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Conviction and Punishment Analytical Essay


Type of sentence for the offender

The sentence given to Doug Kant will depend on the State and the law under which he is judged. For instance, a person convicted of misdemeanor sexual assault on a child in Colorado can be given a sentence of up to12 years, depending on the age of the child, his relationship with the child, and the frequency of the offence (Shipley et al., 2008). The offence is treated as class 1 misdemeanor if the victim is a minor who is not in a position to consent to the act or defend himself.

The presumptive sentence of class 1 misdemeanor is 6 to 24 months’ imprisonment under sexual offence law of Colorado (Shipley et al., 2008, p.5).The offence can also be classified as class 4 felony if the age of the child is between 15 and 18 years. Class 4 felony atrracts a presumptive sentence of 2 to 6 years of incaceration.

The same offence can still be classified as class 4 felony if Mr. Doug committed it while in position of trust. The sentence in this case is 4 to 12 years of imprisonment. Under the sexual offence law of Texas, the misdemeanor sexual assault committed by Mr.Doug is classified as class A (The State Bar of Texas, 2012). This offence attracts a jail term of a maximum of one year or a fine of $4000.

Other relevant information for informed decision making

The relevant information needed in the case of Mr.Doug include all facts that are helpful in classifying his offense. A crime can be classified into several different classes depending on the circumstances in which it was committed.

In this case, relevant information include the age of the child, the relationship between the child and Mr. Doug, and harm suffered by the child, if any. If Mr. Doug committed the offense while in position of trust, then the offense can be clasified as class 4 felony.

The sentence given to class 4 felony of misdemeanor sexual assault on a child differs depending on the relationship between the offender and the victim. The penalty is harsher if the offender is related to the victim (Hazlitt et al., 2004). Such a relationship between the child and Mr. Doug could be that of a foster father, a biological father, an uncle, or a nominated guardian.

Treatment options and alternatives for Doug

From the given information, Mr. Doug commits criminal offenses when under the influence of alcohol. He had been convicted previous of driving while drunk. He also admits, in this case, that he fondled the child improperly while under the influence of alcohol.

Therefore the treatment option for Mr. Doug is an intermediate probation depending on the class of the offense. For instance, if the offense is classified as class 4 felony as described above, then the intermediate probation period is a minimum of 10 years and a maximum of his natural life (Shipley et al., 2008, p.17).

During this probation period, the conduct of Mr. Doug will be closely monitored by probation officers when he drinks. The second treatment option is parole supervision upon release after serving a given jail term. During this period, Mr. Doug will be monitored closely by the parole supervision officers to ensure that he is fully rehabilitated (Heil & English, 2007).

Ineffectiveness of rehabilitation of sexual assault offenders in the past

The rehabilitation for persons accused of sexual assault in the past has been ineffective. This is evidenced by the statistics of repeated offenses of the same nature by the same offenders.

The judicial statistics of the United States of America and the United Kingdom indicate a rise in repetitive sexual assault offenses by 58% to 61% ,after serving jail terms with intensive rehabilitation programs (The Ministry of Justice, 2010). This means that rehabilitation programs have not been effective in deterring sexual offenders from repeating the crimes.

The report by the ministry of justice of the United Kingdom indicates that most sexual offenders have deep seated social and psychological complications which are normally not addressed in rehabilitation programs while they are incacerated. These ex-convicts often end up repeating the same crimes because they come out traumatised and emotionally distressed after staying for a long time in jail.

In the United States of America, many sexual assault offenders are potential criminals of other offenses such as drug and substance abuse, robbery with violence, and possesion of illegal weapons. Most of them are driven by lack of proffesional skills and training to help that start a living.

Others commit criminal offenses because of lack of good parenting (Borzecki & Wormith, 1987). Long term incaceration often leave them much frustrated because they get stranded on how to start up a fresh life after imprisonment (Borzecki & Wormith, 1987). These frustrations drive them back to alcohol and drug abuse which increase their propensity of repeating sexual offenses.

Heil and English (2007) underscore that the failure of the rehabilitation programs to reform convicts of sexual asssalt offenses has led to an upsurge in the repetition of the same crimes by the same offenders. In response, the judicial system has imposed harsher penalties such as life imprisonment.

They however, argue that effective deterrence is only possible when the government of the United States of America implements an integrative rehabilitation program that addresses the social and psychological challenges that serve as root cause of committing crimes. For instance, the rehabilitation program should consider the social background that may have pushed the offenders in committing the crimes and addressing them appropriately.

References

Borzecki, M. & Wormith, J.S. (1987). A survey of treatment programmes for sex offenders in North America. Canadian Psychology, vol 28(1), p.30-44.

Hazlitt, G., Poletti, P., & Donelly.H.(2004). Sentencing Offender Convicted of Child Sexual Assault .Judicial Commision of New South Wales, p.1-60.

Heil, P.,& English, K. (2007). Prison Sex Offender Treatment:Recommendations for Program Implementation. California Department of Corrections and Rehabilitation, p.1-600.

Shipley, J., Moe, J.,& Jarrett.C. (2008). Laws Governing sex offenders in Colorado. Research Publication No. 574, p.1-36.

The Ministry of Justice. (2010). Breaking the Cycle:Effective Punishment, Rehabilitation and Sentencing of Offenders. Social Justice Statement, p.1-96.

The State Bar of Texas. (2012). The Texas Criminal Justice Process: The Citizen’s Guide. p. 1-28.

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IvyPanda. 2018. "Conviction and Punishment." June 19, 2018. https://ivypanda.com/essays/conviction-and-punishment/.

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IvyPanda. (2018) 'Conviction and Punishment'. 19 June.

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