Reference no: EM133365649

Imagine you are the judge who must decide the sentence in EACH of the following cases. The defendant has already been found guilty, or has pleaded guilty. For each case, consider the goals of punishment and decide which of those goals is most appropriate in the circumstances.

Retribution - an eye for an eye, a tooth for a tooth

Deterrence -intended to be an example, either general or specific

Incapacitation - physical restriction, prison, lock them up, execution

Rehabilitation - restoring the offender to a constructive place in society, therapy, treatment

Restorative Justice - repair the damage done to the community, repair losses, rebuild trust

Write down the goal.

Then decide what type of punishment should be imposed to meet that goal.

Write down the type of punishment.

Keep it simple - choose from the list. But explain WHY.

Case #1: A 35-year-old woman shot and killed her husband as he took a nap on the living room sofa. She claimed that her husband was physically abusive and that she lived in fear for her life. She presented witnesses who testified that her husband periodically threatened her and struck her during fits of anger. The jury convicted her of second degree murder (homicide with intent but not premeditation).

Case #2: A 19-year-old Hispanic man was arrested inside a home at night after the people next door called the police when they heard suspicious noises in the house of their vacationing neighbors. The man entered by breaking a window and he was caught putting jewelry into pillow cases. He had two prior convictions on his record, one for shoplifting which resulted in probation and one for simple robbery (purse snatching) that resulted in serving 30 days in county jail. The man asked the judge to send him to a drug rehab program to help him gain control over his cocaine habit. He entered a guilty plea to first degree burglary charges.

Case #3: A college student asked an undercover police officer in a bar in Auburn on a Saturday night if he would pay her $50 if she had sex with him. She was at her 21st birthday party, and had drunk approximately six beers. The student has no prior criminal record, is the daughter of a minister, and is a straight-A student at Green River College. She entered a guilty plea to solicitation.

Case #4: A former NBA basketball player shot a friend to death in his home. He was showing a group of friends his new home one night after they had all been to a party. When they reached his bedroom, he decided to show them his new shotgun, bragging that he could protect his property against any intruder. As he cracked open the gun and snapped it closed, it discharged and his friend was struck in the chest. The other friends helped him wipe off his fingerprints and put the gun in the dead man's hands, and they testified that the dead man had accidentally shot himself. A jury found him not guilty of aggravated manslaughter or aggravated assault. They found him guilty of tampering with witnesses and evidence. [Note: based on a real case]

Case #5: A man who recently completed his second prison sentence for armed robbery killed a man during an argument at a bar. The defendant claimed that the victim, a fellow gang member and friend, owed him money so he went to the bar with a knife in order to scare the victim. An argument between the two developed into a fight and the victim was stabbed to death. A jury found him guilty of second-degree murder.

Case #6: A 45-year-old business man was accused of burning down his warehouse. He claimed he was innocent. He had filed for a divorce the week before the fire, and he claimed that it was his wife who started the fire for revenge because he had left her for another woman. His business was losing money at the time of the fire, and the warehouse and its contents were insured. He has no prior criminal record. He was convicted by a jury of first degree arson.

Case #7: A man killed his wife with a blow to her head. Police records show that his home had been burglarized twice in the same month, and that he had been knocked down and had his wallet stolen the month before while walking home from the bus stop. The man claimed his wife worked the night shift at a factory, but she came home early for some unknown reason. He awoke to the sound of someone entering his bedroom in the middle of the night. In a panic at the thought of another burglary, he grabbed a lamp and hit her in the head in the dark as she quietly approached the bed. Neighbors testified at trial that the couple often had loud arguments, but they heard nothing the night of the incident. The jury found him guilty of first degree premeditated murder.

Case #8: The wife of the mayor hits and kills a bicyclist with her car. The incident occurred early in the morning and she claimed that the glare of her windshield prevented her from seeing the cyclist, who was not wearing a helmet. She has had one traffic ticket in the past for driving 15 mph over the speed limit. In order to avoid a trial and keep the case quiet during her husband's reelection campaign, she quickly agreed to plead guilty to negligent manslaughter .

Case #9: A 32-year-old man employed at minimum wage as a janitor at a high school was arrested at work after an anonymous informant told the police that he belonged to a ring of 15 men and women known to be manufacturing and selling meth in the Auburn area. He has one prior arrest, when he was 18, for possessing marijuana, but the charges were dropped. He has a wife and three children. After being arrested in a police sting and spending four weeks in jail awaiting trial, on the advice of his public defender he agreed to plead guilty to possession of a controlled substance.

Case #10: A 30-year-old bank employee offered to drive a coworker home after a company party. They had both been drinking a lot and dancing at the party. She invited him in for another drink. An hour later, the neighbors heard a loud argument and a lamp breaking, and they called the police. He claimed the sex was consensual, and that the woman got angry because he was going to leave and she wanted him to stay the night. He has no prior police record, is married, and has a two-year-old daughter. He was charged with first degree rape and was convicted by a jury.