american criminal courts law

Project Description:

in a 3/4 page essay, please answer the following question: does split sentencing help to deter future criminal behavior? please use the apa format.

please post your response no later than 11:59 pm thursday, may 28, 2015.
please dont use anyting from google or copy paste from bokk

the following lesson/review is from criminal courts: structure, process, and issues
(chapter 10 - judicial sentencing options, sentencing disparities, and appeals):

1. what is the death penalty? a sentence of death due to criminal activity.

2. what is incarceration? a sentence that involves a jail term; time served in jail/prison.

3. what is probation? sentences in which offenders are allowed to remain in the community and keep ties with family, and employers. the punishments used most often are incarceration and probation.

4. how do judges use ‘shock’ in sentencing? shock probation and shock parole refer to planned sentences whereby judges order offenders imprisoned for statutory incarceration periods related to their conviction offenses.

5. what is split sentencing? split sentences are combination sentences imposed by judges, a portion of which includes incarceration and a portion which includes probation.

question: does split sentencing help to deter future criminal behavior?

6. what are some of the sentencing disparities? gender-2008 93% of federal and state prisoners were males; male incarceration rates were 15% higher for males than females; indicating sex disparities in sentencing. but there may be legitimate reasons as to why there are more men in prison than women. men often commit more serious offenses than women in which incarceration is warranted. race/ethnicity- in an investigation of sentencing disparities among 685 white and black women in alabama from 1929-1985 whites who killed blacks were more likely to have light sentences 1-5 years, compared to blacks who killed whites

6. when are death penalties imposed? for capital crimes. from 1972-1976 there was a moratorium on the death penalty in the united states. currently there are approximately 11 states that do not impose the death penalty including new york.

7. how do aggravating and mitigating circumstances impact sentencing? aggravating circumstances are those factors which intensify the severity of the punishment. mitigating circumstances lessen the severity of the punishment.

8. why are appeals important? appeals are used to correct a wrong that has been committed such as errors committed by the court, police, or prosecution which may have impacted the trial outcome. in addition, an appeal is used to render judgment about issues which will influence future cases. all death sentences are automatically appealed. notice of appeal p. 250-written statement of the appellant’s intent to file an appeal with a higher court.

9. describe the execution process. it can take anywhere from 10 to 11 years to execute someone due to the lengthy appeals process. one reason is because inmates are allowed to file new petitions in either the state or federal courts under a variety of theories.

10. what is the most frequently used type of appeal? habeus corpus. there is no limit to the number of issues that may be brought up by inmates and their attorneys.

11. why are oral arguments important? during the appeals process in most criminal cases the defense attorney presents the case for the defense and the da or state prosecutor will present the government’s position.

12. what is a wrongful conviction? there is no conclusive data available to dispute a matter so therefore, unfortunately innocent people may be convicted of serious crimes. circumstantial evidence-based on inference; not conclusive-can implicate a defendant and make him/her look guilty.

13. what is a pardon? a pardon is an unconditional release from prison. if found to be wrongfully convicted of a crime, the president or a governor can grant a pardon.
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