Criminal Justice: Sentencing a Defendant
The conviction of child sex offenders for each state and region is different since this is considered a debate upon what type of intentions and urges were involved when the crime was committed. The law has to look into the matter with serious comprehension so that the guilty are punished fairly, and the victims are served their justice. This paper aims to highlight a scenario where a person fondled a child and has some history of misdoings and his convictions.
With the details provided about Mario Gonzalez, 34 years old, who fondled a child improperly, it should be noted that he is subjected to punishment under section 3b of Justia Law US. He has violated the Constitutional statement by fondling or touching the child under 14 years of age, which could be under the effect of a drug (Justia US Law, n.a.).
The man admitted that he was drunk when he committed the act. Also, the US law court rejects the defense of the criminal who has voluntarily injected himself with the intoxication; otherwise, the involuntary injection could have been another case where some other person would have forcefully made him drink. However, this was not the case in Marios situation.
The type of sentence that I would give the defendant based on the information provided would be imprisonment for fifteen years since he has the intention of doing wrong to...
…any form, including fondling. The long-term impacts of such crime are taken as the courts successful implementation if the reduction in recidivism of this criminal act is observed (Patrick & Marsh, 2011). It is not guaranteed that probation time spent in jail would reduce the persons intention of that crime again, either within the jail or when he completes his punishment and leaves the prison after 15 years.The lawmakers still have to be shrewd in sentence s verity and crime seriousness to protect their citizens, especially children who severity mental trauma once such experience occurs in the early years of their lives. In some cases, such victimized children might become criminals when they become adults, leading to…
References
Burkitt, B. (2017, September 26). Gehrich gets jail in time, probation for fondling 3 Cedar City children in their home. The Spectrum. https://www.thespectrum.com/story/news/local/cedar-city/2017/09/26/gehrich-gets-jail-time-probation-fondling-3-cedar-city-children-their-own-home/706257001/
Justia US Law. (n.a.). 2017 Indianan code title 35. Criminal law and procedure Article 42. Offenses against the Person Chapter 4. Sex crimes 35-42-4-3. Child molesting. https://law.justia.com/codes/indiana/2017/title-35/article-42/chapter-4/section-35-42-4-3/
Patrick, S. & Marsh, R. (2011). Sentencing outcomes of convicted child sex offenders. Journal of Child Sex Abuse, 20(1), 94-108. https://doi.org/10.1080/10538712.2011.541356
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