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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
The discretionary decision made by the judge
in this case was the sentence imposed on the
defendant. The prosecution and probation recommended a sentence of six years in state
prison and less than a year of jail confinement, respectively. In this case, the judge exercised their discretion to grant a sentence of six months in jail, with a lifetime registration as a sex offender. This decision by the judge has significant consequences, with both positive and negative implications. On one hand, an extended sentence has the potential to provide a greater sense of justice to the victim and the victim’s family. On the other hand, a decade-long prison sentence would deny the defendant any chance to rebuild their life, with the potential to cause more harm than the original crime. The laws and policies that could have an influence on the judge’s discretion in this case are the California Penal Code, Title 9 - Sentencing, Section 1182. The section states that the court may depart from the usual sentencing range after considering the circumstances of the case. In this case, the judge made a discretionary decision to depart from the sentencing range prescribed by law and policy to give the defendant a lesser sentence. References:
Ambos, K., Duff, A., Roberts, J. V., Weigend, T., & Heinze, A. (2020).
Core concepts in criminal law and criminal justice
. Cambridge University Press.
Daniel P. KesslerAnne Morrison Piehl, Kessler, D. P., & Piehl, A. M. (1998, January 1).
The role of discretion in the Criminal Justice
System
. Stanford Graduate School of Business. https://www.gsb.stanford.edu/faculty-research/publications/role-discretion-
criminal-justice-system
Discretion in the Criminal Justice System
. obo. (n.d.). https://www.oxfordbibliographies.com/abstract/document/obo-
9780195396607/obo-9780195396607-0083.xml
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QUESTION 1
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Multiple Choice
235
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Question content area top
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Please Solve In 15mins I will Thumbs-up promise
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