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Posted: December 23rd, 2020
Instructor Insights: Sentencing, week 7 Discussion help
Question description
Week
7 Instructor Insights: SentencingThis
week we also focus on sentencing as part of our study, scholars.The
text is pretty straightforward on theory and rote application… but are there
deeper issues?Let
me give you a scenario.Criminal
1 robs bank in Washington State.Criminal
2 robs bank in New York.Criminal
3 robs bank in Texas.All
3 are tried and convicted for the same exact federal charges involving the bank
robberies.All
3 receive very different prison sentences with respect to duration of
imprisonment.Does
everyone see how at least 2 are going to argue that there is a lack of
fairness…or “Equal Protection of the Laws” in the applications of sentences?
All
3 crimes led to the exact same FEDERAL criminal charges…and convictions on the
exact same crimes. Thus – why different outcomes?This
perception of injustice was largely responsible for a legislative attempt to
cure the perceived problem. “The Federal Sentencing Guidelines” were created…and
passed into law.I’m
sure that many of you have heard the old adage that the road to Hades is paved
with good intentions!First
– read the Booker case. I will attach it for you.I
suspect that some of you may find some of the arguments confusing … so I am
including a DOJ Report to help you better understand how a solution to one
problem may create others – even where intentions may have arisen in goodwill
and a sense of justice.Come
back to the Crime Blog through the Week 7 tab – and I
want to hear answers to what you learned in reading these two
documents.Which
is a better approach? Judicial Discretion in sentencing…or a formulaic approach
where one’s “Score” is added to produce a very specific outcome… as one might
find in a fantasy sports league!Download and Read:Supreme Court. Booker v. United States
543_U.S._220,_125_S._Ct._738,_160_L._Ed._.pdf Booker_Report.pdf
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