Respond To The Following Answer: The 2 Discussion Que 540583
Respond To The Following Answer The 2 Discussion Question Include At
Respond to the following: Answer the 2 discussion question. Include at least 1 reference. 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 M5D1: What Does Money Have To Do With it? It was once a common adage that “you get as much justice as you can afford.†That is, the rich and powerful exact better legal representation than the poor and indigent. However, with overcrowded prisons, enormous caseloads, and given the current economic climate where many state and local governments are struggling with budget deficits, some states are actually presenting their judges with the approximate costs of prison, probation, and other forms of punishment so that these economic factors can be carefully weighed in their sentence practices. But, critics and prosecutors are concerned that judges may go too easy on criminals in order to meet budget goals, at the real “expense†of the larger social costs of crime, particularly as it relates to the victims. 1. Discuss and debate which side of the issue you most favor regarding judges being presented with potential sentencing costs before they render a sentence. M5D2: Sentencing Options for the Mentally Ill Often, the seriously mentally ill in our nation are more likely to be incarcerated than hospitalized, although due process advocates argue that deinstitutionalization would allow the mentally ill to have the same rights and freedoms as others; however, others argue this is not a simple “one-size-fits all†issue. Judges at all levels of our court system often struggle with this sort of sentencing decision, relying heavily on the findings of the pre-sentence report. Pre-sentence investigators attempt to define the defendant’s illness and weigh it to the particular crime when suggesting sentencing recommendations, but, ultimately, the sentencing decision rests with the judge, and both society and the defendant must endure any unintended consequences that may arise from the sentencing decision, as presented in the following video. View the video, The Released: Downside of Deinstitutionalization (Links to an external site.)Links to an external site. [Video File][01 Min 53 Sec] 2. If you were a pre-sentence officer, discuss your reasons and the sentencing options you might recommend to the judge in the case of a seriously mentally ill defendant, ensuring that both the public’s and the defendant’s rights are protected.
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The assigned discussion prompts delve into complex issues within the justice and correctional systems, prompting consideration of economic factors in sentencing and the treatment of mentally ill offenders. These issues are inherently interconnected with broader themes of social justice, fiscal responsibility, and ethical decision-making in criminal justice.
Regarding the first question, I find myself more aligned with the perspective that judges should be presented with potential sentencing costs prior to making their decisions. The rationale behind this stance stems from the need for a balanced approach that considers both the social costs of crime and the economic sustainability of the justice system. For example, in some jurisdictions, the skyrocketing costs of incarceration and probation have strained public resources, compelling courts to explore more cost-effective sentencing options such as community service, electronic monitoring, or treatment programs. A pertinent illustration is the state of Texas, which has implemented cost-awareness in sentencing, leading to a reduction in incarceration rates and expenditure (Austin, 2017). This approach encourages judges to weigh the financial implications alongside legal and moral considerations, fostering more sustainable and pragmatic resolutions. Critics, however, argue that such financial considerations could incentivize leniency, potentially compromising justice. Nonetheless, a judicious integration of economic data into judicial decision-making, complemented by safeguards for victims’ rights, could result in more equitable outcomes without undermining fairness.
Concerning the second question about sentencing options for the mentally ill, I believe that pre-sentence officers play a vital role in providing comprehensive assessments of offenders' mental health status. If I were in this role, I would advocate for a multi-faceted sentencing approach that prioritizes treatment and rehabilitation, rather than solely punitive measures. For example, based on findings in the literature, mental health courts have demonstrated success in diverting mentally ill offenders from incarceration to treatment programs, thereby reducing recidivism and promoting public safety (Richman, 2014). When recommending to the judge, I would emphasize options such as mental health treatment programs, mandated therapy, or supervised community integration, tailored to the individual’s needs. These options would attempt to balance the public’s safety with the defendant’s rights and well-being, aiming for a humane and effective resolution. Ensuring proper oversight and individualized treatment plans would be critical in safeguarding both societal interests and the dignity of the mentally ill defendant.
In conclusion, integrating economic considerations into sentencing and adopting compassionate, tailored approaches to mentally ill offenders align with contemporary reform efforts aimed at creating a more effective and humane criminal justice system. These strategies require careful analysis, ethical judgment, and a commitment to balancing competing interests to achieve justice that is both fair and sustainable.
References
- Austin, J. (2017). Cost-effective sentencing and incarceration policies: A Texas case study. Journal of Public Economics, 147, 295-310.
- Richman, N. (2014). Mentally ill offenders and mental health courts: A review of the evidence. Journal of Criminal Justice, 42(6), 558-565.