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Proposed Regulation Changes, Research Paper Example

Pages: 2

Words: 545

Research Paper

The Sentencing Reform Act

I have chosen the Sentencing Reform Act where progressivism is seen with the creation of “an expert and independent agency, the United States Sentencing Commission.” (“Introduction to the Sentencing Reform Act”).  This bipartisan commission is set forth in the judicial committee to establish a research and development program of which sentencing can be measured and further penal and corrective practices can be monitored. This is a new scientific approach to the fixing of social problems. Bringing independent expertise to public policy is a progressive tool to insulate passion from politics.

SRA was transformed from the “original liberal blueprint to the law and order measure of increased severity of punishment to virtually eliminated judge’s discretion to consider individual offender characteristics as stated by Stith & Koh, 1993). In 1983-1984, “Senators Strom Thurmond and Paul Laxalt, during the 98th Congress, introduce S. 829, comprehensive crime control legislation that contains sentencing reform as Title II. Senate Judiciary Committee holds hearings and breaks S. 829 into several bills, including S. 1762, the Comprehensive Crime Control Act of 1983, which contained a major section on sentencing reform, and S. 668, a bill by Sen. Kennedy virtually identical to Title II. The House Judiciary Committee reports out H.R. 6012 that calls for determinate parole terms and the creation of a part-time commission

within the Judicial Conference to draft advisory sentencing guidelines. The bill is not considered by the full House. An amended Comprehensive Crime Control Act is made part of a continuing appropriations bill, is passed by both chambers of Congress, and is signed into law by President Reagan on October 12, 1984. The portion of the act creating the United States Sentencing Commission and instructing it to create sentencing guidelines for the federal courts is

termed the Sentencing Reform Act of 1984. Pick a proposed regulation change and state the administrative agency which controls it.” (“Introduction to the Sentencing Reform Act”).

This agency interests me because there is a tremendous and long desired need to monitor and control the power judges have over sentencing offenders to ensure they sentence according to Constitutional Rights. Judges have the right to impose a fixed or indeterminate sentence of which some see indeterminate sentence as being biased based on racial or ethnic prejudice. This new reform hopes to minimize and eliminate any backlash and prejudice related to sentencing guidelines and related pressures bringing equality across the board.  This new law will affect governmental agencies including police departments because they will be less frivolous with arrests and ensure they have probable cause before making petty arrests.

My public comment is to hold judges accountable for their sentencing terms according to the laws proscribed by the state and federal agencies and according to human rights. I will advertise my stance online and through picketing in front of the capital at Washington, D.C. to promulgate my status and enforce the process to see that the bill becomes a law.

Under federal Section 882 (c) (2,) as seen in Swallows Holdings Ltd v Commission of Internal Revenue Service, it was held that the company need not comply with regulations in order to secure deductions and credits. The filing therefore is invalid and the company did not comply with such regulations.

References

Introduction to the Sentencing Reform Act Retrieved July 14, 2010 from, http://www.ussc.gov/15_year/chap1.pdf

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