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Archive for August, 2007

08 30th, 2007

 

This is a theory and the definition of general deterrence. Deterrence is a theory of justice whereby the aim of punishment is to prevent or deter future mischief. It is often contrasted with retributive punishment, (which holds that punishment is a necessary consequence of a crime), and should be calculated based on the gravity of the wrong done, that also has an impact on general deterrence.  Deterrence can be divided into three separate categories.

            Specific Deterrence- focuses on the individual in question. The aim of these punishments is to discourage the criminal from the future criminal acts by instilling an understanding of the consequences.

            General Deterrence or Indirect Deterrence focuses on general prevention of crime by making examples of specific deviants. The individual actor is not the focus of the attempt at behavioral change, but rather receives punishment in public view in order to deter other individuals from the deviance in the future.

            Incapacitation- this is considered by some to be a subset of specific deterrence.  Incapacitation aims to prevent future crimes not by discouraging the individual but rather from taking his or her ability to commit such acts. Under this theory, criminals are put in jail not so that they will learn the consequence of their actions but rather so that while there they will be unable to engage in crimes.

            Rehabilitation (penology) - This theory of punishment is based on the notion that punishment is to be inflicted on an offender so as to reform him, or rehabilitate him so as to make his re –integration into society easier. Punishments that are in accordance with this theory are community service, probation orders, and any form of punishment which entails any form of guidance and aftercare towards the offender.


08 27th, 2007

 

The Death Penalty, many call it brutal, inhumane, disgusting, but others actually find it appropriate, a good alternative for punishing a criminal.  There are thirty-eight states that practice the death penalty, federal and U.S. military also practice the death penalty. There are five forms of execution, lethal injection, electrocution, lethal gas, firing squad, and hanging.

  Lethal injection is the sole method of execution in 17 states and the federal government, 20 other states also provide lethal injection as the primary method of execution, there are other alternatives to death just depending on what the inmates wants. Lethal injection is a combination of three drugs.  Sodium thiopental (sodium pentothal) which renders the prisoner to unconsciousness, pancuronium bromide known as a muscle relaxant, paralyzes the diaphragm and lungs and the third drug is potassium chloride which causes cardio arrest.

    Electrocution is only provided as an alternative in nine states, but it is the sole method of execution in Nebraska. The electrocution process consists of a wooden chair with restraints set on rubber matting and bolted to a concrete floor with connections to an electric current. The cycle begins with 2,300 volts for eight seconds followed by 1,000 volts for twenty two seconds, and last but not least another 2,300 volts for another eight seconds. When the cycle is complete, the equipment is disconnected and the circuit is behind the chair is disengaged, if the inmate is not pronounced dead the execution cycle is then repeated.

   Lethal gas is not a sole method of execution to any state, only four states offer it as an alternative. The execution takes place in a steel airtight chamber, equipped with a chair and attached restraints. Lethal Gas is a mixture of cyanide and sulfuric acid. This is released once three keys have been turned on. The death process last between six to eighteen minutes, and it takes about thirty minutes to clear the chamber (clean) of any lethal gas in the air.

   Hanging, the oldest method of execution in the United States, only exists in three states as an alternative to the lethal injection. Last but not least the firing squad, which is an alternative to the lethal injection in three states. Carried out by three to six shooters, aiming at the inmate’s heart, causing rupture of the heart the person normally dies from hemorrhage and shock.


08 27th, 2007

 

 Since the beginning of the human race until now, there will be and always have whether the action performed results in a bad or good consequence depends on, been people disobeying the law. Breaking the law may consist of an act that you may not have even known to be illegal. But this is no justification. If you break the law, you will be punished. It is a simple fact that will stand for as long as we have laws.
             The world is an unfair place where in which unfortunately many things cannot be proven. We base things on facts, evidence, and knowledge. Yet some situations give us less of the material we need to help prove a criminal act. This is why I also believe no person should be sent to jail unless they prove them guilty one-hundred percent. I do believe in the saying “innocent until proven guilty”.
             It would be a horrible thing to do years in jail for something someone else did. But if there is a crime and we find someone we can punish, we do it. If all of the evidence leads to someone, they will most likely be held liable for the action. And I still think that the punishments we give on most crimes are outrageous.
             Yes we have to punish for breaking the law. But why do we have to send someone to jail for twenty years for possession of cocaine? Why is marijuana illegal when alcohol can do so much worse to your body? Many of these questions may never be answered, so while they are illegal they remain a good way that you can get a one way ticket to prison.
             I believe the punishments we have no carry out the purpose they should. But we should know that they are far from perfect. And also that human’s are far from perfect, this is the life we live. And trying to condemn certain humans for doing acts that doesn’t hurt anyone else is beyond my knowledge. But while we walk this earth there are the laws we must obey. There are the “rules” we live by.


08 24th, 2007

             I don’t think that the punishments themselves are what of kind of being blown out of proportion, it is the sentencing. Giving someone twenty years in jail for possession of cocaine in my mind is ridiculous. There is no doubt in my mind that it is a despicable thing to do, but it is not hurting anyone else if some idiot wants to sniff his life away. If someone is going to be sentenced to twenty years in jail for cocaine, then why not the same sentence for marijuana?
             I understand that possession of cocaine is a serious offense, but twenty years for just having it sounds unbelievable to me. Yes drugs are extremely bad, but it is not like if you throw a bag of weed at someone they will fall on the floor and die. And there are some narcotics that I believe should not even be illegal. But yet again, that is only my opinion.
             Such offenses as gun charges are on point with the sentences that the courts give. If you are man enough to take someone else’s life with no concern, then you should be ready to give up your own life if you get caught. How can you live with knowing that you took someone off the face of the earth? That person will never be seen, hugged, kissed, or touched again. It is a harsh reality to comprehend.
             I even believe that people who rape other people should get the death sentence. You did not kill someone physically, but emotionally that person will “never” be the same again. Living life after being raped will obscure your emotions about being in love and having sexual intercourse. When the person who got raped is ready to have a child, all they will think about is how they got raped and their mind will bring them back to that awful traumatizing experience. Raping someone is by far one of the worst things a human can do to another human.
              It is a known fact that everything someone does in life has a consequence. Again, the action. If you kill someone you will not get the same punishment as if you steal a snickers bar from a store. There are so many different situations that can play out that will result in different punishments.


08 21st, 2007

            Let’s look at a less severe crime in which no human is physically harmed. In July 2004, White Construction Company in Tallahassee Florida was charged with six counts of grand theft. As a result, the company was placed on probation for thirty years and is barred from now on from doing business with Florida Department of Transportation (FDOT). The company was held responsible for paying restitution, the act of restoring something to its original state, costs of investigation and prosecution. The total amount owed from the FDOT totaled $1.5 million and was fined sixty-thousand dollars. If it was an individual committing to offense, they would most likely get about five years in prison. And that is just for theft of about one-thousand dollars.
             In addition, Luther M. White was placed on probation for thirty years and also banned from doing business with the FDOT. He was separately fined ten-thousand dollars and made liable with the company for restitution and costs. Mr. White was a family member who ran the company. This investigation was initiated by the Office of Inspector General of the Florida Department of Transportation, assisted by the Office of Inspector General of the U.S. Department of Transportation and the Florida Department of Law Enforcement.

            In Virginia, a man named William Eliot Hurwitz was charged with illegal and excessive distribution of drugs. He is a doctor in Virginia, and was prescribing some of his patients 1,600 pills a day. Hurwitz was sentenced to twenty-five years in prison and is ordered to pay a fine of one million dollars for his conviction on illegal drug distribution charges. He was also distributing oxy cotton illegally to some of his patients. The investigation was later named operation “Cotton Candy”.

            The world we live in is far from perfect. Whether we see the crimes being committed around us or not, they will occur. It is completely impossible to cease every person in the world from committing an unlawful act at one time or another. Yet, when we catch the criminals, they are faced to pay the consequences that the law demands which varies from state to state and country to country.