First Perspective
Sentence 1 envisages retributive punishment in the form of chemical castration, possibly through the use of depo provera injections to repress testosterone production by male testis, thus smothering the offender’s primate sexual urges. (Boseley).
It also involves intensive counseling sessions, electronic monitoring by use of bracelets and ten years probation. He also has to bear more than half of the cost of community correction, pay compensation to the victims and provide child support to the mother of his child. He may be released from chemical castration after four years, based on favorable reports from his probation authorities.
Reaction of Utilitarian
This advocate would look in terms of how the sentence awarded could provide future benefits to the psyche of the offender, in particular, and society in general. In other words, whether the punishment handed down would reform the lawbreaker and could help him lead a socially useful life.
Reaction of Desert/retributive Advocate
A deserts sentence would be in terms of weighting the crimes committed by the offender and making sure that he gets the punishment he deserves. To put it mildly, in this case, the offender does not seem to have been punished, but rewarded. There is nothing in this sentence to even suggest that three victims whom he had brutally sexually violated have received justice. The case of retributive advocate is even stronger. A retributive advocate looks at the past, the crimes, its settings and its commission and his main concern would be in terms of the fact that infliction of punishment need to be governed by what the wrongdoer deserves, rather than the accruing social benefits or good that may arise out of his conviction. (Pojman P 113).
Both the deserts and retributive lawyer could demand a more deterrent sentence.
The writer’s thoughts about this sentence
This is a classic case of sexual recidivism where a man has sexually assaulted two women with impunity, but has been arrested after his third sexual crime.
He needs to be punished for each of his felonies, including housebreaking and willful sexual molestation and assaults under separate Sections of the law.. The concept of fundamental justice is premised on the foundation that societal norms need to be honoured. Thus, any undue benefits gained through violation of societal norms need to be redressed, and even punished, in order to maintain the tenets of equity, law and good conscience.
In this case, it is believed that concurrent jail sentences would be in order.
Second Perspective
Possible Sentence 2 envisages three concurrent 10 year sentencing in State Prison with parole after 8 years.
Reaction of Utilitarian
He would look in terms of how the 10 year sentence would reform the convict and help him lead a normal life after release. The absence of rehabilitation in form of probation is conspicuous in this sentence.
Reaction of Desert/retributive Advocate
The deserts theory believes that punishments need to commensurate with the level and intensity of the committed crime. Therefore, in real terms, the offender needs to be punished for all three crimes. Again a retributive advocate would consider the background, nature and commission of each felony and would consider the rationale of the sentences and its justification in relation to the crimes committed.
The writer’s thoughts about this sentence
The moral rubric which governs society is based on liberty, utility and justice. (Pojman P 14).
It expounds that each person should given his/her due through a life of harmony and regard for fellow humans. Crimes occur when this delicate balance is upset and it becomes necessary in such cases to redefine the legal process through punishment and retributive action. This is not based on vendetta or revenge, but the need to provide social order to human existence and future protection of living beings.
In this case, although the offender has been a third time offender and his actions speak of cold-blooded, pre-mediated and calculated attacks on his victims after housebreaking. Thus, it cannot be argued that his actions occurred during fits of passion or sexual depravation. It was unfortunate for him to have been arrested the third time round, since had this not occurred, his sexual escapades could have continued.
It is necessary that a stronger sentence be served in propensity with his crimes.
Third Perspective
Possible Sentence 3 envisages three consecutive life sentences in State Prison, eligible for parole after ten years each( that is 30 years), before being eligible for parole.
Reaction of Utilitarian
The utilitarian would consider that life sentence would be a strong sentence since 30 years in jail would almost draw out the offender’s lifetime. Even with parole at the end of 30 years, he would not be able to enter the social mainstream even if he were reformed after that period. The utilitarian may have felt that this sentence would have been more appropriate for murder convicts and not sexual offenders.
Reaction of Desert/retributive Advocate
Although the offender is accused of sexual assaults on three occasions, the modus operandi of the three crimes have been similar. Moreover, no physical harm has been perpetrated on the three victims. Under desert/retributive justice it is important that the correct amount of punishment in commensuration with the crimes be imposed. Therefore the life sentences could be commuted to 30 years imprisonment in jail, with parole after this period is served.
The writer’s thoughts about this sentence
This offender does not deserve life sentencing since his crimes have been limited to sexual offences only. If a life term was to be pronounced it would be severe on him, considering the extent of his misdemeanours. Again, there would be no legal difference between him and hardened killers who serve life sentences for capital offences, like murders, rapes, etc.
Considering the nature of his offences it would be in the fitness of things to pronounce:
- Chemical castration to avoid the possibilities of future sexual offences in jail
- Life sentence commuted to 30 years imprisonment with parole after this period.
This sentence is not punitive since it seeks only to reform the offender and not offer opportunities under which he would be at liberty to indulge in such sexual offences in future. It is also designed to provide succor to the victims whose lives may have been diminished due to his actions.
Justice seeks to restore the fact that the independence and free living of innocent people can only be secured by long seclusion of proven criminals.
Compare Commutative and Retributive Justice in this case
In this case, the aspect of commutative justice could be seen in terms of the fact that a life sentencing would be too harsh for the offender, since it would not commensurate with his misdeeds and it would rank with more grievous crimes. Similarly, retributive justice seeks to provide only that degree of punishment that the offender deserves and not higher than it. Commutative justice seeks to provide answers to how” individuals should be treated in a given class of actions and transactions.” (Rights and Justice in International Relations). In your opinion, “What is Justice,” in this case? Do you lean toward Utilitarian, Desert, Retrubutive, Commutative or another theory in your personal view of justice?
It is necessary that justice in this case would be more in terms of protecting society rather than pronouncing punishment to the offender. While sexual offences are no doubt felonious, the circumstances under which they were committed in this case is suggestive of a pathological disorder which needs complete psychiatrically evaluation.
If the offender is found to be of normal mental and psychological heath, it is necessary that he serves his punishment. In the event there are indications to prove mental instability, it is necessary that his mental health needs to be restored before further criminal proceeding are instituted. In such a case, it would be necessary to consider even utilarian, commutative justice or distributive justice as possible options.
While justice claims that criminals need to be punished according to the gravity of their crimes, in the event of supervening factors, these factors also need to be considered by Courts before passing a final verdict.
Further, according to the U.S. Code, the purposes of sentencing, interalia, are to reproduce the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense besides affording active preclusion of criminal behavior in future. (Allbenbaugh). It is necessary that these salient aspects are upheld in this case trial also.
Works Cited
Boseley, Sarah. What’s chemical castration? guardian. 2007. Web.
Pojman, Louis P. Theories of punishment. Course Smart Reader. 2008. Web.
Pojman, Louis P. Course Smart Reader. 2008. Web.
Rights and Justice in International Relations. Open Learn: Learning Space. 2008. Web.
Allbenbaugh, Mark H. What Sentence for Osama Bin Laden and Other Terrorists? A Crucial but Neglected Question. Findlaw. 2001. Web.