After a defendant receives a guilty verdict, there is more work to be done. This assignment allows you to explore sentencing options as you continue to think about the case your learning team worked on in Week 3. Read the ruling carefully and return to the case specifics in Week 3 if you need a refresher. Refer to How Courts Work: Steps in a Trial: Plea Bargaining from the American Bar Association website as you work on this assignment.

QUESTION

After a defendant receives a guilty verdict, there is more work to be done. This assignment allows you to explore sentencing options as you continue to think about the case your learning team worked on in Week 3. Read the ruling carefully and return to the case specifics in Week 3 if you need a refresher. Refer to How Courts Work: Steps in a Trial: Plea Bargaining from the American Bar Association website as you work on this assignment.

The ruling for State v. Stu Dents is in and the defendant, your law firm’s client, was found guilty. As a paralegal, your task now is to help the attorney consider the sentencing options for the client and determine what to propose to the court.

Read the Ruling on State v. Stu Dents. Use this information as the basis for your sentencing proposal.

Write a 1,050- to 1,400-word sentencing proposal in which you address the following:
Formulate 2 distinct sentencing arguments.
Identify the desired outcome of each punishment. Is a plea bargain a consideration? If so, what is that desired outcome?
Identify alternative and intermediate sanctions.
Explain how the Eighth Amendment influences the outcomes of this case.
Format your paper according to APA guidelines.

ANSWER

Sentencing Proposal for State v. Stu Dents

Introduction:
In the case of State v. Stu Dents, the defendant has been found guilty, and as a paralegal, my role is to assist the attorney in formulating a sentencing proposal. This proposal aims to present two distinct sentencing arguments, identify the desired outcomes of each punishment, consider the possibility of a plea bargain, discuss alternative and intermediate sanctions, and explain how the Eighth Amendment influences the outcomes of this case.

Sentencing Arguments:

1. Rehabilitation and Restorative Justice:
One potential sentencing argument for Stu Dents is centered around rehabilitation and restorative justice principles. This approach focuses on the reform and reintegration of the offender into society while addressing the harm caused by the crime.

Desired Outcome: The desired outcome of this punishment is for Stu Dents to receive a sentence that emphasizes rehabilitation. By providing him with the opportunity for personal growth and addressing the underlying factors that contributed to his criminal behavior, it aims to reduce the likelihood of future offenses.

Consideration of Plea Bargain: A plea bargain may be a consideration in this scenario. By negotiating a reduced sentence in exchange for Stu Dents’ full cooperation in the rehabilitation process and participation in restorative justice programs, the desired outcome would be a constructive and meaningful transformation that benefits both the defendant and the community.

2. Deterrence and Community Protection:
Another potential sentencing argument for Stu Dents revolves around deterrence and community protection. This approach focuses on discouraging both the defendant and others from engaging in similar criminal conduct while safeguarding the community.

Desired Outcome: The desired outcome of this punishment is to impose a sentence that serves as a deterrent to Stu Dents and others who might contemplate similar actions. By holding Stu Dents accountable for his crimes and imposing a punishment proportionate to the offense committed, it aims to protect the community from potential future harm.

Consideration of Plea Bargain: While a plea bargain may still be considered in this scenario, the desired outcome would involve Stu Dents accepting responsibility for his actions and cooperating with law enforcement and the judicial system. The plea bargain may involve a reduced sentence in exchange for providing information or assistance in preventing or solving other criminal activities.

Alternative and Intermediate Sanctions:

1. Probation:
Probation can be considered as an alternative sanction for Stu Dents. Under probation, he would be released into the community under certain conditions and supervision, requiring regular reporting to a probation officer and compliance with specific terms, such as attending counseling or rehabilitation programs. This option would provide an opportunity for Stu Dents to demonstrate his commitment to rehabilitation while being closely monitored.

2. Community Service:
Community service is an intermediate sanction that can be utilized to promote restorative justice and enable Stu Dents to make amends to the community. By assigning him a specific number of hours to work in a community service program, he can contribute positively and learn from his actions while benefiting the community at large.

The Eighth Amendment’s Influence

The Eighth Amendment of the United States Constitution prohibits cruel and unusual punishment, which influences the outcomes of this case. The proposed sentencing options aim to align with the principles of proportionality, fairness, and humanity, ensuring that the punishment is not excessive in relation to the offense committed. By considering rehabilitation, restorative justice, deterrence, and community protection, the sentencing proposal seeks to strike a balance between punishment and the opportunity for personal growth, ultimately respecting the defendant’s rights under the Eighth Amendment.

Conclusion

In conclusion, the sentencing proposal for State v. Stu Dents offers two distinct arguments, each with a desired outcome tailored to the principles of rehabilitation and restorative justice, as well as deterrence and community protection. The consideration of plea bargains provides an opportunity for Students to contribute to his own transformation and help prevent future crimes. Moreover, the proposal suggests alternative and intermediate sanctions such as probation and community service to address the case in a manner that upholds the principles of fairness, proportionality, and humanity, as dictated by the Eighth Amendment. By carefully considering these factors, the sentencing proposal aims to achieve a just outcome that benefits both the defendant and society as a whole.