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Research On Recidivism System In American And Its Implications To Our Country

Posted on:2016-06-09Degree:MasterType:Thesis
Country:ChinaCandidate:P P ZhangFull Text:PDF
GTID:2296330479986979Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Recidivism is a important issue in criminal justice, the United States appears recidivism system “three strikes” leads to a controversy debates, people define recidivism, accurate and said it should be for “two guilty” and “three guilty” and even more four. Penalties for repeat offenders, the views of scholars is not the same, especially before the introduction of “three strikes” bill, each state penalties for repeat offenders has been in a relatively ambiguous attitude. Later, with the emergence of new patterns of crime changes, leading the United States to implement a more stringent penal policy.“Introduction” section of the general background of the establishment of recidivism regime made some brief introduction, a brief introduction of the recidivism system, introduces new changes in society at that time recidivism rates, and gradually occupied the dominant conservation retribution of ideological trend and recovery and so on.“Chapter one” is mainly about the establishment of the system on the basis of recidivism, the situation is repeated from the factual basis, the impact of various factors recidivism rates, and then some of the legal basis of the analysis, such as retribution, utilitarianism and mixed doctrine. Then introduced the criminal policy based on recidivism system, thereby attempting to establish the basis of this presentation aspects of recidivism.“Chapter two” is mainly about the establishment of conditions of recidivism, is divided into general and special recidivism were introduced, the general crime recidivism only quality, quantity sin intervals elaborate these areas, as it is a national case law, no clearly defined written, so we just introduced here after the federal approach to some of the practices with the typical sense of the state’s representatives also brief.“Chapter three” introduces the punishment mechanism recidivism system, from the earliest Texas Rammell case raises a number of related penalty system, general recidivism penalties typically carried out some introduction. Special recidivist punishment that he focuses on the punishment of drug crimes, as well as the attitude of the Federal. Other special recidivist penalty simple introduction of penalties for repeats offenders, and so on.“Chapter four” is the recidivism system of assessment and its related inspiration. Respectively, from the criminal policy, the establishment of the conditions, the three aspects of its recidivist regime penalty system assessment and reference. We made some of their own proposals, such as whether it should for the “two committed” “Three guilty” of punishment clearer distinction between? Are delinquents may constitute recidivism and more.“Conclusion” section of the article is the author of some of the induction and further reflection; because the article chapters have a more detailed description and analysis of some of the views of the author, and therefore the conclusion part in passing, not repeat them.I wish to take this opportunity to consider some of recidivism relative theoretical and practical content of some reference rational thinking, as well as specific legal theory and practice study how it can be combined with China’s actual conditions apply to among the US &Chinese scholars and some of the points rational assessment, selective draw reasonable elements of its legislative spirit, so try to make some of the country can learn from the Institute for theoretical recidivism revelation, and attempted to re-institution of recidivism structure, which was the goal I want to reach.
Keywords/Search Tags:Recidivism, Three Strikes, Recidivist Punishment
PDF Full Text Request
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