One girl was sentenced to 25 years in a mental institution, while the other was given 40 years. Either rich or poor wear the same uniform. Although the goal of these laws may have initially been to punish the most serious offenses, they have been applied for laws that are not serious or violent over the past 20 years. Schools that use uniforms argue that they: Some argue that the cons of school uniforms outweigh the pros. Having a dress code at school promotes a more positive educational environment. School uniforms emphasize the socio-economic divisions they are supposed to eliminate. School uniforms restrict students freedom of expression. From data released in 2016, the OJJDP reports that known juvenile offenders were involved in approximately 700 murders in the United States. This form of sentencing has both pros and cons that should be carefully weighed by all parties involved. We must remember that children and adults think differently, so trying to place adult responses on youth is not always appropriate. It creates a lifetime of effects for the child in question. By understanding the nuances of the debate, you can make an informed opinion on the matter and help to shape the future of criminal justice. They protect society for longer time periods. In indeterminate sentencing, the release date calculation is up to the state parole board to review the case and determine the appropriate release date. When looking at the racial demographics of the county (which is where Seattle is located), only 6.2% of the population is African-American. They help eliminate personal bias. Because the individual is being treated as an adult in the situation, some jurisdictions limit how victims can civilly pursue for damages that they may have suffered in that situation. By clicking Subscribe, I agree to the WebMD, Smart Grocery Shopping When You Have Diabetes, Surprising Things You Didn't Know About Dogs and Cats, Smoking Pot Every Day Linked to Heart Risks, Artificial Sweetener Linked to Heart Risks, FDA Authorizes First At-Home Test for COVID and Flu, New Book: Take Control of Your Heart Disease Risk, MINOCA: The Heart Attack You Didnt See Coming, Health News and Information, Delivered to Your Inbox. Finding the right balance is not always a perfect, pleasant process, but it is essential to maintain the safety of society. She asked her 9-year-old son for some change, since the transaction occurred at her home. Identity: Uniform helps the workers bring a sense of identity within the company and the organization. In 2006, the bodies of Marc and Debra Richardson, along with their 8-year-old son, were discovered in their home by an even younger boy who saw them through the window. When children wear a similar uniform daily, they will have a similar identity and they won't compete over who wears expensive or fashionable clothes. For such kind of sentencing to be given, many factors are taken into account, rather than the crime alone. Sentencing used to be in the hands of a jury or judge, but with mandatory sentencing, a guilty verdict would mean that prosecutors are given more control of the sentence the offenders would receive. 1. They can lead to a decrease in crime. nouns. Mandatory Sentencing: Pros. While they have traditionally been used in many private and religious schools, they have become even more popular in recent years. They reduce time spent shopping, as well as money spent buying clothes, and eliminate bullying based on dress and appearance. Because of the severe sentencing guidelines that are required by a . Cyntoia Brown is one story of about 10,000 who was sentenced as a juvenile for killing a man when she was just 16 years old. INTRODUCTION The Fair Sentencing Act (FSA) of 2010 (Public Law 111-220) was an act by Congress, and became law on August 3, 2010 ( ). When children are tried in juvenile court, then the judge presiding over the case will have the final decision as to what the outcome of the proceedings will be. Most parents and educators support mandatory school uniforms. For mandatory sentencing, it helps create a standard of justice that can be applied equally to all parties that are charged with similar crimes. Pros are arguments that aim to promote the issue, while cons suggest points against it. Instead of dealing with personal bias, everyone has the same playing field in the justice system and can make decisions that they feel are best for themselves, their communities, or society in general. The judge may consider a variety of . definitions. 2. words. 4. Kids who wear uniforms are more likely to be . It also means that someone can weigh the consequences of their actions before they are taken. In some cases, it creates unjust sentences In other words, they have the power to choose whether or not they will charge offenders crimes that carry a minimum mandatory sentence. 1. Indeterminate sentencing comes down to the inmate's behavior while incarcerated. There is an argument to be made that a 17-year-old committing a severe crime understands what they are doing and is willing to take on the risk of experiencing the potential for legal consequences because of their actions. 4. It also achieves for them a sense of belonging. More contemporary policies to reduce recidivism look to evidence-based strategies that hold offenders accountable, are sensitive to corrections costs, and reduce crime and victimization. It shifts the personal bias. Contrast an indeterminate sentence with a determinate sentence. 9. The law also set up a 100-to-1 sentencing ratio for crack cocaine versus powder cocaine offenses. Up until the 1960s, capital punishment was a mandatory minimum sentence for murder. 3. The problem with determinate sentences is that it makes everyone equal, no matter the circumstances. The problem with individualized sentencing is that bias can affect the process. In the United States, the jury is not typically informed of a mandatory minimum penalty because there is a fear that knowing the sentence may affect the determination of innocence or guilt. His indeterminate sentencing was therefore upheld. When you're writing a pros and cons essay, you must follow two important guidelines. Let's explore the issues at hand. Determinate sentencing occurs when a judge must sentence a convicted offender to a standard sentence that is dictated by the law. It may limit the concept of diversity to the student body. Offense Characteristics: Most guidelines systems have rules for ranking the seriousness of offenses. The Smarter Sentencing Act would permit a district judge to impose sentences without regard to any mandatory minimum if the court finds that the defendant has no more than two criminal history . Uniforms may have a detrimental effect on students self-image. "Fresno Pacific University: "Pros and cons of school dress code. This means that he is likely to commit an act unintentionally or involuntarily while in a sober state. Sentencing used to be in the hands of a jury or judge, but with mandatory sentencing, a guilty verdict would mean that prosecutors are given more control of the sentence the offenders would receive. It reduces the chance that a repeat offender will commit multiple severe crimes. It can offer services to the youth that would not be available in the juvenile system. Mandatory minimum sentencing laws cause both state and federal prisons to overcrowd, extortionate tax costs, and deflect from law enforcement funds. "ProCon: "Should Students Have to Wear School Uniforms? When one compared longer sentencing to community based corrections, community based correction had a 7% recidivism. Mandatory sentencing has been observed in a variety of jurisdictions as a deterrent for criminals to repeat their offences. The adult system simply does not have the capacity to respond to the needs of children, especially those who are young, in ways that are developmentally appropriate. You can make many arguments about the various pros and cons of school uniforms and whether they are necessary. In the study, 94% of the federal public defenders and 28% of the private defense attorneys maintained that sentence disparity had increased under the . Pros of School Uniform. There are other parental rights which may disappear in this situation as well, further limiting the way the legal system can attempt to make things right. While the judge determines the minimum time the defendant may serve, a parole board determines their release date. It comes with a high cost to taxpayers. School uniforms may delay the transition into adulthood. 3. It removes the authority a judge has for sentencing discretion because it treats every convicted person in the same way. Mandatory drug sentencing laws came about in the 1980s in the height of the War on Drugs.The seizure of 3,906 pounds of cocaine, valued then at over $100 million wholesale, from a Miami International Airport hangar on March 9, 1982, brought about the public's awareness of the Medellin Cartel, Colombian drug traffickers working together, and changed U.S. law . Advantages of uniform. By Hiller B. Zobel Hiller B. Zobel is an associate justice of the Massachusetts Superior Court. In addition, they keep students safer by making sure they are obviously dressed as students. Diante Pellum was 14 years old when he was accused of shooting another teen in the back of the head near Federal Way in Washington. 12. There are untreated mental illnesses to consider, limited experiences in managing anxiety or trauma, and impulsive actions that are related more to biological development than logical outcomes. However, opponents of this type of sentencing feel that parole boards get too much power when an offender's future is in their hands. Often times when a judge issues a sentence he or she has relatively no say on whether or not show more content. Give equal weight to both the pros and the cons. 1. In this case, the 10-year-old girl allegedly dropped the baby boy, who then hit his head and began to cry. You aren't just making a pros essay or a cons essay. Police Body Cameras. It does not allow for extenuating circumstances. They argue that retribution or "an eye for an eye . 2. Every year, millions of people in the US go through its criminal justice system. The process is simple and straightforward. Being imposed in various jurisdictions as a deterrent for repeat offenders, these sentences have been incorporated into certain statutes to prevent specific crimes from being committed, such as gun or drug crimes. As the Uniform Sentencing Entry was developed, it became clear to the Ad Hoc Committee that the creation of such a template also necessitated development of attendant entries based around the method of conviction and the disposition of the case, such as a uniform plea . 3. While school uniforms are seen as a positive for helping to erase visible social-class differences in schools (rich vs poor), they also have the negative effect over erasing cultural differences. When low-level criminals are threatened with high-level mandatory sentences, they would often do or say anything to get out of spending many years in prison. According to the law, the parole board is allowed to grant parole on the condition that; When the prisoner is eligible, the inmate will get a parole hearing and, if granted the parole, will be released to rejoin society. The school uniform might create a fashion balance, but it also creates a natural rebellion against group thinking. It creates equality among the rich and poor. A Report of the NCSL Sentencing and Corrections Work Group. Justice Kennedy at the time even wrote that children who commit heinous crimes are capable of changing. Although any crime deserves a potential consequence no matter how severe it might be, there is also a need to create a fair outcome which takes every element of the experience into consideration and that may not always happen when the decision is made to try juveniles as adults. School uniforms promote equality among students. It is the Eighth Amendment, the constitutional clause . But in practice, the sausage factory that is the American criminal justice system focuses not on equal inputs or fair processes but on uniform . A study conducted in 1999 showed that longer sentences had a 3% recidivism rate. It is not always used for violent crime. Their options include house arrest, curfew, counseling, or treatment in residential programs in addition to juvenile facilities which are similar to jails or prisons. Although this number is roughly 75% less than what it was in the early 1990s, it is still one of the highest rates in the world today. Referenced for its constant work in progress at all levels of authority and the numerous problems it is facing, this system try its best to provide just punishments to those who break the law. School uniforms, by design, limit diversity within the learning environment. When kids enter the adult court system, then they do not usually have the same opportunity to acquire critical skills, experiences, or competencies that are critical to their future success as an adult. Mandatory minimum sentences continue to be talked about, as citizens, politicians and ex-convicts push their opinions. It was as early as 1899 when the United States began creating the first courts for youth offenders. Pages: 3 (677 words) Pros and Cons School Uniform Pages: 5 (1416 words) Pros and Cons of Four Day School Week Pages: 3 (806 words) Pros and Cons of a Military School Pages: 2 (550 words) Pros and cons of school uniform Pages: 4 . Indeterminate sentences are prison terms that do not have a specific amount of time to be served, and don't specify a date of release. Please refer to the appropriate style manual or other sources if you have any questions. To unlock this lesson you must be a Study.com Member. One of the primary issues is the potential for overcrowding in prisons. Therefore, this kind of sentencing occurs when the amount of time an individual will spend in prison is uncertain. As prosecutors make the decision of what charges to put against the defendants, they can stack the deck, which involves over-charging them in order to reach a guilty plea. 2. Determinate sentences focus on retributive corrections, while indeterminate sentencing is associated more with the rehabilitative justice model. It provides the community with an opportunity to have a say in the process. In some cases, mandatory sentencing laws have been linked to a decrease in certain types of crime, while in other cases, there has been little to no effect. By knowing that a drug offense may carry a standard 10 year sentence if found guilty, it can persuade people who are sitting on the fence about a choice to decide to follow the law instead of break it. Many private schools or those that are religious will use uniforms to create a sense of order and uniformity. One of the primary arguments in favor of mandatory sentencing is that it creates a sense of justice and fairness. It does not reflect the understanding of the children in question. School uniforms do not improve attendance, academic preparedness, or exam results. Indeterminate sentencing is a type of prison sentence that is subject to review by a parole board. - Definition, Length & Statistics, What Is Capital Punishment? There is no question about whether a judge likes someone or not. - Definition, Laws & Example, Concurrent Sentence in Law: Definition & Example, Determinate Sentencing: Definition, Pros & Cons, Indeterminate Sentencing: Definition, Pros & Cons, Interstate Compact Agreement: Definition & Rules, Lethal Injection: Definition, History & Procedure, Mandatory Minimum Sentencing: Laws, History, Pros & Cons, Plea Bargain: Definition, Process, Pros & Cons, What Is a Life Sentence? It is a process which seems to disproportionally target minority demographics. The more criminals are persecuted under the Three Strikes Law, the higher the expenses of the state's court and prison system will be. It triggers a shift in personal bias. 4. The Federal Juvenile Delinquency Act provides rules and procedures for local and state courts to follow when working with juvenile offenders, but each state imposes additional requirements. On the other hand, indeterminate sentencing gives defendants a time range, with no specific release date. If illegal actions seem like they are normal or accepted in their household, then they will see that as being an acceptable course of action to take in the rest of society as well. 1. 5. Choosing a debatable topic allows you to select a balanced number of pros and cons. He jumped to the conclusion without a proper consideration of the pros and cons. One of the first records of school uniforms was made in 1222, when the Archbishop of Canterbury made a rule that students had to wear a robe-like outfit called a "cappa clausa." They have the power to choose whether or not to charge the offenders . In one occasion, a desperate mother of four was once paid USD100 to mail an unknown package to someone that contained hundreds of grams of crack cocaine, and the judge sentenced her to 10 years in prison, as the law dictated what had to be done even though the judge felt it unjust and irrational. 1. School uniforms In 1996 the Unites States department of education found that only 3% of public schools required uniforms.AS a result of this president Clinton and the department of education encouraged schools to make school uniforms mandatory (Mitchell 1996). 1. Nov 13, 2014. Its also important to note that mandatory sentencing laws have been linked to an increase in racial and socioeconomic disparities within the criminal justice system. 1. 3. Its goal is to make the consequences of committing crimes less beneficial than the perceived rewards. In 2012, the Vera Institute of Justice found that the aggregate cost of prisons maintained in 40 states (not all 50 or any U.S. territories) was $39 billion. When schools introduce school uniforms, all their students must wear the same clothing to ensure a level playing field. 25% of the people who were sentenced to life in prison as a juvenile have no possibility of parole. For mandatory minimum sentences, they help with creating a standard of justice that is applied equally to all parties who have been charged with similar crimes. It is unconstitutional to try someone in court who doesnt know what is going on. This ranking is typically based on how the . Ann. Enrolling in a course lets you earn progress by passing quizzes and exams. 4. It is used for coercion. Create an account to start this course today. For those unfamiliar with the concept, mandatory sentencing refers to laws that impose a fixed punishment for certain crimes, regardless of mitigating factors such as an offenders age, criminal history, or the circumstances of the crime. When mandatory minimum sentencing was first used in the countrys justice system in the 1980s, there was seen a significant decrease in crime across all categories while the sentences were handed down. Here are the key points of debate to look at. One of the most common types of mandatory minimum sentence in the US has something to do with drug use. Learn the definition of indeterminate sentencing, study its pros and cons, and view examples. In the United States, it is still a mandatory minimum sentence for serious crimes, like treason. The key findings used to tout the benefits of uniforms are questionable. This most often comes with drug convictions, but there are other examples that are on the books, such as the three strikes laws that require a life . School uniforms in public schools undermine the promise of a free education by imposing an extra expense on families. Her boyfriend was 23 and a self-proclaimed 300-year-old werewolf. Jasmine was given 10 years in prison. When mandatory sentencing was first implemented in the US justice system in the 1980s, there was a significant decline in crime throughout all categories as the sentences were handed down. They help eliminate personal bias. They are not standardized, which usually means that students can wear most varieties of a specific type of clothing.

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