Crime & Law Enforcement Issues & Death Penalty/Criminal Prosecution

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Expert: - 8/13/2007


Question
I watch "Forensic Files" a lot of Court TV. If you haven't seen it, it's a documentary revealing how forensics are used to convict murderers. I don't understand why some killers get life and why some get as low as ten years. My question is: Shouldn't there be more consistency in removing from society as many of these people who are a danger to society? Why would one man get a life sentence while another much more dangerous figure gets a a few years?

Answer
Dear William,

Excellent question.  In my humble opinion there should be more consistency but it most likely will not happen in my lifetime.

The reason is that penalties for state statutory crimes vary between the states and between federal crimes as well.

There are two sovereign forms of law that we must obey.  The state system and the federal system.  One system does not "trump" the other and neither system is more important than the other.  

The state system incorporates laws that reflect local interests while the federal system incorporates laws that promote uniformity between the states in creating laws that fill in gaps such as laws affecting commerce and of course many criminal statutes.
   
These separate systems elect or appoint judges who will follow sentencing guidelines with modification points +/- for prior criminal histories, etc.  These sentencing guidelines are preconceived and the judges can only deviate slightly from it.  

Many times however, before a jury can try a case and a judge can dispense a sentence the defendant will plead guilty to the crime in exchange for a lesser sentence.

Although seemingly repugnant, this "plea system" saves many millions of tax dollars and keeps the court dockets as free as possible.  Some experts believe that if every crime were taken to a trial by jury the collective court dockets would back up by over fifty years!

Our system certainly has flaws.  However, I have yet to hear of any ideas to replace the current system which actually improve the system.

I hope this information proves useful.  Take care and good luck.

Jeff  

Crime & Law Enforcement Issues & Death Penalty

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Jeffrey-Peter Hauck

Expertise

I would welcome the opportunity to answer questions relating to or related to the broad field of criminal justice.

Experience

Licensed Private Detective with expansive clientele base encompassing hundreds of cases. Donates resources and time to the Children's Rescue Network in Orlando, FL. Adjunct professor of Criminal Justice, Political Science, & Paralegal Studies teaching on the courses of: "Criminal Law;" "Constitutional Law;" "Bankruptcy Law for Paralegals;" "Real Estate Law for Paralegals;" "Psychological Profiling;" "Introduction to the Criminal Justice System," White Collar Crime;" "Crime Prevention;" "Risk Management;" "International Policing;" "Eight Skills of the Effective Criminal Justice Student;" "Deviance and Violence;" Criminal Justice Bachelor's Degree Capstone;" among others. Decorated retired 15 year veteran police sergeant, twice promoted through the civil service commission. Served in the capacities of patrol officer, training officer, SWAT officer, first line patrol supervisor and administrative supervisor. Graduate of several criminal investigation schools and currently a licensed private detective. Holding over 50 certifications related to police training and instructing in disciplines such as "defensive tactics," "firearms," and "professional development." 12 year veteran of the United States Army. Rank of Staff-Sergeant (E-6). Held positions of Platoon Sergeant, Asst. Platoon Sergeant, Squad Leader, Fire Team Leader, Supply Sergeant, and Liaison NCO at staff officer level. Military Occupational Specialty (MOS) 11BPF7, Airborne Infantry NCO Soldier & Pathfinder. Cross trained into the field of supply (76Y) and administration (71L). Completed PLDC, BNCOC, ANCOC, and Chemical Branch Officer Basic leadership courses. Current subject matter expert and CBRN (Chemical, Biological, Radiological, & Nuclear) Commissioned Chemical Branch Officer serving in the U.S. Army.

Organizations
ASIS International. Police Executive Research Forum (PERF). National Criminal Justice Association (NCJA). Academy of Security Educators and Trainers (ASET). American Society of Criminology (ASC). National Tactical Officers Association (NTOA). International Tae Kwon Do Union (ITU).

Publications
Published Full length novel, “Ports And Happy Havens,” Co-authored with L.A. Broskey, Copyright. ISBN: 1-4208-1261-0. Full length novel, “The Awful Grace Of God,” Co-authored with L.A. Broskey, Copyright (publishing in progress). Review & Discussion of the case of: Burley v. Pennsylvania Department of Public Welfare. Published in the PA Administrative Law Journal. Spring 2003. Review & Discussion of the case of: LTV Steel Company, Inc. v. Workers' Compensation Appeal Board. Published in the PA Administrative Law Journal. Spring 2003. Review & Discussion of the case of: Rydzewski v. Workers’ Compensation Appeal Board. Published in the PA Administrative Law Journal. Summer 2002. “Handcuffing Techniques Manual For Loss Prevention Officers.” 2002. Copyright. “Model Emergency Response Team Policy and Member’s Manual.” 1999. Copyright. “Women’s Fundamental Self-Defense Manual.” 1998. Copyright.

Education/Credentials
Doctor of Jurisprudence (J.D.), Widener University School of Law. Harrisburg, PA. Graduate of the Law and Government Institute of Widener University School of Law. Certification in Law & Government. Harrisburg, PA. B.A. Criminal Justice, DeSales University. Center Valley, PA. Certified Legal Assistant & Paralegal, Blackstone Career Institute, Emmaus, PA. Licensed Private Detective, Lehigh County, Pennsylvania. Certified Special & General Law Enforcement Academy Educator/Trainer Pennsylvania Municipal Police Officers’ Training And Education Commission (MPOTEC). Certified Law Enforcement Trainer (CLET) Certification, American Society for Law Enforcement Training (ASLET), Frederick, MD. Municipal Police Officer Certificate of Training & Licensure (Act 120), Police Academy Training. Lethal Weapons Training Instructor. Authorized to teach all firearms, academic, and skills courses as prescribed by the Rules and Regulation promulgated by the Commissioner (Pa. Code. Title 37, Chapter 21). Known in Pennsylvania as "Act 235."

Awards and Honors
United States Army Meritorious Service Medal. United States Army Commendation Medal, awarded twice. United States Army Achievement Medal, awarded four times. United States Army Good Conduct Medal. United States Army Expert Infantry Badge. United States Army Parachutist Badge. Government of Honduras Parachutist Badge. United States Army Air-Assault Badge. United States Army Pathfinder Badge. American Police Hall of Fame’s “Legion of Honor Award for Line of Duty Injury.” Venerable Order of The Knights of Michael The Archangel, “Knight Chevalier Award.” American Police Hall of Fame’s “Honor Award.” The John Edgar Hoover Memorial Gold Medal for Distinguished Public Service Award. American Police Hall of Fame “Long and Honorable Service Certificate.” American Federation of Police and Concerned Citizens’ “George Washington Second Amendment Gun Rights Award.” American Police Hall of Fame “President’s National Medal of Patriotism.” Widener University School of Law “Dean’s Honor List.” International Tae Kwon Do Union’s (ITU) World Wide Martial Arts Hall of Fame Award for “Assistant Instructor of the Year,” 2002. “Who’s Who Among American Law Students,” 22nd Edition, 2002 Recognition Award. World Karate Union Hall of Fame, “Instructor Of The Year For Police Control Tactics & Self-Defense,” 2004.

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