ArtsAutosBooksBusinessEducationEntertainmentFamilyFashionFoodGamesGenderHealthHolidaysHomeHubPagesPersonal FinancePetsPoliticsReligionSportsTechnologyTravel

Minnesota's Sentencing Guidelines Revised

Updated on June 4, 2017
Minnesota
Minnesota | Source

My opinion...

Minnesota's Sentencing Guidelines Revised, is a report made to conjure up different situations, and decisions. Since English common law was introduced in the early thirteenth century sentencing of convicted criminals has changed a lot. Although many different practices were put to play, the basic principle of atoning for wrong doings has been fundamental in deciding sentencing guidelines. Guidelines protect individuals from receiving cruel and unusual punishment through sentencing by following procedures set forth in the United States Constitution. Despite the fact, many crimes receive adequate treatment through the use of imprisonment, cash fines, probation, and even community service. Throughout this report the reader has the choice to determine their own thoughts of what crimes should be given more, or less time based on the information provided.

With Minnesota's expected rise in the professionalism of its officers, one would determine that the Sentencing Guidelines Commission would follow the same path. This has turned out to be true in some ways, yet false in others. Such as the sentencing guidelines set for convicted rapists, which call for a minimum of up to two years in prison. Some Minnesotan residents (including myself) believe that the charge is to lenient, and could encourage them to commit that same crime again. Here is a direct quote from Nancy Biele director of the sexual violence center of Hennepin and Carver counties, and the president of the National Coalition against Sexual Assault. "It's not enough time," "It's not enough for the crime. For every sexual assault there is a threat of death.... The community didn't look at this seriously and started looking at more severe [crimes] sentencing until someone got murdered" (Biele, 1988,01A).

Granted a rapist should go to jail for a much longer time than what is actually being implemented. Eventually there will be a despicable case whereas the prosecuting attorney will have to impose a harsher penalty, which might bring about public approval. Certainly no well-to-do citizen wants a rapist walking around their neighborhood, and parks. This is why Minnesota Sentencing Guidelines need to be revised, and enforced due to the nature of the crime.

With so much technology nowadays there should be a way to monitor these criminals; while having the monitoring system able to incapacitate the individual if he/she come too close to high risk areas such as a school, or park. I also believe that billboards should be posted with their picture in the area they live. R.F.I.D. chips should be implanted into these criminals. I think this should be implemented for every sex offender, for at least ten years after they are released on parole. This should be implemented because some criminals get out of the system the "easy" way. After all treatment, imprisonment, and parole don't work for every individual.

In addition to what was mentioned above unknown numbers of rapists are convicted of lesser crimes than those for which they were originally charged. Specifically under certain conditions, judges can depart from the guidelines, either increasing or decreasing sentences. Minnesota's sentencing guidelines were created, and effective in 1980. Still, others assume that the penalties are stiffer now than they were before the birth of sentencing guidelines in Minnesota. Regardless there are some laws that should receive harsher penalties than others. For instance stealing gas from a store is a minuscule crime compared to burglary.

There is no connection with these crimes, but they have almost the identical sentencing. Also most of the time the convicted get some county jail time, and are ordered into treatment programs. Some are ordered to pay restitution, and are given probation with no conditions. Nevertheless in Hennepin county, Minnesota district judges were distraught to find that "They count three prior car thefts the same as three prior rapes," (Lebedoff,1988,01A) Hennepin county district judge Jonathan Lebedoff complained.

Certainly three car thefts are in no way similar to even one rape. These crimes should in fact receive much different consequences in the form of sentencing. Indeed this is an example of why some sentencing guidelines need to be revised. In the past guidelines weren't as strict , but now in 2008 guidelines have been revised immensely. From the petty misdemeanors all the way to federal felonies the law has bulked up its resources to combat crime. Sentencing guidelines have been embodied with basic principles which keep guidelines somewhat rational. There are four principle guidelines according to the Minnesota Sentencing Guidelines Commission. They are as follows:

1. Sentencing should be neutral with respect to the race, gender, social, or economic status of convicted felons.

2. While commitment to the Commissioner of Corrections is the most severe sanction that can follow conviction of a felony, it is not the only significant sanction available to the sentencing judge. Development of a rational and consistent sentencing policy requires that the severity of sanctions increase in direct proportion to increases in the severity of criminal offenses and the severity of criminal histories of convicted felons.

3. Because the capacities of state and local correctional facilities are finite, use of incarceration sanctions should be limited to those convicted of more serious offenses or those who have longer criminal histories. To ensure such usage of finite resources, sanctions used in sentencing convicted felons should be the least restrictive necessary to achieve the purposes of the sentence.

4. While the sentencing guidelines are advisory to the sentencing judge, departures from the presumptive sentences established in the guidelines should be made only when substantial and compelling circumstances exist.

As has been said, there are certain sentences for crimes that should be changed. Indeed many guidelines have been updated to address concerns with sentencing criminals to the highest extent of the law. On the other hand most non-violent crimes should receive less of a sentencing depending on its severity level. Violent crimes that hurt individuals physically or crimes that impose terrorism should be given higher sentencing. Throughout time sentencing guidelines will be sought after for providing fair and balanced atonement for crimes. Though sentencing guidelines may change over time one rule will remain and that is, it is up to the people of this great country to determine how the convicted will be charged.


References:



Dalglish, Lucy (1989, January 20). Guidelines Ruling Effect is Limited in Minnesota. St. Paul Pioneer Press, p. C13, Retrieved November 5, 2008, from Link No Longer Valid

Draper, Norman & Byrne, Carol (1988, July 10) State too easy on rapists critics say - Average is 3.6 years; many never go to prison. Minneapolis Star Tribune. Retrieved November 5, 2008, from Link No Longer Valid

Sentencing Guidelines and Commentary (Revised August 1, 2008) Retrieved November 5, 2008, from http://www.msgc.state.mn.us/msgc5/guidelines.htm

Comments

    0 of 8192 characters used
    Post Comment

    No comments yet.

    working

    This website uses cookies

    As a user in the EEA, your approval is needed on a few things. To provide a better website experience, hubpages.com uses cookies (and other similar technologies) and may collect, process, and share personal data. Please choose which areas of our service you consent to our doing so.

    For more information on managing or withdrawing consents and how we handle data, visit our Privacy Policy at: https://hubpages.com/privacy-policy#gdpr

    Show Details
    Necessary
    HubPages Device IDThis is used to identify particular browsers or devices when the access the service, and is used for security reasons.
    LoginThis is necessary to sign in to the HubPages Service.
    Google RecaptchaThis is used to prevent bots and spam. (Privacy Policy)
    AkismetThis is used to detect comment spam. (Privacy Policy)
    HubPages Google AnalyticsThis is used to provide data on traffic to our website, all personally identifyable data is anonymized. (Privacy Policy)
    HubPages Traffic PixelThis is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized.
    Amazon Web ServicesThis is a cloud services platform that we used to host our service. (Privacy Policy)
    CloudflareThis is a cloud CDN service that we use to efficiently deliver files required for our service to operate such as javascript, cascading style sheets, images, and videos. (Privacy Policy)
    Google Hosted LibrariesJavascript software libraries such as jQuery are loaded at endpoints on the googleapis.com or gstatic.com domains, for performance and efficiency reasons. (Privacy Policy)
    Features
    Google Custom SearchThis is feature allows you to search the site. (Privacy Policy)
    Google MapsSome articles have Google Maps embedded in them. (Privacy Policy)
    Google ChartsThis is used to display charts and graphs on articles and the author center. (Privacy Policy)
    Google AdSense Host APIThis service allows you to sign up for or associate a Google AdSense account with HubPages, so that you can earn money from ads on your articles. No data is shared unless you engage with this feature. (Privacy Policy)
    Google YouTubeSome articles have YouTube videos embedded in them. (Privacy Policy)
    VimeoSome articles have Vimeo videos embedded in them. (Privacy Policy)
    PaypalThis is used for a registered author who enrolls in the HubPages Earnings program and requests to be paid via PayPal. No data is shared with Paypal unless you engage with this feature. (Privacy Policy)
    Facebook LoginYou can use this to streamline signing up for, or signing in to your Hubpages account. No data is shared with Facebook unless you engage with this feature. (Privacy Policy)
    MavenThis supports the Maven widget and search functionality. (Privacy Policy)
    Marketing
    Google AdSenseThis is an ad network. (Privacy Policy)
    Google DoubleClickGoogle provides ad serving technology and runs an ad network. (Privacy Policy)
    Index ExchangeThis is an ad network. (Privacy Policy)
    SovrnThis is an ad network. (Privacy Policy)
    Facebook AdsThis is an ad network. (Privacy Policy)
    Amazon Unified Ad MarketplaceThis is an ad network. (Privacy Policy)
    AppNexusThis is an ad network. (Privacy Policy)
    OpenxThis is an ad network. (Privacy Policy)
    Rubicon ProjectThis is an ad network. (Privacy Policy)
    TripleLiftThis is an ad network. (Privacy Policy)
    Say MediaWe partner with Say Media to deliver ad campaigns on our sites. (Privacy Policy)
    Remarketing PixelsWe may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites.
    Conversion Tracking PixelsWe may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service.
    Statistics
    Author Google AnalyticsThis is used to provide traffic data and reports to the authors of articles on the HubPages Service. (Privacy Policy)
    ComscoreComScore is a media measurement and analytics company providing marketing data and analytics to enterprises, media and advertising agencies, and publishers. Non-consent will result in ComScore only processing obfuscated personal data. (Privacy Policy)
    Amazon Tracking PixelSome articles display amazon products as part of the Amazon Affiliate program, this pixel provides traffic statistics for those products (Privacy Policy)