Reference no: EM132187181
Respond to the following: Answer the discussion(X2). Include at least 2 references.
A good response to a written question should combine your personal experiences with theory to support your work. Be thoughtful and insightful and it must demonstrate critical thinking and analysis. A good response to the question should be about 3-4 paragraphs, and address all of the issues that are raised.
(Introduction, body and conclusion.) Thank you. When answering discussion questions use an example in your answer. These examples can be from your own experience or from something you've read in the news, on the internet, or from any other credible source
D1: What Works in Sentencing?
The renowned Italian criminologist, philosopher, and economist, Cesare Beccaria, revolutionalized criminological practices and thought when he published his now world famous Essay on Crimes and Punishments (1764).
It suggested that swift, certain, and severe punishment, in proportion to the crime, was the most civilized way of deterring crime and punishing criminals. Although Beccaria's treatise had a profound influence on criminal law and procedure in Europe and America, policy makers today are still debating effective measures in sentencing and punishing criminals.
Some suggest that fitting punishment to the crime is the best approach; others argue that tailoring punishment to suit the criminal is best. After the 1970's three ideas came to dominate sentencing, and certain demands within the sentencing guidelines, including mandatory sentencing, were also advanced.
Respond to the following:
1. Compare and contrast contemporary reasoning for adopting more fixed sentencing schemes with the reasoning for maintaining indeterminate sentencing. Evaluate the philosophical foundations and history.
D2: The Need to Balance Habeas Corpus
A writ of habeas corpus (a civil action to determine if the offender is being lawfully detained) has an extensive and notable history. It operated as a last resort against tyrannical English kings and became known as the great writ of liberty.
However, modern day courts in the America, particularly the Rehnquist Court, have emphasized the balance of interests that habeas corpus proceedings require.
On the one hand, there is the need to balance the constitutional rights of individuals and the need to control government misconduct. On the other hand, there are many other interests that also need to be weighed and balanced.
Respond to the following:
2. Discuss the full balancing of interests that habeas corpus proceedings require. Assess the merits of the other interests that also need to be considered, according to the Rehnquist Court. How do you think social change has broadened the interests that must be considered?