Thompson, Glen Olives. "Slowly learning the hard way: US America's war on drugs and implications for Mexico." Norteamerica 9.2 (2014): 59-83.Retrieved from: https://doi.org/10.20999/nam.2014.b003
Thompson (2014), in this article, Slowly Learning the Hard Way: U.S. America's War on Drugs and Implications for Mexico conducts discussion regarding the failure of U.S Drug Control Policy and further outline its implication of Mexico. The U.S Drug Control policy is grounded on punitive reasoning of deterrence, which assumes that targeting the drug supply through belligerent law execution will deter the abusing of drugs by making drugs more costly, scarcer, and risker to purchase. The article claims that this approach of controlling drugs in the U.S is not only failing but also causing other damages such as reinforcing abusive militaries at the expense of already fragile civilian organizations in countries such as Mexico and eroding and overpowering the American criminal justice system. The article has precisely and adequately provided arguments point reality of matter; the drug approach is under- implement but rather poorly designed, incompetent to challenge the market soundness of the drug trade and hence, opposing the view of the Washington drug strategy findings that offer reasons such as poor enactment and insufficient funding to the failure of the policy.
Turner, Jenia I. "Managing Digital Discovery in Criminal Cases." J. Crim. L. & Criminology 109 (2019): 237.
The rapid growth of digital technology and its extensive usage in every aspect of life are producing progressively complex discovery concerns in federal criminal cases. Therefore, this article investigates the explosive advancement of digit evidence in criminal cases, and the key finding of the article is that the civil litigation framework has challenges. Nonetheless, it needs to establish a new ground to address those challenges. Further, the article offers three recommendations that be used by the criminal system to curb the challenges facing the usage of digital pieces of evidence in criminal cases. By providing practical e-discovery guidance, the article addresses one of the main problems the Federal Rules of Criminal procedure faces. Federal Rules of Criminal Procedure provide little assistance to judges and litigants entailing how to conduct e-discovery as the Sixth Circuit noted in United States v. Warshark rule. Thus, this can be used as one reference when generating guidance for- e-discovery for Criminal cases. Bowman and Travis (2012) claim that individual and emotional costs to the previous delinquent and both the social and financial costs to the community and criminal justice system makes a successful process of reintegrating previously incarcerated persons into community. This present study by the two authors is based on the implication of their previous studies that examined successful reentry using psychological and structural criminal justification to provide insight for a better understanding of the step involved in recidivism. Thus, this present research was based on verbal behavior as a theoretical basis. The study used 128 previous incarcerated individuals and reentry service givers as its sampling population. The article opens with an excellent overview of Skinner's theory of verbal behavior, which has significant implications for audience understanding of the research. Additionally, the results and discussion of the findings are exceptionally appropriate to the future of this line of study.
Cole, David. "The Disgrace of Our Criminal Justice." New York Review of Books (2014).The Disgrace of Our Criminal Justice by David Cole tells narration of Bryan Stevenson with his fellow workmates at the Equal Justice Initiative, Alabama, who are inspiring opposes against the death penalty. The team achieved to save the life of several people from death row in Alabama, similarly winning cases on the Supreme Court case imitating the imposition on adolescents of sentences of life without bail. Besides, the author uses the example of Walter Mc Milian, who is black to pinpoint illness and unjust in the American Criminal system. Mr. McMillian was convicted and sentenced to death for the murder of a white woman. Yet, he was innocent Stevenson proved the court the witnessed had falsely witnessed against Walter, which lead to the release of Walter after spending six years on death row. David Cole, in this article, uses all portions of cases amongst many other narrations to illustrate the negative side of the American Criminal system. It helps to air out challenges that the vulnerable community faces in America. Nonetheless, it could have also included the problem from the criminal justice system perception to give a reader full perspective of the issue.
Matz, Adam K. "COMMUNITY CORRECTIONS AND THE HEALTH OF CRIMINAL JUSTICE POPULATIONS." Journal of Health and Human Services Administration 41.3 (2018): 348.
The article offers an overview of health challenges found on probationers and parolees that may combine with behavioral patterns that result in the recidivism of former offenders. In addition, it calls for collaboration of health organizations and community service providers to ensure the achievement of goals of community supervision. Community supervision stands as the most reliable form of correctional in America. The program tries to achieve several purposes, including easing institutional crowding and cost, curbing future criminal behavioral through rehabilitation, community reintegration, and surveillance. The article tends to fill in the literature gap found in the field of criminal justice journals; policymakers can use it to reinforce the program to increase its effectiveness.
Hofer, Paul. "After Ten Years of Advisory Guidelines, and Thirty Years of Mandatory Minimums, Federal Sentencing Still Needs Reform." U. Tol. L. Rev. 47 (2015): 649.
The history of SRA has been with many controversies for the most extended period; the guidelines were put on a place with an objective of providing integrity and equality in sentencing by abolishing parole and giving judges clear guidelines for fair sentencing. The guidelines would help assign punishment sensibly while shielding the public and penalizing the defendant in the case of United States vs. Booker, the Supreme Court gave several sentencing discretion to judges; however, the Court insisted that the Guidelines dishonored the Sixth Amendment right to a jury trial because it got facts above the guideline window.
In this case, Booker failed to institute the equilibrium required in federal sentencing. Mandatory minimums are still practiced and persist in superseding judicial discretion and the guidelines in place. Most guidelines are disregarded, especially those associated with drug trafficking charges, where the recommendation is dependent on the amount of the drugs involved. Considerable Sentencing discretion vestiges with prosecutors. The writer acknowledges that prosecutors employ them for reasons outside the purposes of punishment. Although Booker's stimulated severe thinking on the guidelines, most sentences passed are hesitant to adopt a vital policy of evaluation.
Kakade, Meghana, et al. "Adolescent substance use and other illegal behaviors and racial disparities in criminal justice system involvement: Findings from a US national survey." American Journal of Public Health 102.7 (2012): 1307-1310. Retrieved from: https://ajph.aphapublications.org/doi/full/10.2105/AJPH.2012.300699
One of the most neglected aspects of imprisonment in the United States is the quantitative and qualitative aspects. The courts have always shown great unwillingness to give mitigatory weight to harsh prison conditions. It is acknowledged that the court might have reasons for this, but it is essential and rational to consider the qualitative over quantitative of a sentence. The court, in most scenarios, fails to put into consideration the conditions in which the defendant who will be incarcerated. Harsh prison environment such as serving in solitude and with limited access to workout, staff, and interaction with other inmates should make the court evaluate the length of term to be served by an offender. However, if this is considered inmates would wish to act up so that they are sent to the harsh condition prison and have their sentences bargained. According to the writer, it is important that the inmates, who are serving sentences in harsh conditions, obtain a cutback in their prison term, unlike those in regular prisons. The principle of mitigation must be factored in whether the offender is in the protective or super-maximum security part of the prison.
Bagaric, Mirko, Richard Edney, and Theo Alexander. "(Particularly) burdensome prison time should reduce imprisonment length-and not merely in theory." Melb. UL Rev. 38 (2014): 409.Retrieved from
The United States rules on drugs have played a role in amplifying the rates of imprisonment particularly to African American natives, even though the rate of substance use and misuse between African American are either alike or lesser to those of whites. White youths' rate of substance use was more than that of the African American teenagers; also, drug-selling operations were higher amongst the white teenagers in comparison with that of African American youths. Arrest rate among the African American youths was higher than that of the whites with substance use. In both scenarios, race was an essential factor. The degree of race outcome on arrests reduced when several socio-economic aspects were attuned, which showed that racial disparities overlapped with social class disparities. Nonetheless, according to the article, this finding's objective is to highlight the differences in arrests on the grounds of ethnic background. This article also portrays the racial founded apprehensions conflict with the U.S government regulations, and it seems to target the African American youth.
Fagan, Jeffrey. "Juvenile crime and criminal justice: Resolving border disputes." The Future of Children (2008): 81-118. Retrieved from: https://www.jstor.org/stable/20179980
According to Jeffrey Fagan, there has been a significant rise in juvenile offense rates. The Transfers' decisions which are solely dependent on the legislatures and the prosecutors. The nation has since then experienced a higher number of teenagers been transferred to the adult prison system. Unfortunately, 25% of the teenagers who are below eighteen years have been prosecuted in the courts; in most states, the age boundary for juvenile prosecution has been reduced to sixteen years. Therefore, in most cases, teenagers above sixteen years of age stand trial in the criminal court. The policy of transfer is sure a sensitive issue that raises heated debate among many; the legislative waiver may create less racial disparities for the teenagers under the jurisdiction of criminal law than waivers by judges. The article articulates that the bottom line is that the change will depend on the practical policies that are steered toward restoring discipline in the youths; it is preferred that the judges decide on transfer cases.
Ryan, Liz. "Youth in the adult criminal justice system." Cardozo L. Rev. 35 (2013): 1167.Retrieved from: http://cardozolawreview.com/wp-content/uploads/2018/08/RYAN.35.3.pdf
In most cases where youth are incarcerated through an adult court, they are placed on adult probation and are released on their 21st or 25th birthday. Nearly 2700 juveniles are imprisoned in adult jail and are exposed to the dangers of sexual assault, suicide, and violence that might lead to their death. Traditionally from 1899, the only instance a youth would be tried in an adult court was only if the teenager was beyond rehabilitation interventions conducted by the ju...
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