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Cj 110 - What Are the Four Modern Sentencing Options? Under What Circumstances Might Each Be Appropriate, for Example?

Autor:   •  February 28, 2018  •  984 Words (4 Pages)  •  626 Views

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the community and all parties. The goal of Rehabilitation is to “ attempt to reform a criminal offender” (Schmalleger P.268). I believe that the type of crimes that should be under restoration are Prostitution, Issuing a bad check and misdemeanor crimes that don’t have the outcome of a felony. For rehabilitation, I believe the type of offenses that should give for any crimes where there is an abuse of any substance, also if alcohol is part of the offense, behavior crimes for example if a crime is committed due to violence.

4. Describe the evolution of victims’ rights and the role the victim can play in criminal justice proceedings today.

The evolution of victim’s rights is something that has evolved into something very positive towards the victim. A long time ago the victim was not allowed to testify or sit in the trial of the offender. Any damage that would be the outcome of the crime, medical or personal, would fall under the victim, and no compensation would be given to them. As time passed, the lawmakers started to realize that victim deserves certain rights and services. Today victims receive compensation for medical expenses, property damage, time from work and counseling costs. Also, victims can testify and be able to sit down while their aggressor is on trial.

5. Analyze and discuss the key issues that distinguished Furman v. Georgia from Gregg v. Georgia.

Some of the keys issues that distinguished both cases was if the capital punishment was a violation of the Eight Amendment. The case Furman v. Georgia was the case that the state decided that the death sentence was a cruel and unusual punishment and that it was violating the Eight Amendment which says “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”(LII). Furman case was the first instance that fought the capital punishment and won. The case of Gregg v. Georgia was different in the sense that Gregg murder two men while committing robbery. At the end of the trial, the jury found him guilty, and the judge recommends for his sentence to be life in prison or capital punishment. Gregg tried to fight the capital punishment that was issued by the jury. He claimed that as the case Furman v. Georgia that the capital punishment was a cruel and unusual punishment. The court stated that “ Court held that a punishment of death did not violate the Eighth and Fourteenth Amendments under all circumstances. In extreme criminal cases, such as when a defendant has been convicted of deliberately killing another, the careful and judicious use of the death penalty may be appropriate if carefully employed”(Gregg v. Georgia).

References

Schmalleger, F (2016) Criminal Justice A Brief Introduction

NOLO.com (2016) Sentencing Alternatives: Prison, Probation, Fines, and Community Service, from http://www.nolo.com/legal-encyclopedia/sentencing-alternatives-prison-probation-fines-30294.html

Find Law (2016) Types of Sentences, from http://criminal.findlaw.com/criminal-procedure/types-of-sentences.html

Legal Information Institute (n.d) U.S. Constitution: Eighth Amendment, from https://www.law.cornell.edu/constitution/eighth_amendment

Gregg v. Georgia. (n.d.). Oyez. Retrieved September 25, 2016, from https://www.oyez.org/cases/1975/74-6257

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