Drug Sentencing

In: English and Literature

Submitted By TinaK47
Words 3555
Pages 15
United States Drug Sentencing for those who break the law

Tina Kelson

ENG122

Lesa Hadley

April 4, 2011

United States Drug Sentencing for those who break the law

In America today there is a big controversy with drug trafficking. What is drug trafficking? Drug trafficking is the sale and distribution of illegal drugs. What is obtaining dangerous drugs mean? The researcher found is intending to aid a person to obtain dangerous drugs and practice outside of their scope of practice. The topic the researcher has chosen is how to reduce drug trafficking in the United States. The author will focus on how drug dealers need to get harsher sentences then they do know and this may help reduce drug trafficking in the United States. The examiner has also determined that harsher sentencing is important factor in controlling to get the most serious drugs off the streets, for example, LSD, Heroin, and Cocaine. The researcher will conduct their analysis on harsher sentences for drug possessors, those who obtain dangerous drugs, and law enforcement agents who are charged with drug trafficking. Should those who possessed drugs or those who obtain illegal drugs and those who are involved bringing it across ours borders spend more time in prison then those who commit rape or rob a bank? America needs to impose tougher sentencing on those who chose to break the law and this will help reduce drug trafficking in America. Research done will show why they need to impose harsher sentencing for those chose to break the law and here what the author has found.

In examining drug trafficking, the researcher found that those who possess it get harsher sentences then those who commit rape. According to the Drug Enforcement Agency (DEA) it depends on how much cocaine or marijuana or other substances they have on…...

Similar Documents

Sentencing Proposal

...Sentencing Proposal Criminal Law CJA 354 August 16, 2012 Sentencing Proposal State of Arizona v. Stu Dents Defense proposal Our client, Stu Dents, is thirty-nine years of age. He served in the United States Army during Operation Desert Storm and was, until 2008, a member of the National Guard, where he was honorably discharged. Until recently he was a hard working and reliable individual. He has had no significant previous criminal history and held a full-time job, until approximately six months before the unfortunate death of the victim. The defendant came home from Desert Storm with many issues, not the least of which was a drug habit, which he successfully stopped taking for a long period of time. He lived with his elderly aunt for the past several years, helping her financially as well as being a companion to her until moving into his own apartment after she was admitted to a nursing facility, about fourteen months before the downward spiral of his mental health and the death of the victim. Approximately 8 months before the tragic death of Ms. Opee, the defendant began doing ecstasy with the victim. They were both caught with a small amount of drugs on them at one point and both were convicted of a minor drug charge. As part of a plea deal Ms. Opee was sentenced to a mandatory rehab treatment facility. His parents have suffered through the pain of watching their only son go from being a loving, vibrant, and energetic young man to the individual......

Words: 1073 - Pages: 5

Sentencing Guidelines

...The Impact of Sentencing Guidelines on the Criminal Justice System Public Safety Capstone Project Our criminal justice system has an obligation to impose fair sentences. The United States Sentencing Commission is the result of the Sentencing Reform Act of 1984 that had laws created to ensure that sentencing was fair from state to state, and a judge provided proof of that sentencing was indeed black and white. To eliminate the possibility of being unjust, the government became involved in creating guidelines on the punishment that was rendered based on the type or types of crimes an individual committed. Sentencing guidelines were imposed to set the terms that would fit the crime some of the sentencing may be a payment of a fine, community service, incarceration, the death penalty, and or probation and parole. Throughout the years there has been a concentrated effort to standardize the sentencing especially in felony offenses, and to diminish judicial discretion in sentencing. Due to this there is a perception by lawmakers and the public that arbitrary or discriminatory practice with fair and just sentencing in certain cases and or crimes. “The Federal Government and 16 States have implemented presumptive or voluntary/advisory sentencing guidelines. Each of these states has established guidelines for different purposes and most of them were asked to meet multiple goals, including punishment, deterrence, incapacitation, and......

Words: 1686 - Pages: 7

Punishment and Sentencing

...Punishment and Sentencing CJA 224/Introduction to Criminal Court Systems March 26,2012 Abstract This paper will explain and identify the various punishment philosophies within the juvenile court and its processes. Also the adult court process will be explained how they differ with the punishment philosophies. In addition, the sanctions involved, various legal factors associated with sentencing, and the aspects of the appeals will be explained. There are four punishment philosophies which include: deterrence, incapacitation, rehabilitation, and retribution. The goal of each philosophy is to deter crime, however each approach is different. The purpose of deterrence is to prevent crime by persuading individuals not to commit crimes because they have been punished for violating the law. For example, “when people decide not to park in a handicapped space because they have been fined or do not want to be fined, they have been deterred from illegal activity” (Meyer & Grant, 2003). There are two types of deterrence: general and specific. Specific deterrence is when criminals are deterred from future crimes because they have been punished. At whatever time convicted criminals state they want to avoid returning to jail, specific deterrence is in effect. General deterrence is when the community or people in general are deterred because they know criminals are punished. For example, when driving a vehicle, it is known not to speed or a ticket will be issued; to...

Words: 1149 - Pages: 5

Sentencing Paper

...CJA234 April 29th, 2013 Mr. Earl Mc Dowell Sentencing Criminals are valued and guilty in court and in society for correction of the breaking the law. Punishment is vital to withstand balance and reestablish order in society also to foreclose incoming trauma. This report will examine the chief objects of imprisonment inside the United States corrections system. The antithetic objects of imprisonment will be talked about along with how condemning affects the nation and federal corrections systems overall. The point of imprisonment is to ascertain that criminals pay for the crimes they commit and to hopefully turn them around so that they don't restate the law-breaking. Imprisonment could include, captivity, economic sanctions, or death as sentences for guilty felons. The aims of imprisonment are intimidation, incapacitation, and renewal. The point of deterrence is to convince criminals not to recur a law-breaking since of the outcomes involved. The imprisonment applied with intimidation is captivity which would lead criminals to fear this imprisonment so they abstain from committing the law-breaking. The point of exhaustion is to drain felons so that they'd no longer have the ability to commit a crime. Incapacitation protects society by making it securer and not allowing felons to do whatever further damage as they've been polished off from society (Foster, 2006). The aim of reclamation is to rectify felons so that they are capable to...

Words: 839 - Pages: 4

Sentencing in the U.S.

...determined by using the United States Sentencing Guidelines. The Guidelines were created by the U.S. Congress in the 1980′s. The Guidelines were created with the goal of achieving uniformity in Federal criminal sentences across the United States. In other words, if you are convicted and sentenced for participating in a Federal drug conspiracy case in the Eastern District of Texas, your sentence should be substantially like that of a similarly situated person in another part of the country. The Guidelines are formulaic and they operate to calculate a prison term using several criteria. Broadly speaking, these can be broken down into several categories. 1. The nature of the crime 2. The accused person’s criminal history 3. Certain aggravating or mitigating factors that may or may not be present in a particular case. NATURE OF THE OFFENSE The place to begin the analysis is the “base offense level”, which may be found in Chapter 2 of the United States Sentencing Guidelines Manual. Each particular crime is assigned a base offense level. In drug conspiracy cases for example, the base offense level increases with the amount of drugs for which the accused person is responsible. CRIMINAL HISTORY The base offense level is only the first step. In order to properly analyze a likely Guidelines sentence, one must also determine the so called Criminal History Category of the accused. This may be found in Chapter 4 of the U.S. Sentencing Guidelines. There......

Words: 742 - Pages: 3

Sentencing Paper

...Sentencing Paper Name CJS 200 11/27/2011 Sentencing Paper If you would compare the reasons and sentences of today, to the sentencing too years past, there really is not much of a comparison. Religion, morals, values, and emotions are four of the philosophical reasons for sentencing criminals. Back in history judges were expected to be harsh on people that committed crimes. Capital punishment, torture, and painful physical penalties were the verdicts to criminals. Criminals were thought to have evil within them. That is why punishment was so harsh to have the evil removed from them. In today’s courts sentencing and punishments are a lot less harsh than they were back in history. Today we have fines, probation, and imprisonment to deter criminals from committing crimes. There are many things that are different but the one punishment that is the same is capital punishment. If you took the life of someone today or back then your sentence was and still is death. Although sentencing is different criminals still do not like the consequences. There are six forms of punishment. They are fines, probation, imprisonment, restoration, alternative punishment, and death. Fines are one of the oldest forms of punishment. Fines can favor the wealthy and discriminate against the poor. Fines are the mildest form of punishment. In many cases fines are added to criminal’s sentences. Generally fines are associated with mild arrest such as traffic fines, speeding tickets, and fines for......

Words: 758 - Pages: 4

Sentencing

... Sentencing Paper When it comes to punishment the State and Federal government handle things not to different from each other. Sentencing in both systems are not too different from each other also. In this paper I will look at the objectives of punishments by the State and Federal systems. We will also look at how sentencing affects State and Federal correction systems. I will also look at determinate and indeterminate sentencing. The definition of punishment according to the Merriam Webster dictionary is the act of punishing, suffering, pain or loss that serves as retribution and a penalty inflicted on an offender through judicial procedure. The mission of corrections has always been to court prescribed sentences for criminals or to carry the sentence of the court. When an offender is sentenced it is usually for one or more reasons. It is either deterrence, incapacitation, rehabilitation, and or restitution. Deterrence is the goal that is focused on preventing future crimes from happening. The idea is that if criminal receive punishment it would prevent them and others they know from committing crimes. Incapacitation is when you reduce the criminal capacity or intent to commit a crime. Rehabilitation is when you release an inmate back to society with more to offer themselves and the community before they committed the crime. Restitution is when you repay your debt to society financially. This sometimes happens if damaged occurred during the crime. Sentencing......

Words: 445 - Pages: 2

Sentencing Process

...Sentencing Process In 1998 the District of Columbia Sentencing and Criminal Code Revision Commission was charged with developing a comprehensive structured sentencing system for the District. The Commission concluded that the District could benefit from a comprehensive structured sentencing system. Next, the Commission embarks the difficult task of creating workable sentencing guidelines for felonies. As Washington, DC follows the lead of other jurisdictions as well as an earlier effort in the District, the Commission developed two grids: one for drug cases and one for all other cases in the direction of the dominant factors in sentencing: the offense of conviction and the criminal history of the offender. The Commission also established standards for departing from the recommended prison ranges in extraordinary cases, rules for imposing concurrent or consecutive sentences, along with adjustments and exceptions to sentencing. Together, the grids, standards, rules, adjustments and exceptions form the Voluntary Sentencing Guidelines for the District of Columbia. (ACS, 2012-pg.9) The procedures that must take place following the finding of guilt before a defendant is sentenced for a felony offense are as follow: Sentencing is where the judge imposes punishment after a finding of guilty that resulted from a trial, or entry of a plea of guilty or no contest by the defendant. The judge may order the Department of Corrections to prepare a pre-sentence investigation (PSI) report......

Words: 1705 - Pages: 7

Sentencing

...Sentencing can be defined as "the judicial determination of a legal sanction to be imposed on a person found guilty of an offence." It is one of several stages, which together comprise what is often referred to as the criminal justice system, although some might argue that it is an overstatement to categorize such disparate functions as a system. These stages are: (A) Crime prevention and maintenance of order (B) Detection and enforcement (including investigation) (C) Prosecution (D) Adjudication (E) Sentencing/disposition (F) Administration of sentences/dispositions. Generally speaking the branches of central government have the dominant role in most of the above, although a number of qualifications should be mentioned. Individuals retain the right to institute private prosecutions at the summary level. In jury trials, members of the public are the determiners of fact and private organizations or individuals often have an important role in the administration of certain sentences. Under our system of government the police take principal responsibility for stages (a) and (b); the police and crown prosecutors for stage (c); the courts (particularly judicial officers) for (d) and (e); and courts, prisons, and community corrections for (f). These agencies all operate within rules, which allow a significant amount of discretion to the officers involved. Increasingly, they are also purchasing contract services from non-government agencies and community......

Words: 613 - Pages: 3

Sentencing Paper

...Sentencing Paper Ruben Varela CJA/234 08/11/2014 Introduction In this paper I will go over the state and federal objectives of punishment. Also I will discus how does sentencing affect the state and federal corrections systems. I will define determinate and indeterminate sentencing; also give my opinion of which sentencing model do you feel is most appropriate. State and Federal Objectives of Punishment Punishment can be broke down into four fundamental objectives. These objectives are deterrence, retribution, rehabilitation, and incapacitation. The first is deterrence; this is where people are discouraged from committing crimes. This can be broken down into two subcategories; specific and general. Specific is aimed at offender do not want to commit a crime because of the punishment received the last time they were caught. General is where someone is made an example to prevent others from doing the same thing. An example would be the over publicizing of inmates that receive death sentences. The second is retribution; this means that they punishment needs to fit the crime. A judge will not sentence someone to five years for a traffic violation and give a convicted murder just a few days. Judges need to take into account the full impact the crime had on everyone. The next objective is rehabilitation or reform. This aims at changing the behavior that caused the individual to commit their crime in the hopes that they will not commit the offence again. Some......

Words: 1228 - Pages: 5

Sentencing

...Sentencing Brittany N Mann CJA/234 September 4, 2011 Barbara Carroll, PhD. Sentencing laws in the United States corrections vary, depending on the objectives set at the state and federal levels. Sentencing guidelines provide structure at the criminal sentencing stage by defining offense and offender elements that should be considered in each case to determine the correct sentence. There are four justifications for punishment in the United States; the four principal objectives of punishment are traditionally stated as retribution, deterrence, rehabilitation ,and incapacitation. There are many factors that determine what form of punishment you receive. The factors include the type of crime committed and previous criminal history. The state objectives for punishment are applied to misdemeanors, and the federal objective for punishment is only for felonies and serious misdemeanors. The principal objectives for punishment are retribution, deterrence, rehabilitation and incapacitation. Retribution is the justification punishment in which the offender is given a sentence that is vengeful, this given to make the offender suffer for the crime committed, to also make the offender morally responsible for the offender to...

Words: 780 - Pages: 4

Sentencing Paper

... Sentencing Paper Joan Hamm CJA 234 October 12, 2015 Dennis Holder Sentencing Paper An analysis of the state and federal objectives of punishment are the consequences or penalties for a crime(s) that have been committed.   The punishment ensures that the offender is adequately punished for the offences they are being accused of. The implementation of punishment is to prevent the criminal behavior by deterring the offender from committing similar offences. Usually punishment applies to the offender per the crime that has been committed (Hamilton, 2014). If the accused is a repeat offender of federal crime then they go to a federal prison, for almost every other crime the offender goes to a state prison.  A prison-- whether it be state or federal, main objectives is preventing and controlling criminal behavior and acts. There are seven usual punishments depending on the judge’s and/or the jury’s decision at trial (Hamilton, 2014). The minimum sentences like Intensive supervision such as: parole, house arrest, probation, etc., Rehabilitation such as: counseling, drug rehab, restitution, community service, fines, etc.  On the contrary, more sever punishments include: capital punishment and incarceration.  This type of sentencing is imposed as a criminal sanction by a judicial authority. Mandatory minimums, such as: the three strikes laws and sentencing guidelines require specific sentences. It is done with little consideration of personal factors as it pertains to offenders,......

Words: 1267 - Pages: 6

Sentencing

...Sentencing laws in the United States corrections vary, depending on the objectives set at the state and federal levels. Sentencing guidelines provide structure at the criminal sentencing stage by defining offense and offender elements that should be considered in each case to determine the correct sentence. There are four justifications for punishment in the United States; the four principal objectives of punishment are traditionally stated as retribution, deterrence, rehabilitation, and incapacitation. There are many factors that determine what form of punishment you receive. The factors include the type of crime committed and previous criminal history. The state objectives for punishment are applied to misdemeanors, and the federal objective for punishment is only for felonies and serious misdemeanors. The principal objectives for punishment are retribution, deterrence, rehabilitation and incapacitation. Retribution is the justification punishment in which the offender is given a sentence that is vengeful, this given to make the offender suffer for the crime committed, to also make the offender morally responsible for the offender to accept responsibility for their actions. Retribution is also done to show others that the crime committed will not be tolerated. Deterrence is a justification punishment that is given with the intent of discouraging members of society from committing criminal acts out of fear of punishment. Rehabilitation is the justification punishment that......

Words: 686 - Pages: 3

Sentencing Paper

...Sentencing Paper Tushar Vincent Botlero 12 March 2012 CJ/A-234 Melissa Andrewjeski Sentencing Paper  Punishment has been a subject of deliberate among philosophers, political leaders, and lawyers for centuries. Various theories of punishment have been developed, each of which attempts to justify the practice in some form and to state its proper objectives. The quantity and severity of punishments were reduced, the prison system have been improved. According to the Montgomery County Correctional Facility, Maryland, some of the major reasons for punishment are to reform, deterrence, rehabilitation, compensation, and retribution. Punishment for reform is intended to benefit the offender and society by changing the offender into a contributor to society. Punishment as deterrence is intended to benefit society by discouraging would-be offenders. Punishment to extract compensation is intended to benefit the victim of the offender. Finally, retribution is the only object for punishment that is primarily intended to harm the offender. Individuals are in prison because they broke the rules and would have to serve their time.   Some go to federal prison and some go to state prisons.   It depends on the type of crime that a person commits because these prisons harbor different types of criminals they also have different guidelines to follow in terms to punishing the inmates.   Criminal offenders who benefit from prevention services and are at risk of......

Words: 1251 - Pages: 6

Sentencing

...Sentencing. Sentencing May 20th , 2012 Sentencing is a major issue in our criminal justice system today. Here in the U.S, our courts have always struggled to maintain goals and balance our policies when it comes to criminal sentencing. Although the Eighth Amendment guarantees proportionality in noncapital criminal sentencing, federal and state courts have struggled when deciding individual cases, and the Supreme Court has failed to articulate legal rules that could promote the development of a coherent jurisprudence ( Lippman, 2007). Working within the governing law and building on the work already done by scholars who have focused on this problem. There are three principles: transparency, limited deference, and a "felt sense of justice," that could guide the process of proportionality review and contribute to defining a retributivist touchstone for proportionality judgments (Lippman, 2007). The Death Penalty. The death penalty in the United States is used almost exclusively for the crime of murder. Although state and federal statutes contain various capital crimes other than those involving the death of the victim, only two people were on death row for a non-murder offense (Victor L. Streib, 2004). No one has been executed for such a crime since the death penalty was re-instated in 1976. In 1977, the U.S. Supreme Court in Coker v. Georgia, 433 U.S. 584, held that the death penalty for the rape of an adult was "grossly......

Words: 1283 - Pages: 6

WooCommerce Mobile App Builder by Knowband | Jupiter Ascending | Monako Monaco - 1992 S Block Europa Cept Endeckung Amerika Kolumbus # 2070-72 **