Free Custom «The Sentence» Essay Paper

What specific information would be important to know before imposing a sentence?

The act of stealing other people’s identities monetary gain is classified as a criminal act with regard to impersonation or alternatively false representation of an individual’s real identity. In such a case as a judge it will be important to establish the law’s jurisdiction regarding an individual’s involvement in potential act of impersonation. In addition, the fact the criminal used impersonation to obtain monetary gain indicates another criminal activity of stealing. A judge would normally establish the criminal motive of the individual, examine the circumstances under which the crime was committed and review this with previous judgments on the same based on legal case studies (Levinson, 2002). These three elements would therefore form key decisive factors in addition to examine the availability of any valid physical evidence presentations before imposing a potential sentence on the criminal.

 

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How would you incorporate the sentencing goals of retribution, incapacitation, deterrence, rehabilitation, and restitution in your sentence of this individual for this particular crime?

Incapacitation aims at preventing any available chances of the offender ever committing a crime again regardless of whether it is implemented through community supervision and incarceration (Levinson, 2002). In this case, as a judge this would entail a criminal activity of great magnitude leading to an overarching effect on the society element and supporting fundamentals.

Deterrence aims at preventing future criminal activity and may be general or specific whereby general deterrence convinces other not to commit a similar crime while specific deterrence focus on punishing the offender not to commit the crime ever again (Levinson, 2002). In this case, as judge this would involve the decision would involve measuring the magnitude of the crime and whether it has been committed before in this society before imposing the sentence.

Rehabilitation also referred to as treatment works on the assumption that a criminal behavior is primarily as sign of a potential problem being experienced by the offender hence treating the problem would offer the best solution to it (Levinson, 2002). This would entail consideration of whether the criminal activity was voluntary or not. For cases in which it was involuntary and indicative of a problem with the individual, for instance, psychological then this would be the preferred sentence.

Restitution offers a result that can be equated to equity. “The equity, goal of punishment means that convicted criminals must pay back their victims for their loss, the justice system for the costs of processing the case, and society for any disruption they may have caused” (Siegel, 2009). In order to implement this kind of sentencing given the type of crime committed, the criminal will be required to pay a fine of specified magnitude matching the money stolen from impersonation so far.