Theories of crime

¶ … Crime

Although this individual has committed several different crimes, this paper will focus only on the theft in the fifth degree charge. Theft occurs when someone takes something belonging to another person, without their consent, with the intent of depriving that person of the objects use. The degrees of theft are determined by the amount or value stolen. In the case at hand, a bottle of wine would be valued at under one hundred dollars and therefore would fall in the category of theft in the fifth degree, which is the lowest degree of the crime.

If I were a defense attorney in this case, I would attempt to get this charge moved to juvenile court. Since the offender is under the age of 18 and has no known juvenile history, she should be prosecuted as a juvenile. The advantage of this is she can avoid fines and jail time. Instead punishment will be limited to restitution for the bottle of wine, various educational classes, and being placed on probation. Although this course will last longer and probably be more involved than going through the District Court, it will ultimately keep this charge off the Defendant's permanent record. At the same time, the juvenile system may be of more benefit to the Defendant considering her casual drug use. Being young there is still opportune time to attempt to correct these problems and prevent future, perhaps more serious, criminal behavior.

If I were a prosecutor in this case, I would probably stipulate to the charge being transferred to juvenile court. I would be agreeable to this because part of my job is to prevent future criminal acts. Considering the Defendant's age and lack of criminal history, I believe the punishment that she would receive in the juvenile system would actually be more beneficial to both her and society than is she was ordered to pay a fine in adult court. If the Defendant were tried in adult court I would ask that her punishment include a fine, giving her the option to pay by doing community service, and being placed on probation with the requirement that she be required to seek employment. I would not ask for jail time because I don't feel it would serve any beneficial purpose in this case since the Defendant is not a danger to society.

If the defense counsel indicated that they were interested in entering into a plea bargain, I would most definitely be open to the suggestion. The minimal plea I would be willing to accept would be a suspended sentence with probation. Under such an agreement the Defendant would be found guilty of the charge and sentenced to pay a certain amount in fines. However, the Defendant will not have to pay this fine so long she stays out of criminal trouble. I feel this offer is a positive resolution to this matter because it essentially empowers the Defendant and makes them responsible for their punishment.