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Wk9 DB: Sentencing, The Public Trust In Legislation (Essay Sample)

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At the federal level, sentences are largely determined by sentencing guidelines that determine the amount of jail time an offender will receive. At the state level, many legislatures have adopted “three strike” laws that require a three-time convicted felon to automatically receive a sentence of life without parole. Should the sentence for a crime be left up to the legislatures to determine, or should judges have more control over the sentences? Discuss the advantages and disadvantages to each approach.

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Wk9 DB: Sentencing
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Wk9 Db: Sentencing
Leaving the legislatures to determine the sentence for a crime is advantageous because it brings about fairness and uniformity. This means that criminals will receive equivalent punishment for a similar crime (Roberson & Wallace, 2012). This system increases the public trust in legislation. Additionally, it saves the time and resources required to resolve a case. However, this method is limited in terms of the scope of case evaluating based on individuality. It also increases the chance of giving as wrong punishment.
On the other side, the “Three-Strike” Law as its cons which seem to be more than the pros. First, this method does not give the judge or the courts any say over the case (Find Law, 2018). This law snatches the power of the court as the jurors or judge cannot give a criminal a fair trial, resulting in a complete violation of the Eighth Amendment. The judge should have his/her say over what needs to be done to ensure that the convict fully learns his/her lesson (ACLU, 2018). This method also overburdens the taxpayers by contributing to the overcrowding of the prisons by sending people to there when it may be unnecessary.
The “Three-Strike” Law is only effective after the second conviction and one needs to be convicted after the third crime (ACLU, 2018). It is just a concealer to a blemished criminal justice system. Therefore, as for me, the sentence to a crime should be left to the legislatures to det...
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