Criminology and the American Court System - Essay Example

Criminology American justice has a range of punishments depending on the crime. Traditional methods of punishment are jail, probation, and restitution. Alternative methods of punishment can range from drug rehabilitation to counseling. The judge is the deciding factor when it comes to alternative methods of punishment. The harshest punishment is the death penalty. Not all states have the death penalty. The states that do have the death penalty carry out the practice at different speeds. California rarely executes death row inmates, while Texas executes death row inmates regularly. These diverse punishments will be examined in this paper. Traditional methods of punishment have “individual outcome goals of incapacitation, retribution, rehabilitation, and deterrence” (Osler, 253). Normally this means prison and monetary retribution. An example of a traditional method of punishment for larceny could be the amount stolen as the amount of restitution and two years in jail. This depends on the amount stolen. Most crimes have traditional methods of punishments, especially for violent crimes and repeat offenders. Violent crimes and repeat offenders are normally placed in prison to segregate the offender from society. Traditional methods of punishment fall into two categories. The first is judicial discretion. All crimes have traditional guidelines. For example, a first time drug conviction can have guidelines for one to ten years. That means the judge can sentence the defendant up to ten years and no more. The sentence is up to the judge. Mandatory sentences are sentences that the judge has to pass upon conviction. An example of mandatory sentencing is California’s three strikes. If a felon is convicted of three strikes or felonies, then they are sentenced to life in prison. The judge has to convict the felon to life, no matter what circumstances, or mitigating factors. The first category of traditional methods of punishment is preferred by defense attorneys. Mitigating factors can be considered when a judge has discretion. Examples of mitigating factors are battered woman syndrome, child abuse, passion, and poverty. While these factors might not sway every judge, some judges can be swayed. Susan Smith is a good example of a judge letting mitigating circumstances influences his decision. Smith was convicted of killing her two sons. However after learning Smith had been molested as a child and her father’s suicide, the judge sentenced her to life instead of death. When a judge has discretion, they can decide on all the evidence, not just the crime. The second category of traditional methods of punishment is preferred by prosecutors. The tough mandatory laws favor the prosecution, if the felon is convicted. Mandatory laws, like California’s three strike law, started out in response to violent criminals. California’s law came about after, “The vote came in the wake of the widely publicized 1993 murder of 12-year old Polly Klaas, whose killer was a paroled felon” (Murphy). The aim was to convict violent offenders, but the law does not discriminate between violent offenders and non-violent offenders. The law states an offender only has to be convicted of three felonies. Many of the defendants sent to jail under three-strikes laws are non-violent repeat offenders. The original intent of the law was the stop violent criminals, but the result has been that criminals with a history of minor offenses, such as petty theft or drug dealing, are being sent away for longer terms than criminals who commit violent acts. (Murphy) This is causing an already over crowded prison system to be stretched to the maximum. An example of some convicted of the three strike law: In March 1999 the Supreme Court refused to hear a challenge to Californias three-strikes law brought by a man sentenced to 25 years to life under the law for stealing a bottle of vitamins. (Murphy) A good law, which might have saved Polly Klaas’ life, has been perverted by the system. A more effective law might be for violent offenders, or go back to having a judge with discretion to make a decision within the guidelines. Alternative methods of punishments are focused more on rehabilitation. For example, most first time offenders of driving under the influence will be some sort of counseling, a fine, and loss of a driver’s license for a specific amount of time. First time drug users, that did not have a significant amount of illegal substance, can receive drug rehabilitation. The effectiveness can be seen through the following study: Pennsylvanias drug and alcohol treatment-based intermediate punishment, Restrictive Intermediate Punishments (RIP/D&A), at reducing the risk of rearrest…Offenders who successfully completed treatment had a lower risk of rearrest than traditionally sentenced offenders in general and county jail and probation offenders specifically. (Warner) Community services are another form of alternative punishment. Anything, other than prison or retribution, can be considered alternative. Some judges have the authority to order a shoplifter to stand on a corner with a sign proclaiming “I like to steal”. The goal is prevention. One goal of alternative methods of punishment is to lesson prison crowding. Prisons need to be reserved for the most violent offenders, not tax cheats. The American justice system only has one prison system. They do not keep the molesters in one prison, the murders in another, and the non-violent offenders in another. If sent to prison all offenders go to one jail. On author suggests: Their increasing popularity reflects an impression that they meet their objectives of alleviating prison crowding, costing less than incarceration, and controlling crime. Intermediate sanctions reflect the realization that prisons are crowded, partly because in some states everyone from first-time welfare cheats to repeat robbers are sent to prison, without consideration of the different risks they present to the community. National statistics show that about half the offenders admitted to prison each year are there for property or public order offenses, not violent crimes. (Petersilia) Without the use of alternative methods of punishment the prison system would be overwhelmed. By using these alternative methods, non-violent offenders can stay in society, but still pay their debt. Capital punishment means the death penalty. Not all states have the death penalty. Even when the states have the death penalty, the appeal process can take years. Ohio, Oklahoma, and Texas carry out the process quicker than others (Welsh-Huggins, 180). California is one of the slowest states to carry out the death penalty. Each individual state decides if the death penalty can be given. The appeal process differs from state to state as well. Federal guidelines have each individual state set their own laws concerning the death penalty. The Federal government has a death penalty for those who commit acts against the Federal government. An example would be Timothy McVeigh, the Oklahoma City bomber. The death penalty is controversial. Even though a jury has found a defendant guilty beyond a reasonable doubt and the automatic appeals, the fear of sending a innocent person to death is ever present. After the sentence is carried out, there is no taking it back. On the other hand, the public gets frustrated at paroled killers committing more murders. Victim rights advocates want justice for their loved ones. Why do killers get to live, when their loved ones are dead? Many individuals feel that the defendants have more rights than their victims. Another controversial aspect of the death penalty is race and gender. More African American males receive the death penalty than their white counterparts (Welsh-Huggins, 76). Men receive the death penalty at a higher rate than women ( Welsh-Huggins, 173). Poverty is also another factor in receiving the death penalty (Welsh-Huggins, 112). This makes the death penalty unfair. In America, an African American male from a poorer background that murders his wife is more likely to receive the death penalty than a rich white male. This is not right. Anywhere else in America this type of racism would be denounced immediately. Where it counts the most, in a life and death situation, the public remains silent. It is the same with women. A woman can commit the same crime as a man, but is sentenced to life more often than a man. Race and gender is a mitigating factor in the death penalty. The American court system has many punishments for various crimes. Whether traditional, alternative, or the death penalty, the method of punishment is American. The system has problems, but under the American law these problems can be fixed. Judges, citizens, and lawyers can work to make better more efficient punishments. Nothing is ever absolute in punishments. Bibliography Murphy, J. (2000). Are Three-Strikes Laws Fair and Effective? Speakout.com. Accessed 18 Mar. 2009 from http://speakout.com/activism/issue_briefs/1290b-1.html Osler, M. Uniformity and Traditional Sentencing Goals in the Age of Feeney. Federal Sentencing Reporter. April 2004, Vol. 16, No. 4, Pages 253–256 Petersilia, J. (N.D.). Sentencing: Alternatives - Development And Characteristics Of Alternative Sentencing Programs, The Costs Of Alternative Sentencing Programs, The Effectiveness Of Alternative Sentencing Programs. Crime and Justice. 4. Accessed 18 Mar. 2009 from: http://law.jrank.org/pages/2049/Sentencing-Alternatives.html Warner, T. D. Closing the revolving doors? Criminal Justice and Behavior, Vol. 36, No. 1, 89-109 (2009) Welsh-Huggins, A. (2009). No Winners Here Tonight: Race, Politics, and Geography in One of the Countrys Busiest Death Penalty States. New York: Ohio University Press. Read More