The "test for proportionality" as implemented by the U. S. Supreme Court in 1983 is extremely important in sentencing today. Discuss the relevance of the test of proportionality and how might it relate to racial disparity in corrections
What will be an ideal response?
Answers should contain the following discussion points:
How the test of proportionality relates to racial disparity is that there is a specter of discrimination on how sentences are imposed, that is, minorities are getting longer sentences and/or more sentences to incarceration than the white majority. This may be accurate, but is it a result of racial inequities or simply sentencing guidelines? Students should address the issues related to the test of proportionality which include: a criminal sentence must be proportionate to the crime for which the defendant has been convicted ? and be guided by objective criteria, including (i) the gravity of the offense and the harshness of the penalty; (ii) the sentences imposed on other criminals in the same jurisdiction; and (iii) the sentences imposed for commission of the same crime in other jurisdictions. Students should also recall that this test was initiated by the U.S. Supreme Court case of Solen v Helm
You might also like to view...
A ?________? is a temporary detention of a person
Fill in the blank with correct word.
Which of the following proposals would due process advocates least likely support??
a. Abolish federal diversity jurisdiction except in certain cases.
b. Abolish concurrent jurisdiction on crimes punishable by both state and federal law.
c. Creation of several new Article I legislative courts.
d. Limit ability of prisoners to file civil rights lawsuits.
The _______ era of policing involved close ties between police and local leaders of government.
A. political B. professional C. community policing D. reform E. federalist
Which of the following is a statistical summary of crimes reported by the police to the FBI?
a. the NCVS b. the DBR c. the UCR d. the NIBRS e. the BIS