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DISCUSSION
George is 30 years old. At age 17, George was charged with possession of cocaine and received six months of probation. At age 20, he was charged with a felony for robbery and was sentenced to two years in prison. Two months ago, George stole some items worth about $1250 from a neighborhood shop. George has admitted to the crime. He lost his job at a restaurant when it was shut down, and claims he stole to help provide for his young daughter for whom he has sole custody. Under the state's criminal code, his conduct could qualify as a felony (theft) or a misdemeanor (petty theft). He has asked the prosecuting attorney in the case for the misdemeanor charge, which would allow him to avoid incarceration.
QUESTIONS
1. If you were the prosecutor, would you file the misdemeanor charge? Yes or no? Give three reasons for your choice by addressing sentencing as it relates to the defendant, his family, and to all of us in society.
2. Define determinate sentencing and explain whether society is helped or harmed by this type of sentencing.
3. Define one justification for punishment that is met by determinate sentencing. Define one justification for punishment that is not met by determinate sentencing. Justifications for punishment in Chapter 7 include deterrence (general and specific), rehabilitation, and retribution (vengeance).
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