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1. Students dressed in uniform are better perceived by teachers and peers. If these teens where given a standard youth sentence, then there is an excellent chance that they would be back on the street by the age of 25. 31. 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. Bottled Water Ban. In fact, for drugs that are more frequently used by the African American community, there are even harsher sentences than those used by the majority white population. The Federal Sentencing Guidelines are non-binding rules that set out a uniform sentencing policy for defendants convicted in the United States federal court system that became effective in 1987. For better or for worse, the issuance of mandatory minimum sentences has become a central part of the countrys judicial system, taking the law out of the judges hands and putting it on a pre-defined idea of the appropriate punishments for corresponding crimes. Cohesion and Equality. We also have a responsibility as a society to give our children a fighting chance for success. Furthermore, since the punishments are predetermined, there is no room for judges and prosecutors to consider mitigating factors such as an offenders age, criminal history, or the circumstances of the crime.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[300,250],'ablison_com-banner-1','ezslot_12',631,'0','0'])};__ez_fad_position('div-gpt-ad-ablison_com-banner-1-0'); Its also important to consider the facts when it comes to mandatory sentencing. Alexander Crisostomo was ordered to stand trial as an adult for killing a 41-year-old man when he was just 15. They look into their behavioral records, their efforts to be rehabilitated, and other factors. The judge had sentenced him under the Colorado Sex Offenders Act, which provided a term between one day to life. It provides a measure of consistency for the severity of the crime. It is a complex and highly charged issue, and there are both pros and cons to such laws. Determinate sentences focus on retributive corrections, while indeterminate sentencing is associated more with the rehabilitative justice model. Stat. 42, 2154.2 (Purdon 2010) Tex. 1. Because mandatory minimum sentences assign lengthy terms to convicted individuals, the threat of a potential conviction is used by law enforcement as an interview tool. With mandatory minimum sentencing, there is a guarantee that judgments will be uniform throughout the justice system, so offenders will be punished based upon their overall moral culpability. It limits the role of a judge. It creates a lifetime of negative impacts for the child because they have multiple obstacles in their way to create the change that is necessary assuming that they are not serving multiple decades in prison for their crime in the first place. They Stifle Creativity and Individuality. The following are the pros of uniforms in schools that can be confirmed by those who have not wasted time and enjoy the benefits of this approach in their schools: 1. Generally speaking, it is a judicial system in which a judge . Ultimately, there is no one-size-fits-all solution when it comes to mandatory sentencing. Indeterminate sentencing is a structure where a convicted criminal's sentence is given as a range. The goal may be to move up the chain of command, so the main operators of a crime syndicate can be removed, but because coercion is involved, there can be doubts to the accuracy of the information given. Determinate sentencing also has a cost. The United States is the only country in the world where the justice system will sentence children to death behind bars for the crimes that they commit. "Vittana: "10 Pros and Cons of School Uniforms.". This sense of uniformity helps to establish a sense of consistency and predictability in the criminal justice system.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[250,250],'ablison_com-box-4','ezslot_13',630,'0','0'])};__ez_fad_position('div-gpt-ad-ablison_com-box-4-0'); In addition, mandatory sentencing laws are often seen as effective deterrents. In 2016, approximately 9% of the known juvenile homicide offenders were under the age of 15. They eliminate personal bias from all parties. Though they often include some options, such as pants or shorts for boys and skirts, pants, or shorts for girls, they are generally all the same color.. 2. According to a 2020 report, the percentage of public schools that required school uniforms jumped from 12% in the 1999-2000 school year to 20% in the 2017-18 school year. Dress codes, on the other hand, are different from school uniforms. Indeterminate sentencing comes down to the inmate's behavior while incarcerated. words. Others point to the issue of overcrowded prisons and argue that such laws only exacerbate the problem. The law also set up a 100-to-1 sentencing ratio for crack cocaine versus powder cocaine offenses. School uniforms prevent the display of gang colors and insignia. 3. 2. 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. They are not effective, especially in cases involving alcohol-fueled violence. There are certainly some definite pros and cons to mandatory sentencing, and here are some of them: 1. In today's world, we have numerous cultures, ethnicities, and socioeconomic backgrounds. They eliminate the sympathy factor in litigations. Pros And Cons Of Mandatory Minimum Sentences. 2. In addition, this unfair practice primarily affects minorities more. Penal Code Ann. Offense Characteristics: Most guidelines systems have rules for ranking the seriousness of offenses. How to use pros and cons in a sentence. 5. Contrast an indeterminate sentence with a determinate sentence. Lets take a look at the arguments for and against mandatory sentencing. When children wear a similar uniform daily, they will have a similar identity and they won't compete over who wears expensive or fashionable clothes. Body paragraphs examples. By requiring a judge to hand out a mandated punishment for a crime, their role becomes quite limited. Lets go back to that case in Montana where a 30-day sentence was handed down for a teacher raping a student. Wearing the same clothes would lead to a feeling of team spirit, and make the employees feel that they are a part of the company. Patricia Spottedcrow sold a dime bag of marijuana to a police informant. Supporters of globalization argue that it has the potential to make this world a better place to live in and solve some of the deep-seated problems like unemployment and poverty. In later centuries, this practice became associated with the upper class, and boys at prestigious schools would wear very formal coats with button-up shirts and top hats. Two weeks later, she sold another $20 worth of marijuana to the same informant. On average, every 9-10 days a government in the United States executes a prisoner. The process is simple and straightforward. There is an argument to be made that a 17-year-old committing a severe crime understands what they are doing and is willing to take on the risk of experiencing the potential for legal consequences because of their actions. 1. The judge in Montana stated that the victim looked older than her age and that is why he issued such a light sentence. 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. A study conducted in 1999 showed that longer sentences had a 3% recidivism rate. 18 Major Advantages and Disadvantages of the Payback Period, 20 Advantages and Disadvantages of Leasing a Car, 19 Advantages and Disadvantages of Debt Financing, 24 Key Advantages and Disadvantages of a C Corporation, 16 Biggest Advantages and Disadvantages of Mediation, 18 Advantages and Disadvantages of a Gated Community, 17 Big Advantages and Disadvantages of Focus Groups, 17 Key Advantages and Disadvantages of Corporate Bonds, 19 Major Advantages and Disadvantages of Annuities, 17 Biggest Advantages and Disadvantages of Advertising. In some cases, it creates unjust sentences This response to the crime places them at a needless risk because a child is five times more likely to be sexually assaulted when serving time in an adult prison than they are if they are in a juvenile facility. Approximately 40% of the murders that occur which involve a juvenile include an adult as well. He also fell asleep during the pretrial motions of the case, which showed a lack of remorse to prosecutors. I would definitely recommend Study.com to my colleagues. Make it easier for students to get ready in the morning they're convenient. It shifts the personal bias. When Long Beach, CA, required all students in grades K-8 to wear uniforms, reports of assault and battery decreased by 34%. In this case, the 10-year-old girl allegedly dropped the baby boy, who then hit his head and began to cry. Parents should be free to choose their childrens clothes without government interference. One of the primary issues is the potential for overcrowding in prisons. There is also a higher level of susceptibility to negative peer pressure in youth. Tags. 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. They are not standardized, which usually means that students can wear most varieties of a specific type of clothing. The death penalty, also known as capital punishment, is the lawful imposition of death as punishment for a crime. 4. Parts of speech. In indeterminate sentencing, the release date calculation is up to the state parole board to review the case and determine the appropriate release date. The recidivism rates of juvenile offenders are typically much lower than they are for adults who are sentenced to jail or prison. In 2015-2016, 25% of public primary schools enforced a uniform policy, as did 20% of public middle schools and 12% of public high schools. latin. Though, the judge felt it was irrational and unjust. 8. This trend is prevalent in the United States among the minorities, who usually get harsher judgments when it comes to parole; compared to their white counterparts, a person's connections also play a part in determining a parole decision. In 2012, the Vera Institute of Justice found that the aggregate cost of prisons maintained in 40 states (not all 50 or any U.S. territories) was $39 billion. Determinate sentencing is a sentence structure that gives a convicted criminal a fixed prison time. Once the convicted criminal serves the minimum sentence, the parole board decides whether the person should be released. 4. It is important to note that any judicial system can have flaws and imperfections. List of Cons of Mandatory Sentencing. 25% of the people who were sentenced to life in prison as a juvenile have no possibility of parole. CTRL + SPACE for auto-complete. - Definition, History, Pros & Cons, What Is Community Service? Uniforms limit closet space. A parole board cannot review determinate sentencing, as the judge gives the final ruling. Uniforms may have a detrimental effect on students self-image. From data released in 2016, the OJJDP reports that known juvenile offenders were involved in approximately 700 murders in the United States. While legislation continues to push against the failures of the tough on crime approach over the past 20 years, mandatory minimum sentences will also continue to change, as the nature of law in the country is more accurately reflecting what the community needs. The mandatory minim sentences pros and cons serve as a debate regarding the foundation of how criminal justice is applied within a society. His indeterminate sentencing was therefore upheld. Prosecutors argued that her motivation for killing was motivated by robbery instead of self-defense. It creates an element of risk for the child while they are in prison. The United States Sentencing Commissions has produced a set of sentencing guidelines that recommend certain punishments for certain crimes while considering various factors. With mandatory minimum sentences extending the length of time prisoners must serve, there is a definite financial cost which must be considered with this practice. As a result, mandatory minimum sentences is seen as a new form of segregation, where a jail culture for African Americans has emerged, resulting in a higher incarceration rate among adults in the community. The problem with individualized sentencing is that bias can affect the process. One of the primary arguments in favor of mandatory sentencing is that it creates a sense of justice and fairness. This means that he is likely to commit an act unintentionally or involuntarily while in a sober state. It treats teens who are almost adults as part of the adult system for the purpose of justice. A Report of the NCSL Sentencing and Corrections Work Group. WebMD does not provide medical advice, diagnosis or treatment. Any decision has its own set of pros and cons. According to the journalist resource article, approximately 23 percent of schools in the United States require students to wear uniforms. - Definitions, Laws & Rules, What Is Parole? Even though they are juveniles because of their age, people under the age of 18 can commit severe crimes. While they have traditionally been used in many private and religious schools, they have become even more popular in recent years. They help eliminate personal bias. These robes were used as a way to standardize the dress among school boys, making it easier for school teachers to keep track of boarding school students. For mandatory sentencing, it helps create a standard of justice that can be applied equally to all parties that are charged with similar crimes. It comes with a high cost to taxpayers. According to the Office of Juvenile Justice and Delinquency Prevention, there are approximately 350 killed each year because of a lone juvenile offender. Having a dress code that requires a student's beltline exposed reduces the fear of a concealed weapon. In New York City, the cost per inmate is $168,000 per year. One particular part of the criminal justice system is mandatory minimum sentencing, which has become hot subject at the heart of the need to reduce the incentive of committing crimes and racial inequality. You can make many arguments about the various pros and cons of school uniforms and whether they are necessary. The Pros And Cons Of Mandatory Sentencing. . These laws, as outlined by the . In California, it costs over $70k to house a prisoner for one year, but the average income for a California household is less than $60k. Although there . 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. 2. Since the punishments are predetermined, there is no room for leniency or mercy, which can lead to overcrowding in prisons as many offenders are sentenced to long terms of incarceration. In his opinion, this option for the justice system should be limited to teens who are at least 15 years old and are repeat violent offenders. Why Do Schools Have Uniforms? Choosing a debatable topic allows you to select a balanced number of pros and cons. Most of the mandatory minimum sentencing laws in the United States involve drug possession, drug distribution, and similar criminal conduct. The goal of mandatory sentencing is definitely worthwhile to achieve, and if we are willing to take its pros and cons together and find a middle ground, then we can make its guidelines to have common sense areas of exceptions so justice can always be served. Dress codes at school can reduce acts of violence. This article was published on May 3, 2021, at Britannicas ProCon.org, a nonpartisan issue-information source. From patriotism to pragmatism--why Americans enlist. The problem with determinate sentences is that it makes everyone equal, no matter the circumstances. With mandatory minimum sentences, a guilty verdict means that the prosecutor is in more control of the sentence that offender receives. They have to behave while in prison and show that they are rehabilitated enough to rejoin society. When a person is intoxicated, there would be a change in his behavior or personality, which can affect his self-control. There are three issues: the work the prisoners do; whether they should have to do it; and how much they should get paid for it. Out of this group, African-American teens made up 43% of those who were filed upon during the study period for the report. Wearing uniforms enhances school pride, unity, and community spirit. This eliminates the anxiety between the conviction and sentencing phases of a trial and lets the court proceed in a quicker manner. It is used for coercion. This also means that there are more people in prison. Amit Kalantri, (author) Wealth of Words . The severity of a crime that a juvenile commits typically increases as they get older. There is a need to protect the general population against violent actions. Indeterminate sentencing considers all factors involved. Although the conduct is usually deemed to be violent, which makes the individual a threat to the general population, there is no way out of the system if you are a juvenile tried as an adult and then sentenced to life in prison. At some point, society needs to teach all youth, no matter what their home background may be, that there are actions which are permitted and ones that are not for the greater protection of everyone. In addition, they keep students safer by making sure they are obviously dressed as students. The most significant criticism of alternative sentencing involves deterrence. 14 chapters | In the United States, it is still a mandatory minimum sentence for serious crimes, like treason. She asked her 9-year-old son for some change, since the transaction occurred at her home. 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. As of Sep. 2014, students at Christs Hospital were still wearing the same uniform, and according to the school it is the oldest school uniform still in use. There are differences between determinate and indeterminate sentencing, starting with the definitions. It has also been incorporated into certain statutes to stop specific crimes from happening, such as those related to drugs or guns. There are many school uniforms pros and consone major argument against school uniforms often posed by students in the school uniforms debate is that school uniforms . Instead of dealing with personal bias, everyone has the same playing field in the justice system and can make decisions that they feel are best for themselves, their communities, or society in general. It becomes an accessible public record which employers, landlords, and others would research, which could limit their access to certain jobs or housing situations. 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. It provides the community with an opportunity to have a say in the process. They would unfairly target minority groups. 1. If the pre-teens or teens are tried and convicted as an adult, then this action stays on their permanent record. However, there are also some drawbacks to mandatory sentencing laws. It does not take into account the maturity of the child. It encourages an environment where coercion exists. As Andy, a fellow inmate of . School uniforms promote conformity over individuality. What are the pros and cons of each? School uniforms do not improve attendance, academic preparedness, or exam results. Determinate sentencing takes any question of bias out of the sentencing portion of a trial. One recent case in Montana involved a teacher who received a 30-day prison sentence for raping a 14-year-old student of his. Uniforms at school also reduce the prevalence of violence, which is a major concern . When teens under the age of 18 are charged with an adult crime, then one could argue that they are not having their case reviewed by people who are authentic peers. To come up with a well-informed opinion whether the issuance of mandatory minimum sentences is reasonable or not, let us take a look at its pros and cons. All other trademarks and copyrights are the property of their respective owners. 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. Determinate sentences are prison terms that have definite lengths of time to be served . 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. An outraged . It does not include the sympathy factor. Ann. Make laundry less of a hassle for parents. In another case from the state of Wisconsin, two 12-year-old girls were accused of repeatedly stabbing their classmate to honor the Internet character Slenderman. The Supreme Court for the state made the decision to try these two girls as adults. In theory, mandatory minimum sentences can help law-enforcement officials to move up the chain of command in organized crime. Brain imaging reinforces the differences in physical structures that can impact the ability to reason or weigh the consequences of an action in children. The four largest cons of wearing school uniforms are: 1. It helps with decreasing crime. By transferring the case to the adult court system, it provides an opportunity for the community to weigh in on what they believe the outcome of the case should be. It triggers a shift in personal bias. This ranking is typically based on how the . The economic burden of court costs, legal fees, restitution, and visitation can have long-term consequences for everyone involved. Judges sentence based on the recommendations of a jury, a plea agreement, or a bench trial. And since prosecutors are part of the executive branch, while the judicial branch has almost no role in giving sentences, the democratic systems checks and balances will be removed.