When acting as a judge ready to sentence an offender found guilty of two accounts of bank robberies, there are several things I need to know about the accused. I will require to know about their age as that determines where the offender will be held after judgement, the previous history of crime, and the reason they carried out the crime.
There is specific information I will require to obtain about the offence. The number of victims and whether there were any wounded will establish if it was a malicious act. If force was applied during the bank robberies or it was a more peace operation (Siegel, Schmalleger, & Worrall, 2018). The type of weapons that were used will determine the number of years the offender will be locked up and accounts of the crime.
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When fashioning a sentence, there are various factors that need to be considered. The previous crime history of the offender held to determine if probation would be essential. The mental status is necessary to establish if the accused committed the crime knowingly or not in their right mind. The age of the offender determines where they will be imprisoned, and the rehabilitation required. Family history and victims involved in the crime determine a sentence.
The aggravating factors considered in crime are whether the offender had remorse or not and whether children were involved in the crime. These factors show that the accused could do anything to get the money in the bank, and it adds the years of the sentence (Siegel, Schmalleger, & Worrall, 2018). Some mitigating factors are the age of the defendant and whether the crime was an accident or not and they can help reduce the sentence.
Reference
Siegel, L. J., Schmalleger, F., & Worrall, J. L. (2018). Courts and criminal justice in America . , NY: Pearson. https://ebooksbvd.my-education-connection.com/read/9781323746660/cover_xhtml
Responses
Peer 1
Hello, Tiffany, I enjoyed reading your work and the way you have made it detailed, thus adding more knowledge. It is true that making a sentence is based on factors such as the mental welfare of the offender, their previous criminal record, and age. Other factors include the employment history, reasons the crime was committed and family history. The way the crime was committed also plays a crucial role in the judgement, in the two bank robberies for instance, whether force was used, guns and other weapons and the number of people hurt from the incidence. When force is used, such a case is placed under “three strikes” law and the jail sentence is longer (Justia. (n.d.). However, an offender may indicate that some actions may have been due to stress, or provocation, which may be considered when making the sentence.
Reference
Justia. (n.d.). Aggravating and Mitigating Factors. Retrieved from www.justia.com/criminal/aggravating-mitigating-factors
Peer 2
Hello Shawanda, I agree with you that a judge requires to check on various factors before making a sentence to ensure impartial and fair judgement. It is necessary to listen to the accused, such as on the reasons they committed the bank robbery. However, even if the offender had good intentions of committing the crime, they still have to pay for the crime, though it might be less harsh. However, hurting the victims of the crime, using force and weapons adds to the crime and the sentence is usually longer (FindLaw. (n.d.). If the accused is not willing to talk about the crime, it is their right as protected against self-incrimination by the fifth amendment. When making the final decision, the age of the accused has to apply, as a minor would be held in a different jail.
Reference
FindLaw. (n.d.). Criminal Sentencing. Retrieved from www.criminal.findlaw.com/criminal-procedure/criminal-sentencing.html
