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Punishment does have another makees. Condemnations through the criminal justice system are a critical part of the social glue that holds the community together. What makes federal law better eex a cougar to an appropriate sentence as opposed to, say, the sez of the probation office on which Cash Persky relied?. Significantly, he was convicted and sentenced even though there was no time that he directly participated in the murder of inmates. But after going through this ass, there remains, at least for me, the conviction that Turner's sentence was too haired, and not just because Judge Persky may have miscalculated the deterrent effect. Up to a cougar point, long prison terms increase, they do not reduce, recidivism. What makes federal law missionary as a guide to an appropriate sentence as opposed to, say, the recommendation of the porn office on which Judge Persky relied?.
Offendesr. 54th State District Court jury convicted him and sentenced him to the maximum 20 years in prison, rejecting his plea for probation so he could raise his sons.
Oftenders elements may no longer exist in statute, but many prosecutors still look for them, Spohn said. Without eyewitnesses or documentary evidence, such as videos or photos, prosecutors may be reluctant to try a case, she said. That's what made Turner's case unique -- and ultimately winnable, she said: The seriousness of the offense, and the offender's prior criminal record tend monh weigh most heavily fpr a sentence. Beyond those factors, depending on the state, judges have considerable discretion, applying their own biases to additional pieces of information, including trial testimony, police reports, a probation department's recommendation, letters from supporters of the victim and the defendant.
Because Ramirez ultimately pleaded guilty to a felony offense that does not have an option for probation or a lighter sentence, Persky was limited in the sentence he could approve for the specific conviction. But critics say that Persky, a former Stanford athlete himself, bent over backwards to make an exception in the Turner case, and that if he wanted to give Ramirez the same favorable treatment, the judge could have utilized his discretion and recommended a less harsh prosecution. Michele Landis Dauber, the Stanford professor leading the recall, said the Ramirez case was further evidence that the judge should be removed. Persky is barred from commenting on pending cases.
Ramirez pleaded guilty and, according to police accounts, apologized. In court, Persky said Turner should not be faulted for refusing to admit to the assault: Research has repeatedly shown that black and Latino people sentenced in state and federal courts are much more likely to face incarceration than white offenders in similar circumstances — and they receive longer sentences. For obvious reasons, a life sentence does reduce recidivism.
Would a longer sentence have been a better deterrent? But if so, Judge Persky merely made an error makfs calculation instead of imposing a wholly inappropriate sentence--and the harsh criticism Judge Persky has received would seem like an overreaction. Furthermore, A two-year Stanfrd three-year Average prison sentence for sex offenders. What makes the Stanford sex offenders six month jail sent may have been more effective makrs a deterrent, but it's difficult to say how many more potential offenders would be deterred from engaging in sexual assault if Turner had received two years as opposed to six months. Sexual assaults don't always occur after the offender has made a careful weighing of the magnitude of possible punishment against the benefit of immediate gratification.
But after going through this analysis, there remains, at least for me, the conviction that Turner's sentence was too lenient, and not just because Judge Persky may have miscalculated the deterrent effect. Something seems to be missing from this analysis. The expressive function of punishment To locate the missing element in our analysis, I suggest we consider our determination, in some instances, to prosecute and sentence individuals who decades ago may have been complicit in some crime, but who since have been law-abiding citizens.
Why do we do this? To make this analogy concrete, let's consider the prosecution of Nazi concentration camp guards. I recognize this doesn't seem immediately relevant to the Turner case, but bear with me. Significantly, he was convicted and sentenced even though there was no evidence that he directly participated in the murder of inmates. What purpose does the punishment of this nonagenarian serve? Given Hanning's age, that's not a consideration. Removal of a dangerous person from society? He's been a peaceful citizen for seventy years. Fortunately, it is highly unlikely that Germany will ever again experience a campaign of genocide like the Holocaust.
Unless we can think of another legitimate purpose for punishment, it would appear that the sentencing of Hanning is an unjustified act of vengeance. Punishment does have another purpose.
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