Discusses the court process of punishment and sentencing. Answer the following questions based on sentencing :
Define the following terms:
-Indeterminate Sentencing (define and give an example) –
-Determinate Sentencing (define and give an example) –
-Mandatory Sentencing (define and give an example) –
-Just Deserts (define and give an example) –
-Pre-sentence Investigation report –
-Truth in Sentencing –
What do you believe would be an appropriate sentence for the defendant in the following case? Explain the factors that should be taken into consideration in determining the sentence. Offer thoughts on whether you believe the sentence should be indeterminate, determinate, or should it be a mandatory sentence.
Daniel Driver, 24-years-old, was charged with Rape 3rd degree (E Felony in NY State) after being caught having a sexual relationship with a 15-year-old high school sophomore he was tutoring in computers. The crime was not a forcible rape; it was statutory, which was discovered by the girl’s mother who read texts sent by her daughter to a friend where her daughter clearly stated she was in love with Daniel.
In a previous case, Mr. Driver pled guilty to charges of Sexual Misconduct (Class A Misd) from an incident with a 14-year-old female four years prior to this current rape charge and received a sentence of three years probation. Driver works as a computer consultant for an electronics firm and has been described by colleagues as a hardworking employee who is friendly, caring, and a good Christian.
Explain the type of sentence you feel would be appropriate for Mr. Driver if convicted of this current Rape 3rd degree charge. For example, you may feel he deserves an indeterminate sentence with a minimum and maximum number of years in prison (state the numbers), or you may feel he deserves a determinate sentence of X number of years in prison. Maybe you don’t feel prison time is appropriate and that a plea bargain for a reduced charge that would include local jail time (less than 1 year), probation, or an intermediate sanction would be the best sentence. Be sure to thoroughly explain (app 200 words and including citations from your text) why you feel the sentence you’re recommending is an appropriate one.