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Apr 3, 2024

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Emily Cowick CJ 230 Module Four Assignment Template Complete the table below by replacing the bracketed text with the relevant information. Discretionary Decision Impacts of Decision Laws and Policy When the defendant, in this instance, was sentenced to six months in jail and told to register as a lifetime sexual offender for the rape he committed, the presiding judge acted with discretion (Elia, 2018). The judge's decision will have a distinct impact on each individual involved. I think it helped him because the defendant was saved a longer sentence and a fine. Nevertheless, he was able to lead a respectable life after receiving a six-month sentence and a lifelong sex offender registry (Elia, 2018) as opposed to serving the subsequent three to eight years in jail (California Legislative Information, 2013). The decision has an impact on the victim and the victim's family as well since they will always have to live with the knowledge that the criminal got away with a simple charge and may hurt someone else. Finally, I think that this ruling may cause society's opinion of the criminal justice system to shift. The general public can think that the victim and their family were let down by the system, which could cause them to lose faith in the system's future capacity to help. Research on the issue indicates that many provisions prohibit this type of offense. A legal gap in California's penal code, 1203.065, allowed the court to sentence the defendant to a lesser amount (California Legislative Information, 2013). This rule states that a judge may provide a lesser sentence if they think it would still be reasonable if there were no evidence of coercion or force used in the commission of the crime (California Legislative Information, 2013). They considered that the offender, in this instance, did not use force and that the victim was unconscious at the time of the act (Elia, 2018). A reduced sentence may be available for the perpetrator. Despite using his judicial discretion to decrease the sentence in this case, the judge nonetheless faced criticism for it. I am afraid I have to disagree with the judge's decision, but I also believe that all procedures were followed, and no laws were breached.
Emily Cowick References California Legislative Information . (2013). Retrieved from Penal Code Section 261: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=261.&lawCode=PEN Elia, A. (2018, 08 08). PEOPLE v. TURNER . Retrieved from Leagle: https://www.leagle.com/decision/incaco20180808037
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