1)Locate and post media concerning determinate sentencing. The media may be obtained from the internet, newspapers, magazines or other sources.
2)After having posted the media you locate, begin by describing the content of the media and then
3)consider whether determinant sentencing should be viewed as permissible and necessary to deter crimes, or should it be prohibited so as to preserve the independence of the judiciary, permit discretion, and prevent the violation of the separation of powers?
4)Consider and discuss the arguments in favor of both positions.
5)Finally, set forth your own position and explain your position fully. You are not permitted to write on the Cunningham v. California case for this assignment.
You completed 1 and 2. You did not include 3, 4, but include part of 5, as it was not fully explained.
Directions
Description
Students will obtain their own media postings on determinant sentencing and answer the questions contained in the assignment.
In recent years in America we have all seen on the news a greater incidence of violent crimes. In an effort to deter such crimes the legislatures of the various States have attempted to provide for harsher sentencing. In doing so, the legislatures have dictated under laws passed that convictions for certain crimes will be punished by certain minimum sentences. This is called “determinant sentencing”. Determinant sentencing advocates argue that such sentencing is necessary to overcome overly lenient sentences imposed by certain members of the judiciary.
Some have responded to determinant sentencing by arguing that laws mandating fixed penalties deprives the judiciary of latitude necessary to adequately consider various factors involved in certain criminal activity such as age, experience, mental acuity, etc. Others have contended that eliminating discretion utilized by the judiciary is an overreaching by the legislature amounting to a violation of separations of powers. Such violations occur when one branch of government (executive, legislative or judicial) infringes upon areas intended to be controlled by another governmental branch.
Locate and post media concerning determinate sentencing. The media may be obtained from the internet, newspapers, magazines or other sources. After having posted the media you locate, begin by describing the content of the media and then consider whether determinant sentencing should be viewed as permissible and necessary to deter crimes, or should it be prohibited so as to preserve the independence of the judiciary, permit discretion, and prevent the violation of the separation of powers? Consider and discuss the arguments in favor of both positions. Finally, set forth your own position and explain your position fully. You are not permitted to write on the Cunningham v. California case for this assignment.
Please make sure you answer the question(s). Points will be deducted if you do not completely answer the question(s).
Answer the Media Posting 3 Question. Your discussion should consist of 50-100 words. Remember, unlike the Discussion Board, responses are not required for the Media Posting.