NationStates Jolt Archive

Can anybody tell me anything they know about the US justice system?

I believe that they have the world's highest prison population rate and I was just wondering whether that was because they had the most crime or because they had the toughest sentences.

The US has 2.2 million people in jail over a population of 300 million compared with only 3,000 in jail over a population of 4 million here in Ireland. That’s a rate of about 730 per 100,000 in the US and about 75 per 100,000 in Ireland - a ten-fold difference.

A few things I would like to know about the US justice system. Please just tell me anything you know.

What are the average sentences given for murder and manslaughter?

How often are inmates given parole?

How strict are the drug penalties?

What are the most trivial of offences that people can go to jail for?

How strict are the penalties for common property crimes like burglary and shoplifting?

How often are people given the right to trial by jury?

For how long can people be detained without trial and what are bail rights like in the US?

How can we have only 3000 people in jail and still not have enough room for them?

We have 4 million people and 8000+ people in jail, and we still get bitching and moaning about our sentances being too soft. Second highest prison pop. per capita after the US is... New Zealand. out of 'developed' countries

as far as the US goes, it does seem to favour random short sentances like 2 weeks for certain things. I think its the war on drugs and the three strikes laws that does it.

How can we have only 3000 people in jail and still not have enough room for them?

Because we have even fewer prison cells. We should re-open prisons like Kilmainham in Dublin in order to create extra cell space for inmate accommodation.

A few things I would like to know about the US justice system. Please just tell me anything you know.

I'll try to answer your questions. I've been locked up (never went to real jail though) before so I may be able to shed some light on things. And remember, alot of this varies from state to state.

What are the average sentences given for murder and manslaughter?

Depends on the state and the murder charge. For murder you're looking at life with parole, life without possiblity of parole, or execution.

How often are inmates given parole?

Not sure. They keep putting Manson up... I don't know why though...

How strict are the drug penalties?

Depends on the state.

What are the most trivial of offences that people can go to jail for?

Depends on the state/local government.

How strict are the penalties for common property crimes like burglary and shoplifting?

Depends on the state/local government. Some states have a "3 strikes you're out" deal where if you're a repeat offender you could go to jail for life on your third conviction.

How often are people given the right to trial by jury?

You're given a choice I think.

For how long can people be detained without trial and what are bail rights like in the US?

Ah, this is where we get into the Patriot act. If you're suspected of terrorism, then technically you could be held indefinately (scary, right?). But usually you're allowed to phone a lawyer/post bail within hours of your arrest.

We have 4 million people and 8000+ people in jail, and we still get bitching and moaning about our sentances being too soft. Second highest prison pop. per capita after the US is... New Zealand. out of 'developed' countries

as far as the US goes, it does seem to favour random short sentances like 2 weeks for certain things. I think its the war on drugs and the three strikes laws that does it.

New Zealand?:eek:

I never knew that, I will start watching the sea a bit more carefully now :D

What are the average sentences given for murder and manslaughter?

Murder: 25(yrs) to life
Manslaughter: 10 to 20

How often are inmates given parole?

Rarely and a new statute was passed in my state that an inmate must serve at least 80% of his/her sentence before being elligible. Not sure on how many are paroled, but it's low, and 60% of parolees violate their terms of parol by reoffending.

Probation is much much more common in the U.S.

How strict are the drug penalties?

Depends on the drug and the amount...

Marijuana: light punishment, probation usually
Cocaine: harsh punishment, 1 kilo = 10 yrs
Herione: same as cocaine
Crack: A little worse
Acid (LSD,etc): Very harsh, not much will give you a great deal of time


What are the most trivial of offences that people can go to jail for?

Tough call, but to actually end up in jail... *thinking*... excessive traffic violations.

How strict are the penalties for common property crimes like burglary and shoplifting?

Probation.

How often are people given the right to trial by jury?

Always in "adult" court unless the defendant chooses not to be tried by jury. However, there is no jury in juvenile court, but juveniles get light sentences all the way up to, and possibly including, armed robbery or murder.

For how long can people be detained without trial and what are bail rights like in the US?

The accused is brought before a judge within 24 hours of custody and bail is set there. 48 hours later a probable cause hearing is held to see if the officers had right to arrest the suspect. After that it goes to a grand jury (in NJ) where 18 people vote on preponderance of the evidence (10 votes) whether to pursue charges or not. It usually takes a week to go to trial if the grand jury brings forth a Tru Bill of indictment.

My answers are based upon my experience in Michigan. Each state has it's own procedure and sentencing guidelines.


What are the most trivial of offences that people can go to jail for?

Two answers: You could go to jail for up to 90 days for something as simple as putting a license plate on your car that doesn't belong there. But, there is no judge/magistrate that I know that would sentence you to jail for something like.

How strict are the penalties for common property crimes like burglary and shoplifting?

We refer to Burglary as Home Invasion. The max. penalty is 15 years (or is it 10 years? I can't remember.) Basic shoplifting is a 93 day max. penalty.

How often are people given the right to trial by jury?

Any time that jail is a possible penalty, you have the right to a jury trial.

For how long can people be detained without trial and what are bail rights like in the US?

Everyone has the right to a personal recognizance bond. The court then examines a list of factors to determine what the bond is ultimately set at. If the person cannont post bond, on misdemeanor offenses the bond should be reviewed after 30 days. On felony offenses, it depends on what was charged.