Jurisprudence of the Criminal Law - Why Punish

Jurisprudence of the Criminal Law

Exam #1 – Why Punish?

Jack Smith (age 17)

Crime committed:

Jack Smith is being sentenced for Robbery in the First Degree (New York PL §160.15(3))

Statutorily Required Punishment:

Pursuant to NY CPL §720.10, offender is a Youthful Offender.

Class B Felony (NY SG §IV)

* Minimum, no more than 1/3 the maximum (3 years)

* Maximum, nor more than 10 years

Punishment Given:

* 3 years

Explanation of Punishment:

Class B violent felonies carries mandatory determinate sentences (NY SG §II). This is a Class B violent felony because it involved robbery under §160.15. However, this defendant is a youthful offender under CPL §720.10. Under §180.75 (4), the district attorney is authorized to remove a juvenile offender to family court other than for an armed felony or a first degree rape. In this instance, the juvenile was tried and convicted in criminal court.

On the mitigating side, he is a youthful offender with no prior offenses and because he is a Native American there may be some cultural differences that impact his culpability. On the aggravating side, the victim was severely harmed. The victim is in physical pain due to frequent headaches and his livelihood is jeopardized due to the loss of motion in his hand. Regardless of the victim’s willingness to forgive, this is a crime against the community, not just the individual. While a mandatory sentence is justifiably required, in order to remove a violent person from the community there is also the hope of his rehabilitation given his youth and lack of any prior criminal convictions.

The reasoning for the punishment is a mix of the Utilitarian View and Retribution. Jeremy Bentham states, “Upon the principle of of utility, if it ought at all to be admitted, it ought only to be admitted in as far as it promises to exclude some greater evil (Kadish, pg. 91). Yet even though the victim has forgiven Mr. Smith for his act of violence, Michael S....