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Ima Felon Sentencing Exercise

Introduction

Michigan uses an indeterminate sentencing structure where judges determine the sentence

terms guided by the maximum and minimum sentences. The sentencing structure also gives the

parole authorities more discretion for parole decisions implying that some offenders are always

released before their terms come to an end. Apart from prison sentences, Michigan also applies

intermediate sanctions, which serve as an alternative to jail terms. Based on Felon’s pre-sentence

report and his social history, the recommended sentence would be a split sentence involving 60

days jail term and three year probation period.

The proposed Sentence

From Felon’s pre-sentence report, the recommended sentence would be a split sentence.

A split sentence involves both a jail term and probation (Mitchell 15). Even though Felon claims

in his statement that he was lured into committing larceny by James, his pre-sentence report

indicates that he is not a first time offender. For instance, while still a juvenile, he was convicted

of stealing and entering and served a two-year probation term successfully. Three years later, he

was convicted of stealing and served another two-year probation sentence with 30 days jail term.

The probation officer has also noted that Felon has a poor reporting record. Additionally, he has
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tested positive for marijuana in two of the urine tests conducted on him. Felon’s social history is

also worrying as his mother claims that he does not follow her instructions and has been on

marijuana for some time. The social life, together with the pre-sentence report, provides a ground

for a split sentence composed of 60 days jail term and a three-year probation term. The sentence

should be longer as the other shorter sentences have failed to yield the desired results. Therefore,

the longer sentence can help achieve the goal of deterring and rehabilitating him from criminal

behavior.

Goal and Rationale of the Sentence

The first goal of the split sentence is to deter Felon from committing future crimes.

Deterrence refers to the use of punishment to discourage offenders from committing future

crimes (Mitchell 22). The idea behind the goal is that once the offenders are punished, they will

be able to recognize the consequences of their actions and, thereafter, change their general

behaviors. The 60 days jail terms will serve as deterrence to Felon. It is expected that after the

jail term, Felon will be able to realize that his actions were wrong and stay away from getting

involved in criminal activities. Another goal of the split sentence is rehabilitation. Rehabilitation

refers to restoring an offender to a state of moral or social health (Demleitner et al 32). In this

case, the goal will be achieved through the three-year probation term handed to him. The

probation term will allow the probation officer to develop proper strategies to help Felon work

on his behaviors, including stealing and drug use. The period will also help the probation officer

monitor his behavior and not whether he is ready to change.

Conclusion
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Felon’s pre-sentence report and social history indicate that he still has a problem

regarding crime. Since he has a negative probation report, his punishment would be

recommended to be more severe than the ones given in the past. In this case, a split sentence

would be more appropriate with longer jail and probation terms. The long sentence will help

ensure that Felon is deterred against committing future crimes and being rehabilitated. The need

for rehabilitation is also important based on the fact that he is currently on marijuana, making it

difficult for him to avoid criminal behaviors.

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Works Cited

Demleitner, Nora, et al. Sentencing Law and Policy: Cases, Statutes, and Guidelines. Wolters

Kluwer Law & Business, 2018.

Mitchell, Kelly Lyn. Sentencing Commissions and Guidelines by the Numbers. Minneapolis:

Robina Institute in Criminal Law and Criminal Justice, 2017.