The concept of selective incapacitation may be successful in a time when the prison populations are excessively high because it helps to identify those inmates who are dangerous or who are labeled as "career criminals". These inmates should be detained in prison for longer periods of time. Those who are not dangerous or who are first time offenders may benefit from a correctional alternative sentence. This would make better use of resources, prison cells and better protect society (Allen, Latessa, Ponder, 2016). However, if a "first time offender" committed the same crime as a "career criminal" is it safe to say he should be given a lesser sentence because he may not commit another crime?
“In October 1982, the Rand Corporation published Selective Incapacitation, a sentencing proposal based on seven years of research by a team of Rand researchers under the direction of Peter Greenwood. In his report, Greenwood claims to have developed a classification scheme that would enable criminal Justice practitioners to determine which offenders should receive long, "incapacitating" prison sentences and which can be sentenced to alternative programs or safely released to the community.” (Blackmore & Welsh, 1983) Selective incapacitation is the ability to select which criminal should to be locked up due to the severity of the crime. In other words, a way of sorting through crime to put the most violent offenders away. Everyone has a least heard once how overcrowded our prison system
Appellate courts are incorporated with the judicial system that are accountable for the review of legal cases in which have been made in error during a trial level or other minor courts. The appellate courts have over the years become specialized parts of our judicial system, in which such courts have multiplied in their caseloads, as documented since World War II; some states have made efforts regarding constitutional and statutory provisions to meet such increasing burden of appeals. By providing temporary additional judges, as well as additional aid of the creation of many temporary courts, however such increasing density of the appellate courts organization is not abnormal for large populated areas such as New York, Illinois, Pennsylvania and Ohio. Concentrating on the efficiency withi...
An unsuccessful party ina lawsuit must file an appeal with an appellate court in order to have the decision reviewed. In the United States, appellate courts exist at both the federal and the state levels. On the federal level, decisions of the U.S.district courts, where civil and criminal matters are tried, can be appealed to the U.S. court of appeals for the circuitcovering the district court.” (Stewart, 2006) Honestly, I did not know what an appeal really was before reading this week’s lesson. I thought an appeal was a form filled out by a criminal who then argues their sentence in front of a judge. To some extent I realized that someone had to review the case to see if it was worth going back to court for. I researched a little into the process for filing for an appeal in New York State
The appellate system can manage caseloads more effectively by making sure cases are being reviewed and by simplifying the appeals process in one court. The judicial department should cut down on frivolous and implement stronger guidelines that will make it difficult to challenge trial court decisions due to small mistakes. Congress should focus on making legislation that will cut appeals process and find a way to reduce the buildup of appeals in the system.
One of the main issues for the appellate system is the massive caseload and increased workload for state and federal judges. Statistics from the 1970's show that the average growth rate is about nine percent per year, which represents a doubling of caseloads every eight years. To help with the massive case load appeals court could manage caseloads more effectively by ensuring the case is only heard in one court, change and implement stronger guidelines to force record, briefs, and expedite appeals time lines and manage delay reduction. Others methods that could help the appellate system become more efficient are increasing the court's capacity by adding more judges or more staff, decreasing the amount of judge time spent on each case, and lowering the volume of appeals to the court.
The appellate system, in some states, has taken steps in order to combat the caseload that seems to be ever growing. They have added more judgeships, added more appellate courts, they have assigned some judges from lower courts or retired judges, temporarily. They have started to expedite hearings, limit oral arguments and set time limits on those arguments, as well. Although this may help with their caseload, it does seem to violate some constitutional rights (Allen, Latessa, Ponder, 2015). There seems to be an issue when it comes to adding retired or lower courts judges, they have very little if any appellate court experience and are less likely to provide appellate decisions. One way the appellate system may be more effective is to hire staff aides, they are cheaper than judges and do
Probation is a means of rehabilitation within the community. It is a way to introduce offenders into the community in a positive way. Offenders learn to give back to the community but, still learn that what they did was wrong. Incarceration is a means of punishment to the offenders. Offenders are locked up and in some cases for 23 hours at a time, depending on the prison and on the charges. Probation is more effective, in my opinion, because it allows the offender to live at home in most cases but, still understand the law that was broken. The offender does not have to be locked up in a cell and under 24 hours of supervision. Incarceration is not for everyone but, neither is probation. Criminals who were arrested for drug procession versus criminals who murdered another human being should ...
Probation has proven to be a successful alternative because it helps with rehabilitating the offenders, it also prevent some offenders from becoming institutionalized, which can lead to greater problems. It saves the country a lot of money and resources by relieving the overcrowded prison system. Probation addresses a fundament change in the approach to crimes, offenders and their place in society, changing the focus of penitentiary measures from punishment and isolation, to restorative justice and reintegration. When accompanied by adequate support for offenders, it assists some of the most vulnerable members of society to lead life without having to relapse back into criminal behaviors patterns (unodc.org). The one way I believe probation can get better is if the person on probation c...
Probation is a successful alternative to incarceration because it helps cut down on the amount of people in prison and gives the offender a chance to right their wrongs without serving unnecessary jail time. When a person commits a crime and ends up in prison they usually come out worse than they went in. Criminals who commit crimes such as tax evasion or fraud end up behind bars with murderers and rapists. These people deserve to pay for their crimes but often get put in situations behind bars that cause them to commit other crimes just to protect themselves. Probation is a great alternative for people who deserve to be punished but don't deserve jail time. Being placed in prison ruins a person's life. Once they get out it is hard to find a job which often leads the person back into