Guidelines Manual
Author | : United States Sentencing Commission |
Publisher | : |
Total Pages | : 24 |
Release | : 1996-11 |
Genre | : Sentences (Criminal procedure) |
ISBN | : |
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Author | : United States Sentencing Commission |
Publisher | : |
Total Pages | : 24 |
Release | : 1996-11 |
Genre | : Sentences (Criminal procedure) |
ISBN | : |
Author | : Alexes Harris |
Publisher | : Russell Sage Foundation |
Total Pages | : 265 |
Release | : 2016-06-08 |
Genre | : Social Science |
ISBN | : 1610448553 |
Over seven million Americans are either incarcerated, on probation, or on parole, with their criminal records often following them for life and affecting access to higher education, jobs, and housing. Court-ordered monetary sanctions that compel criminal defendants to pay fines, fees, surcharges, and restitution further inhibit their ability to reenter society. In A Pound of Flesh, sociologist Alexes Harris analyzes the rise of monetary sanctions in the criminal justice system and shows how they permanently penalize and marginalize the poor. She exposes the damaging effects of a little-understood component of criminal sentencing and shows how it further perpetuates racial and economic inequality. Harris draws from extensive sentencing data, legal documents, observations of court hearings, and interviews with defendants, judges, prosecutors, and other court officials. She documents how low-income defendants are affected by monetary sanctions, which include fees for public defenders and a variety of processing charges. Until these debts are paid in full, individuals remain under judicial supervision, subject to court summons, warrants, and jail stays. As a result of interest and surcharges that accumulate on unpaid financial penalties, these monetary sanctions often become insurmountable legal debts which many offenders carry for the remainder of their lives. Harris finds that such fiscal sentences, which are imposed disproportionately on low-income minorities, help create a permanent economic underclass and deepen social stratification. A Pound of Flesh delves into the court practices of five counties in Washington State to illustrate the ways in which subjective sentencing shapes the practice of monetary sanctions. Judges and court clerks hold a considerable degree of discretion in the sentencing and monitoring of monetary sanctions and rely on individual values—such as personal responsibility, meritocracy, and paternalism—to determine how much and when offenders should pay. Harris shows that monetary sanctions are imposed at different rates across jurisdictions, with little or no state government oversight. Local officials’ reliance on their own values and beliefs can also push offenders further into debt—for example, when judges charge defendants who lack the means to pay their fines with contempt of court and penalize them with additional fines or jail time. A Pound of Flesh provides a timely examination of how monetary sanctions permanently bind poor offenders to the judicial system. Harris concludes that in letting monetary sanctions go unchecked, we have created a two-tiered legal system that imposes additional burdens on already-marginalized groups.
Author | : Douglas McDonald |
Publisher | : |
Total Pages | : 116 |
Release | : 1992 |
Genre | : Criminal justice, Administration of |
ISBN | : |
Author | : Anthony Bottoms |
Publisher | : Routledge |
Total Pages | : 273 |
Release | : 2013-01-11 |
Genre | : Social Science |
ISBN | : 1135988668 |
Community penalties are punishments that, in the courts' sentencing tariff, come between imprisonment and fines. They include electronic tagging, supervised unpaid work, and compulsory participation by offenders in treatment programmes. Recent years have seen many changes in England in the field of community penalties. These have included the rapid development of accredited offending behaviour programmes, and some new court orders such as the Referral Order for juveniles, based on the principles of restorative justice. Organisationally, too, the year 2001 sees a major change with the establishment of the National Probation Service for England and Wales. Community Penalties: change and challenges addresses the key issues facing community penalties at this critical time. Topics covered include the recent history of community penalties, partnership work, cognitive behavioural approaches to changing offenders' behaviour (and the need to look beyond these), compliance theory, accountability to the public and to the victim, accommodating difference and diversity in the delivery of community penalties, the use of technology in community penalties, and community penalties and issues of public safety. Community Penalties: change and challenges brings together many leading authors in this field. Together, they provide an authoritative review of a vital field of public policy.
Author | : United States Sentencing Commission |
Publisher | : |
Total Pages | : 56 |
Release | : 2019-08-27 |
Genre | : |
ISBN | : 9781688991422 |
This paper provides an overview of the federal sentencing system. For historicalcontext, it first briefly discusses the evolution of federal sentencing during the past fourdecades, including the landmark passage of the Sentencing Reform Act of 1984 (SRA),1 inwhich Congress established a new federal sentencing system based primarily on sentencingguidelines, as well as key Supreme Court decisions concerning the guidelines. It thendescribes the nature of federal sentences today and the process by which such sentencesare imposed. The final parts of this paper address appellate review of sentences; therevocation of offenders' terms of probation and supervised release; the process whereby theUnited States Sentencing Commission (the Commission) amends the guidelines; and theCommission's collection and analysis of sentencing data.
Author | : James M. Markham |
Publisher | : Unc School of Government |
Total Pages | : 0 |
Release | : 2018-11 |
Genre | : Criminal law |
ISBN | : 9781560119357 |
This book is a step-by-step guide to the sentencing of felonies, misdemeanors, and impaired driving in North Carolina. It includes the felony and misdemeanor sentencing grids that apply under Structured Sentencing and a table showing the different sentencing levels for DWI. The book also includes materials on diversion programs (deferred prosecution and conditional discharge), probation supervision, fines and fees, and sex offender registration.
Author | : United States. Department of Justice |
Publisher | : |
Total Pages | : 720 |
Release | : 1985 |
Genre | : Justice, Administration of |
ISBN | : |
Author | : Elena Kantorowicz-Reznichenko |
Publisher | : Cambridge University Press |
Total Pages | : 400 |
Release | : 2021-05-31 |
Genre | : Law |
ISBN | : 9781108796439 |
Day fines, as a pecuniary sanction, have a great potential to reduce inequality in the criminal sentencing system, as they impose the same relative punishment on all offenders irrespective of their income. Furthermore, with correct implementation, they can constitute an alternative sanction to the more repressive and not always efficient short-term prison sentences. Finally, by independently expressing in the sentence the severity and the income of the offender, day fines can increase uniformity and transparency of sentencing. Having this in mind, almost half of the European Union countries have adopted day fines in their criminal justice system. For the first time, this book makes their findings accessible to a wider international audience. Aimed at scholars, policy makers and criminal law practitioners, it provides an opportunity to learn about the theoretical advantages, the practical challenges, the successes and failures, and ways to improve.