Sentencing Proposal

Topics: Criminal law, Crime, Mental illness Pages: 4 (1139 words) Published: August 19, 2013
Sentencing Proposal
The last stage of a criminal trial is known as sentencing. During sentencing the convening authority over the criminal court proceedings makes a determination of how the guilty party should be punished. Prior to that determination being made both the defense attorneys and prosecutors may make their arguments as to why or why not the defendant should be punished to the fullest of the law. The judge taking these arguments into consideration makes his or her decision on what type sentence to hand down. While the main goal is to punish those that are found guilty there are five sentencing rationales in use in the American criminal justice system. These rationales are retribution, deterrence, rehabilitation, restoration, and incapacitation. In the case of State v. Stu Dents, the judge will use the rationales of rehabilitation and incapacitation. The defense and prosecutors will make their arguments and propose the type of sentence Mr. Dents should receive which in turn will protect him and society. Defense Argument

As the defense attorney in the case of State v. Stu Dents it is hard to argue against the insurmountable evidence that the authorities collected at the home of Stu Dents following the murder of his girlfriend Uma Opee. Among the items was a journal which the defendant started to write in six months prior to the incident. With this evidence the prosecutor speculates that Mr. Dent planned and calculated this vicious act. While the journal shows substantial incriminating evidence against Mr. Dents it also illustrates the mind of a very disturbed and confused person. Entries in the journal discuss purchasing certain items that were allegedly used during the murder, however in his confused state of mind he also made references of aliens, God, and the end of the world. The court should consider this not to be an act of a premeditated murderer, but an individual who is suffering from severe mental illness. Confirmation of his...
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