Question Description
In response to your peers, assume the role of either the prosecutor or defense attorney and refute one of your peers arguments regarding sentencing.
Here are two classmates you will respond too.
1.) In my opinion I don’t think that the female should have treated any differently than the male was because as the saying goes if you do the crime you do the time. There is really little to go on unless the judge was looking at C.J had a history of theft, but it does not say that he was arrested for the theft items and it just what his mom had said. Was there giving K.O a lighter sentencing because she was a male and no history of and wrong before this. There is to me a lot more information missing that’s not mention. If I was the judge I would have checked to see why the crime was done and if C.J has a history of being arrested before and if this was his one sentencing or second. I would not have sentenced the two any differently because they both did the crime now they both has to do the time. I think the sentencing is unfair because as it shows that a women caught for murder she would serve a few years where as if a male commit the murder would get life or 20- 30 years sentencing. Unless one of the two has a record more committing a crime before there is no need to sentence differently. I would have recommend to they both be counseled so that they both know that the crime they committed was wrong and they should have known better, and that they are both being sentencing the same no matter what.
2.) To be honest, I don’t think the female should be treated differently than the male. They committed the same crime and the sentencing should have been the same. The judges had to look at a different angle as well with the male and female. One of the angles being their age, previous crimes and the extent of the crime. C.J. Could have been charged the 10-year confinement due to the rape and the marks he left on M.K. and K.O. was sentenced that way due to the threat and the rape. If I were the judge I would justify my sentencing decision by letting them know that they are the age that knew what was right and wrong but, considered doing it anyway. I would also let them know that the extent of the crime with the marks, the threat, and the previous charge is what got them to where they are now. I would suggest counseling and maybe a class that can teach them coping skills if they were sexually abused in the past.
this is what this discussion is regarding.
You are a newly minted prosecutor in Anytown, USA, and have been assigned the following two cases for trial:
Case A: 14-year-old male C.J. raped his 16-year-old next-door neighbor M.K. During the rape, C.J. bruised one of M.K.s arms. The police arrest C.J. the next morning at his residence where he lives with his mother and two younger brothers. His mother is devastated by his arrest. C.J. has a history of minor thefts.
Case B: 16-year-old female K.O. raped 13-year-old R.L. and demanded that R.L. keep quiet about the rape. The police arrest K.O. R.L. does not want K.O. prosecuted for the rape.
On the date of sentencing, the court sentences C.J. to 10 years confinement with two years of probation, but sentences K.O. to two years confinement with five years of probation.
