Explain how one can wish to change any of your sentencing determinations for the above cases?
Explain how one can wish to change any of your sentencing determinations for the above cases?
September 4, 2020 Comments Off on Explain how one can wish to change any of your sentencing determinations for the above cases? Uncategorized Assignment-helpStudents will explore sentencing guidelines by applying case law to instructor provided scenarios in order to determine the sentence for a hypothetical defendant.Students will respond to instructor provided scenarios, using assignment guideline materials, from the perspective of a judge. Students will determine an appropriate sentence for each hypothetical offender and will provide an explanation for the sentencing determination. Students will also respond to a series of instructor provided response questions to encourage critical thinking regarding the sentencing work completed.Assignment submissions should include numbered paragraph responses for each of the offender score calculation scenarios and numbered paragraph responses to each of the reflection questions. The reflection question portion of the assignment should include citations to at least two sources. Assignments should be no longer than 1,000 words.Explanation: Many States have adopted sentencing guidelines as a mechanism to ensure equality in the imposition of criminal penalties.The level of judicial discretion allowed within the guidelines varies from state to state.However, no matter the breadth of discretion, courts must limit their sentences within a range specified by the state legislature.Factors such as: plea agreements (which may demonstrate an offender’s willingness to assume responsibility), statements by victims, the degree of harm inflicted by the offender upon the community, the offender’s personal circumstances, or other legal considerations may impact a judicial officer’s determination of the appropriate sentence within the statutorily prescribed range.Prosecutors and defense attorneys alike rely upon sentencing guidelines in order to efficiently negotiate pre-trial resolutions for their cases, which can include agreed recommendations or reduction of charges in order to minimize the offender’s sentence.Assignment: After reading the attached sentencing score explanation sheet, use the sentencing guidelines to determine the proper standard sentencing range for each of the following cases. Also, identify the factors or circumstances present in each question that a judge may consider when determining a sentence. Finally, indicate what sentence you would order if you were the judge hearing this case and explain how you determined this to be the appropriate term of incarceration. After you have completed your responses to each of the cases, answer the reflection questions below. Your completed, essay format assignment, should not exceed 1,000 words.Case 1: Eighteen year old Abe has never been previously convicted of an offense. A high-school senior with a scholarship to study teaching at a university, Abe fell in with the wrong crowd and spent a gleeful evening vandalizing several local homes. Abe has agreed to plead guilty to a charge of Malicious Mischief in the Second Degree. At the sentencing hearing, all of the homeowners appeared before the judge, including one elderly victim. Case 2: Bernice has a lengthy criminal history that has resulted in an offender score of 7. She was released from prison only 2 months prior to committing an offense that resulted in her pleading guilty to Rape in the Second Degree. Bernice told the sentencing court that she was remorseful, but that the victim consented. The victim tearfully testified before the court. A psychologist testified that Bernice was a victim of sexual abuse as a child, causing her long-term emotional trauma. Case 3: Cal was previously convicted of three drug-related charges and one property crime, resulting in an offender score of 4. Cal’s attorney requested a drug and alcohol evaluation during which a treatment provider determined that Cal has severe drug dependency. At the sentencing hearing, after Cal was convicted of one count of Trafficking in Stolen Property in the First Degree, Cal expressed significant remorse for the offense and asked the court to be lenient with the sentence so that Cal could obtain in-patient treatment. The victim was a corporation that did not send a representative to speak at the sentencing hearing.Case 4: Dennis was previously convicted of five counts of sexual assaults, all with minor victims, resulting in an offender score of 6. Refusing to enter a plea, Dennis was convicted of Rape of a Child in the First Degree after a jury trial. At the sentencing hearing, the victim’s mother tearfully told the court that her child was devastated and suffering severe emotional trauma. Dennis denied having committed the offense and all of the prior offenses. Dennis is a single-father with three minor children, whom Dennis has never been accused of harming.Case 5: Elizabeth has no prior criminal history. She was convicted of Murder in the Second Degree after a high-profile jury trial, during which her attorney unsuccessfully argued that Elizabeth’s boyfriend forced her to commit the offense. At trial, the victim’s mother and adult children testified about their grief over the loss of the victim. Elizabeth tearfully told the court and victims that she had never intended to cause any suffering.Answer the following reflection questions after completing the remaining cases for the Offender Score Calculation Assignment. Review your responses to the above questions. Which types of factors most greatly influenced your sentencing decisions? What distinctions can you make regarding in evaluating your separate sentencing decisions? For example, did the gender of the offender influence your decision? The offender’s criminal history? The specific offense the offender was convicted of? Do you think criminal court judges are also influenced by these same factors? From a public policy point of view, it is socially desirable for courts to be so persuaded? Review your responses to the above questions again. After having answered reflections questions 1-3, do you wish to change any of your sentencing determinations for the above cases? Why or why not?


