Primary Philosophy/Rationale

Primary Philosophy/Rationale

  1. Chuck Cheesey was tired of being broke all the time.  He couldn’t afford to take his girlfriend to expensive restaurants, and he had a very old car.  He decided to accept an offer from some of his less upstanding friends to engage in credit card theft.  Before he was arrested and convicted of theft, he had charged over $25,000 to eight stolen credit cards. Chuck has an arrest and conviction from 10 years ago for theft of a vehicle. The judge now has to decide Chessey’s sentence.  Explain what philosophy of punishment you think should guide the judge.

The judge should be guided by the incapacitation philosophy. Chuck is a serial offender given the number of reported cases. He also has a previous conviction for car theft, thus the need to remove him from society.

  • Danny got addicted to prescription painkillers after he had a legal prescription for them because of a severe back injury.  When the painkillers were harder to procure, he would use heroin instead.  Danny also dealt on the side in order to afford his habit and because his drug abuse made it difficult for him to hold a job.   He’s found guilty of distributing heroin.  He has no prior criminal history. Explain what philosophy of punishment you think should guide the judge?

The judge should be guided by the rehabilitation philosophy. Danny has no criminal history, and it is clear that he is a victim of his health condition (back pain). The judge can combine probation and rehabilitation to keep Danny out of trouble.

  • Tony is 16 years old and a gang member.  As part of his initiation into the gang, he badly beat up a gang member from a rival group.  His victim is paralyzed for life.  Tony’s case has been transferred out of juvenile court to the adult court system. Tony was arrested at 14 for assaulting a neighbor but charges were dropped. Explain what philosophy of punishment you think should guide the judge after Tony is transferred to adult court and convicted of aggravated assault as an adult

The judge should be guided by the retribution philosophy. The victim and his family are currently enduring paralysis difficulties and probably desire revenge. Retribution eliminates the desire for personal revenge (Rani, 2019).

  • Roger had a very difficult childhood.  Both his parents served prison time and were absent from the home off and on.  Roger didn’t finish high school.  His grades were bad, and he was often in detention or off-campus in the alternative school.  Roger naturally gravitated toward trouble as a youth and had a juvenile record.  At 20, Roger robs a bank and walks off with only $2000.  The police arrest him quickly and he confesses.  It’s a federal crime and he faces up to 20 years in prison. Explain what philosophy of punishment you think should guide the judge.

The judge should be guided by the deterrence philosophy. He walked off with only $2000 and was quick to admit his crime. Punishment should focus on discouraging him from coming crimes in the future.

  • Gabby is a big time distributor of all kinds of drugs.  She’s part of a larger distribution network.  She’s made a lot of money in her chosen profession.  She has never personally been involved in anything violent or been a part of planning violence.  She has no prior criminal history. She’s convicted of a major federal drug offense.  Explain what philosophy of punishment you think should guide the judge.

The judge should be guided by the restitution philosophy. Gabby has made a fortune out of drug distribution, and she should be punished financially for benefiting out of illegal activities. This step will deter her from future participation in the business.

  • Tommy is part of a group that steals cars and runs a chop shop.  He’s been in the business for about 5 years.  The car theft business has been good, but Tommy is not a wealthy man.  Just a middle-class guy trying to make it.  Tommy has been involved in the CJ system in the past — burglary, trespassing, and a DUI.  Explain what philosophy of punishment you think should guide the judge.

The judge should be guided by the incapacitation philosophy. Tommy is a key player in car theft and makes money out of it. Additionally, he has a criminal record, indicating his inability to reform.

  • Hank is a prisoner in the Texas Department of Corrections (with a lengthy criminal history – all for property and drug-related crimes) and has worked with a correctional officer to smuggle in drugs.   Explain what philosophy of punishment you think should guide the judge.

The judge should be guided by the incapacitation philosophy. Hank participates in drug smuggling and has a network, including correctional facility workers. Besides, he has a criminal record, indicating his danger to society.

  • Sally was convicted of aggravated child abuse.  She failed to stop her boyfriend from harming her children.  Sally was also battered by her boyfriend. The children suffered serious injuries.    Explain what philosophy of punishment you think should guide the judge.

The judge should be guided by the deterrence philosophy. Punishment should aim to discourage the defendants from participating in similar acts in the future. The decision will also deter other individuals in society from such behavior.

  • Jimmy and his brother had a history of fighting with each other in very difficult relationship, especially when they were both drinking too much.  One evening, Jimmy pulled out a gun and killed his brother while they were arguing.  Both men had been yelling and physically threatening each other during the argument.  Jimmy’s self-defense claim was not successful, and he was convicted of manslaughter.  Both men had been in and out of prison for assault, burglary, and theft.  Explain what philosophy of punishment you think should guide the judge.

The judge should be guided by the incapacitation philosophy. Jimmy engaged in a premeditated act that resulted in death. Moreover, he has a criminal record, indicating his inability to reform.

  1. Matt was a successful stockbroker who earned an easy $3,000,000 a year.  He wanted more money and engaged in insider trading, which is against the law.  (LOOK UP INSIDER-TRADING).  Matt has no prior criminal history.  He donates lots of money to charitable causes and has an excellent reputation in his church community. Explain what philosophy of punishment you think should guide the judge. 

The judge should be guided by the restitution philosophy. Matt has made a fortune out of insider trading, and she should be punished financially for benefiting from illegal activities. This step will deter him from future participation in the business.

Reference

Rani, B. (2019). Restorative versus retributive justice: Looking forward–a tool for informal justice system. Retrieved February 4, 2020, from https://ijissh.org/storage/Volume4/Issue5/IJISSH-040516.pdf

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