CJS 211 Lecture Notes - Lecture 4: Judicial Interpretation
26 Jul 2020
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If du isn"t punished, message to rest of society is you can get awaywith this. Not a utilitarian or retribution jurisdiction judge considers 7 objectivesof sentencing: To punish the defendant for committing a crime retribution. To encourage the defendant to lead a law-abiding life utilitarian. To isolate the defendant so she can"t commit other crimes - utilitarian. To secure restitution for the victim retribution. To seek uniformity in sentencing retribution/utilitarian. When thinking 3, 6, or 11 years sentence, think of the retribution or utilitarian ideals behind sentencing. Depending on what judge you are assigned could be probation to 11 years; all within judge"s discretion and not an abuse of authority. No crime without law, no punishment without law. Not a crime unless we say it is and no punishment unless behavior previously identified as a crime. Criminal statutes should be reasonable and understandable to law-abiding persons.
