Prosecutors charge based on the actions of the individuals involved in an alleged crime. The couples 12-year-old daughter was missing from the home, so the first inclination for law enforcement was to think an abduction occurred. They stop unjust sentencing practices. 2. It encourages an environment where coercion exists. Up until the 1960s, capital punishment was a mandatory minimum sentence for murder. While school uniforms are seen as a positive for helping to erase visible social-class differences in schools (rich vs poor), they also have the negative effect over erasing cultural differences. These offences include first and second-degree murder, a series of firearm-related offences, impaired driving and related offences, high treason, and gambling offences (Gabor and Crutcher 2001). Her boyfriend was 23 and a self-proclaimed 300-year-old werewolf. Jasmine was given 10 years in prison. By sentencing them in a way that is similar to what an adult would receive, these older teens do not receive credit for the fact that they may only be a few months away from becoming a legal adult in the United States. "Vittana: "10 Pros and Cons of School Uniforms.". It is a complex and highly charged issue, and there are both pros and cons to such laws. The system is prone to manipulation. Uniform sentencing. Before deciding whether or not to adopt mandatory sentencing laws, its essential to take a deep dive into the situation and assess its effectiveness. Someone who is in their 40s is going to have a very different life perspective than someone who is 16 years old. The judge in Montana stated that the victim looked older than her age and that is why he issued such a light sentence. A parole board is a panel that reviews an offender's criminal record while in prison to determine their eligibility for parole. A higher proportion of schools located in cities had mandatory uniforms in 2015-2016 than schools in suburban, town, and rural areas. Most of the mandatory minimum sentencing laws in the United States involve drug possession, drug distribution, and similar criminal conduct. The defendant appealed after serving 37 years for a crime that carried a maximum sentence of 24 years. It comes with a high cost to taxpayers. Amit Kalantri, (author) Wealth of Words . In addition, this unfair practice primarily affects minorities more. Some people think that school uniforms can help make schools safer for kids. Often, uniforms are only available from a limited number of suppliers and the lack of competition (and captive market) keeps prices high. Lets see what there are. Although students and even most parents do not agree to apply school uniforms many of large schools in all the world started . 4. Mandatory uniforms were far more prevalent in high-poverty schools (in which 76% of students were eligible for reduced-cost or free lunch programs) than in low-poverty schools. Student Safety. There is a need to protect the general population against violent actions. According to the journalist resource article, approximately 23 percent of schools in the United States require students to wear uniforms. People who are convicted of a felony have an exceptionally difficult time trying to find employment in our current economy. In Montana, the minimum mandatory sentence for a rape conviction, based on the charges filed, was 2 years. They eliminate the sympathy factor in litigations. Although the goal of these laws may have initially been to punish the most serious offenses, they have been applied for laws that are not serious or violent over the past 20 years. Because of the severe sentencing guidelines that are required by a mandatory sentence, it can reduce crime levels in all targeted categories. It provides a measure of consistency for the severity of the crime. Give equal weight to both the pros and the cons. These mandatory minimum sentences pros and cons show us that it may be beneficial to have them for serious crime. They shift the personal bias in trials. If the pre-teens or teens are tried and convicted as an adult, then this action stays on their permanent record. "ProCon: "Should Students Have to Wear School Uniforms? It can be used to target specific groups of people. On average, every 9-10 days a government in the United States executes a prisoner. Because the individual is being treated as an adult in the situation, some jurisdictions limit how victims can civilly pursue for damages that they may have suffered in that situation. When deciding to charge the young boy as an adult, the district attorney argued that Kocher lied in his answer and lying is an adult response. Sometimes, having a school uniform helps a school meet certain needs and expectations of the parents whose students will attend it. When you're writing a pros and cons essay, you must follow two important guidelines. When Christs Hospital surveyed its students in 2011, 95% voted to keep the traditional uniforms. When mandatory minimum sentencing was first used in the countrys justice system in the 1980s, there was seen a significant decrease in crime across all categories while the sentences were handed down. Sentencing guidelines are one mechanism that can be used to implement determinate sentencing. There are four articles of defense which can shift that penalty to something shorter, but it requires adequate provocation, unnecessary defensive force, the prevention of a felony, or the event occurred through coercion or necessity. In other words, they have the power to choose whether or not they will charge offenders crimes that carry a minimum mandatory sentence. She was given clemency in 2019 after serving 15 years in prison for the crime. In one occasion, a desperate mother of four was once paid USD100 to mail an unknown package to someone that contained hundreds of grams of crack cocaine, and the judge sentenced her to 10 years in prison, as the law dictated what had to be done even though the judge felt it unjust and irrational. There are untreated mental illnesses to consider, limited experiences in managing anxiety or trauma, and impulsive actions that are related more to biological development than logical outcomes. 1. Many harsh prison sentences are created to keep others from committing the same crime for worry of obtaining a similar sentence. For example, the person's criminal past and behavior in prison determine the length of prison time the inmate needs for rehabilitation. It creates a lifetime of effects for the child in question. 9. By establishing uniform standards for offenders, mandatory sentencing laws help to ensure that those who have committed similar crimes will receive similar punishments. The judge decided to hand out a sentence of 30 days anyway. Alexander Crisostomo was ordered to stand trial as an adult for killing a 41-year-old man when he was just 15. Please refer to the appropriate style manual or other sources if you have any questions. Although it does not happen often, young children sometimes decide to commit premeditated crimes, including homicide, and the criminal justice system must respond appropriately. Net Neutrality. Penal Code Ann. In the United States, the jury is not typically informed of a mandatory minimum penalty because there is a fear that knowing the sentence may affect the determination of innocence or guilt. Adolescents are struggling with decision-making skills that are underdeveloped, immature, and impulsive. However, opponents of this type of sentencing feel that parole boards get too much power when an offender's future is in their hands. According to the Office of Juvenile Justice and Delinquency Prevention, there are approximately 350 killed each year because of a lone juvenile offender. 3. On the one hand, some people argue that such laws are crucial in establishing a sense of justice and deterring would-be criminals. tit. In 2004 four (China, Iran, Vietnam, and the US) accounted for 97% of all global executions. Pros and Cons of Abolishing the Juvenile Court System Currently, there is no uniform juvenile court system in the United States. Charging juveniles in adult court will often cause exorbitant expenses that can often worsen the poverty that a family experiences. Climate Change. When a student wears a school uniform, they go to school with a study mindset. Here are some examples. Kids who wear uniforms are more likely to be bullied. Because there are no variables that change the sentencing guidelines of these convictions, someone going to trial will know immediately what their outcome will be if they are found guilty or plead guilty. Every day in the United States, offenders receive different sentences even if they caused the same harm because there are differences in culpability with each case. Parents should be free to choose their childrens clothes without government interference. Monkey Business Images/Dreamstime.com. What are the pros and cons of each? They eliminate personal bias from all parties. She was offered a deal of 2 years in prison, but plead guilty instead because she felt that having no prior convictions and only a small amount of marijuana would be extenuating circumstances. Work is surely better than idleness. Alternative sentencing does not have that effect. Pros And Cons Of Mandatory Minimum Sentences. Nevertheless, it is uncertain if harsh prison terms have a deterrent effect. 1. Indeterminate sentencing considers all factors involved. As a nation, the pros and cons of having juveniles being tried as an adult is a subject with which many have been grappling for generations. Indeterminate sentencing is preferred in many jurisdictions since it incentivizes prisoners to be on good behavior, offers prisoners a chance to take advantage of the benefits of imprisonment, and the parole board can make eligibility decisions based on a defendant's criminal history. Only 28 states have passed laws which ban employers from placing the conviction history of an individual on a job application. If inmates are constantly well behaved, they are much more likely to be eligible for early release. 1. To unlock this lesson you must be a Study.com Member. It is helpful in eliminating personal bias. While supporters say that it decreases crime and remove sympathy or bias from the litigation process, opponents argue that it unfairly targets minority groups in the US, destroying families and homes, as well as creating an institution where citizens are more likely to commit crimes in the future. Some of the reason offered to support school uniforms are the following: Preventing gang colors, etc. Indeterminate sentencing comes down to the inmate's behavior while incarcerated. 2. Ten Days That Vanished: The Switch to the Gregorian Calendar, https://www.britannica.com/story/pro-and-con-school-uniforms. They are not effective, especially in cases involving alcohol-fueled violence. There are many crimes which children commit that are severe and draw into question how safe a community would be if they were allowed to be set free or serve a reduced or alternative sentence. It helps with decreasing crime. Which method of sentencing do you believe is more effective? History and the War on Drugs . Between 2003 to 2006, the estimated number of juvenile murder offenders increased by 32% after the drop from the 1990s before it was able to fall by 31% through 2016. Stat. american. There may be some mental health supports available as well. Children of all different races, cultures, and ethnicities attend modern schools. Statistics gathered from 15 different states revealed that juveniles prosecuted in adult court and released from a state prison had a recidivism rate of 82% compared to a 16% rate for their adult counterparts. It does not allow for extenuating circumstances. When juveniles are with adults in the justice system, then their rates begin to climb to match those of the older offenders. They have the power to choose whether or not to charge the offenders . That placed the average taxpayer cost per inmate care at over $31,000 per year. A friendship is not a contract or a business deal where pros and cons are weighed. Police Body Cameras. Military recruiting stations are often humble affairs. This most often comes with drug convictions, but there are other examples that are on the books, such as the three strikes laws that require a life sentence on someones third specific felony conviction. The study found that community based sanctions . Advantages of uniform. The most significant criticism of alternative sentencing involves deterrence. One exception was found in government-run boarding schools for Native American children, first established in the late 1800s, where the children, who had been removed from their families, were dressed in military-style uniforms. The judge had sentenced him under the Colorado Sex Offenders Act, which provided a term between one day to life. Pro: School uniforms should be compulsory. By knowing that a drug offense may carry a standard 10 year sentence if found guilty, it can persuade people who are sitting on the fence about a choice to decide to follow the law instead of break it. All rights reserved. The Pros of Mandatory Minimum Sentences. Two weeks later, she sold another $20 worth of marijuana to the same informant. These cumbersome standards (and cumbersome clothes) eventually became more relaxed, though. 2. In sentencing, equality in practice looks rather dif-ferent from equality in theory. SOURCES:Connect Us Fund: "20 Disadvantages and Advantages of School Uniforms. However, there are also some drawbacks to mandatory sentencing laws. Be sure to weigh the pros and cons and then make a move. Uniforms may have a detrimental effect on students self-image. Some mandatory minimum sentencing laws have been implemented to control the amount of ammunition that can be held in a clip, even if the gun is not used in the commission of a crime. In Canada, over two-dozen offences in the Criminal Code carry mandatory minimum sentences. latin. Do School Uniforms Make a Difference? Here are the key points of debate to look at. Polo shirts or blouses, usually in plain colors like white and/or the colors of the school, Blazers, worn for more formal occasions (such as Mass at Catholic schools), Sweatshirts or some other form of sweater with the school's name or logo. They Stifle Creativity and Individuality. Conversely, the board has the power to deny the inmate release, keeping the person in custody until their next parole hearing. One of the most common types of mandatory minimum sentence in the US has something to do with drug use. In the world of criminal justice, the issue of mandatory sentencing is a complex and charged one. When schools introduce school uniforms, all their students must wear the same clothing to ensure a level playing field. Parole boards have too much power. They would unfairly target minority groups. Further, the judge will look at a presentence report and consider statements from the victims as well as the defendant and lawyers. By understanding the nuances of the debate, you can make an informed opinion on the matter and help to shape the future of criminal justice. A study conducted in 1999 showed that longer sentences had a 3% recidivism rate. As mentioned earlier, schools that have uniforms may use them as a way to standardize the dress code amongst their students. The offender is only released if the parole board approves them. From patriotism to pragmatism--why Americans enlist. An open kitchen has both pros and cons. Dress codes, on the other hand, are different from school uniforms. Con: There are many reasons against wearing school uniforms. Body paragraphs examples. And for clarity's sake, I should say that the idea has formalist underpinnings, but debating the pros and cons of this is for another time. He also fell asleep during the pretrial motions of the case, which showed a lack of remorse to prosecutors. The charges that are targeted for the most extensive minimum mandatory sentences tend to be those that minority groups are charged with the most. Additionally, assault with a deadly weapon decreased by 50%, fighting incidents declined 51%, and sex offenses dropped by 74%. But in practice, the sausage factory that is the American criminal justice system focuses not on equal inputs or fair processes but on uniform . In some cases, this works very well, but in other situations, its benefits are not always so apparent. Indeterminate sentencing used to be the rule in every state and for the federal courts as well. 5. These laws, as outlined by the . 2. Kofi Annan: Importance of Youth Leadership, Youth Leadership in Community Development, Taking Youth Leadership to the Next Level, How We Are Helping Chinese Disabled Youth, Front Loading Washing Machines Pros and Cons List, Flat Organisational Structure Pros and Cons List, 13 Key Pros and Cons of Dropping the Atomic Bomb on Japan, 35 Good Songs For 50th Birthday Slideshow, 22 Good Songs for 18th Birthday Slideshow, 42 Good Songs for 70th Birthday Slideshow. It removes the authority a judge has for sentencing discretion because it treats every convicted person in the same way. When 9-year-old Cameron Kocher fired a rifle out of a window, accidentally striking his 7-year-old neighbor who was riding a snowmobile, that may not be the case. 14 chapters | For mandatory sentencing, it helps create a standard of justice that can be applied equally to all parties that are charged with similar crimes. Sen. Rand Paul states, "Though only 5 percent of the world's population . What Is the Difference Between Uniforms and a Dress Code?. This is true in the justice system just as much as it is with any other state matter. CTRL + SPACE for auto-complete. The Supreme Court of the United States declared that all states must retroactively apply a band on mandatory death-in-prison sentences for juveniles. advantages and disadvantages. Bible Commentary Bible Verses Devotionals Faith Prayers Coloring Pages Pros and Cons, 12 Prevailing Pros And Cons Of Criminal Profiling, 50 Biblically Accurate Facts About Angels in the Bible, 50 Most Profitable Youth Group Fundraising Ideas for Your Church, 250 Ice Breaker Questions for Teen Youth Groups, 25 Important Examples of Pride in the Bible, Why Jesus Wept and 11 Lessons from His Tears, 25 Different Ways to Worship God and Praise the Lord. Lets take a look at the arguments for and against mandatory sentencing. - Definition, Laws & Example, Concurrent Sentence in Law: Definition & Example, Determinate Sentencing: Definition, Pros & Cons, Indeterminate Sentencing: Definition, Pros & Cons, Interstate Compact Agreement: Definition & Rules, Lethal Injection: Definition, History & Procedure, Mandatory Minimum Sentencing: Laws, History, Pros & Cons, Plea Bargain: Definition, Process, Pros & Cons, What Is a Life Sentence? Having a dress code at school promotes a more positive educational environment. This system places the lives of inmates in the hands of a few people on a panel, giving them too much power. Bottled Water Ban. I think librarians should really weigh . 2. The key findings used to tout the benefits of uniforms are questionable. This also means that there are more people in prison. It reduces the chance that a repeat offender will commit multiple severe crimes. Most parents and educators support mandatory school uniforms. December 19, 1984. While every effort has been made to follow citation style rules, there may be some discrepancies. Mandatory Sentencing: Pros. There are financial costs that must be considered, along with the safety requirements of a society. By knowing that the punishment for certain crimes is set in stone, potential criminals may be deterred from committing such offenses. As a nation, the pros and cons of having juveniles being tried as an adult is a subject with which many have been grappling for generations. Determinate sentencing occurs when a judge must sentence a convicted offender to a standard sentence that is dictated by the law. and LL.M. Despite his appeal to the Supreme Court, the sentencing was upheld. This was when the tough on crime policy of the early 1990s came to be, as well as other landmark legislations that had defined how the country treats people who are considered criminals. Show me examples. Generally speaking, it is a judicial system in which a judge . . 31. In indeterminate sentencing, the release date calculation is up to the state parole board to review the case and determine the appropriate release date. When Long Beach, CA, required all students in grades K-8 to wear uniforms, reports of assault and battery decreased by 34%. Determinate Sentencing: Definition, Pros & Cons. The United States is often ranked in the Top 5 countries for per-capita incarceration rates in the world. These sentences are usually reserved for crimes that are considered violent or serious, but have been applied to drug possession, gun ownership, and moral vices. Though every person deserves a fair chance, placing too lenient sentences would almost make it seem like offenders are getting away with the crimes they committed. His appeal argued for equal protection rights, but the court said that a heinous sex crime was not similar to a civil case that did not involve any crime. Although any crime deserves a potential consequence no matter how severe it might be, there is also a need to create a fair outcome which takes every element of the experience into consideration and that may not always happen when the decision is made to try juveniles as adults. It shifts the personal bias. According to the law, the parole board is allowed to grant parole on the condition that; When the prisoner is eligible, the inmate will get a parole hearing and, if granted the parole, will be released to rejoin society. One of the first records of school uniforms was made in 1222, when the Archbishop of Canterbury made a rule that students had to wear a robe-like outfit called a "cappa clausa." It is unconstitutional to try someone in court who doesnt know what is going on. It isnt always applied as it should. Though, the judge felt it was irrational and unjust. Here are some key ideas you can incorporate in the body of your essay: Explain the essence of having school uniforms on students, teachers, and learning institutions. For youth offenders the rates range from a low of 0% after 1 year to a high of 41% after 5 years when following up if they were sentenced to a youth facility. Reports produced from this collection summarize the movement of prisoners into . Pa. Cons. 9. In addition, they keep students safer by making sure they are obviously dressed as students. He had spent several years in solitary confinement as a teen at Rikers Island because he had allegedly stolen a backpack. It treats teens who are almost adults as part of the adult system for the purpose of justice. Many schools throughout the country have started using dress codes in recent years as a way to hopefully promote equality among students and improve academic success.