Rental (8), Furniture Store (10) Gas Station (14) Gift Shop (10), Gift Shop (19) Convenience/Grocery Store (6), Grocery (25), Grocery (29), Grocery (30+), Grocery (200), Grocery (225), Grocery Store (?) Guitar/Music Store (3) Hair Salon (18) Hotel (40), Hotel (300) Housing Development and Management Corporation (65) Insurance (254) Dartmouth Psychiatric Research Center–Expert Employment Specialist Group 3/10 3 Internet Marketing (212) Irrigational Pump Services (35) Logistics Services (200) Mailing Store (2) Manufacturing (100), Manufacturing (120), Manufacturing – welding (161), Manufacturing – soap (175), Manufacturing (194), Manufacturing– factory (240) Mattress Store (7) Meat Packaging (12) Medical/Healthcare (30), Medical (over 1,000), Motorcycle Retail (8) Movie Theatre (80) Newspaper (174) Party Rental Store (22) Pet Store (10) Pet Grooming (2) Pharmacy (20) Recording Studio–multimedia (6) ... Get more on HelpWriting.net ...