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Judge Ridgeway: 2/27/174 purposes of sentencing – punishment, protect public, deterrent, rehabilitationneed to consider all four when sentencingactive sentence – period of incarceration in prisonsentencing based on range of months in NC (example (60-81 months) was for armed robbery)with good behavior, could be released at low end of range; poor behavior - stay the whole time – incentive for good behaviorpresumed that they will spend amt of time somewhere in the middlesuspended sentence – judge orders active sentence but it’s not invoked – allows defendant to be on probationif you follow terms of probation, you never have to serve the active sentencedecision: what’s best for the person & for the communityprobation either supervised or unsupervisedrules: stay in school, stay gainfully employed, warrantless searches, drug/alcohol tests, firearms, criminal offenseviolating probation in final month of probation – don’t get credit for ANY of the time spent on probation – go to prison for the entirety of your sentencespecial conditions of probation – community service, mental health/substance abuse evaluation & recommendations from professional become part of probation personalize a sentence through rules of probation & get resources to people to help them stay out of prisonsex offenses = “reportable offenses”more restrictions than regular rules – register as sex offender, monitoring system (ankle bracelet), not reside in a household with any minor children (even if family), warrantless searches, forbidden from social media/internet accesscrimes involving physical or mental abuse of a minorrestitution: payment to victim for financial loss caused by offensecommunity service in area where offense occursparole: early release from active sentence prior to expiration of its termno longer the case in NC!! NC structured sentencing act (1994) did away with parolelets the public & the defendant know exactly how long the defendant will serve (range of dates)murder under the age of 18 is the ONLY crime with possibility of parole (very slim possibility)2 primary factors determine length of sentencewhat crime did they commit (severity of the crime) & what’s their prior criminal record?MISDEMEANORSClass A1 – most serious: sexual battery (unwanted touching in a sexual manner), stalking, assault on a femaleClass 1 & 2 – in the middle: simple assault, possession of drug paraphernalia, resisting an officerClass 3 – least serious: simple trespassing, simple litteringFELONIESClass I – least serious: possession of certain controlled substances, breaking into vehicle, assault on a judgeClass H-B1 – middle: breaking & entering (H), armed robbery (D), 1st degree rape/2nd degree murder (B1)Class A – most serious: felony murder (ex: committing felony with deadly weapon & in the course of the crime, someone dies), premeditated murder life or death penaltyOFFENDER’S PRIOR CRIMINAL RECORDpoints assigned for every prior conviction & added upmisdemeanors get one point, etc – sum of points = defendant’s prior record levelprior record level ranges from I (no prior record) to VI (lengthy record)letters on sentencing reference sheet: “A” stands for active sentence – judge must sentence that person to active sentence if it falls under “A” levelif it says “I/A” judge has choice between active or inactive (suspended)some offenses don’t have an “A” – judge cannot send the person to prison on an active sentence – must be probationaryDiscretion: role of judge in setting sentencesGeneral Assembly has told us what appropriate sentence range is for certain crimes – lots of requirementsmany times it’s left up to the judgewhy we have a person sitting there deciding what the sentence can beconcurrent vs. consecutive sentences for multiple offensesconsecutive (“boxcar-ing”)judge has lots of discretion when it comes to consecutive/concurrent – up to the judge alone**”if judge is ticked off that day” – show video of girl who doesn’t seem to care speaking to judge**Ridgeway – thinks in terms of victims – each victim is entitled to a sentence for the crime“substantial assistance” – “snitch” or sell someone out in order to get out of mandatory minimum sentence for trafficking become an informantaggravating/mitigating factorsother factors: wise use of tax dollars & public policy? – cost of probation vs. prison timeRidgeway’s plan to keep young people out of prison & direct them towards higher educationwhat the prison population looks like: heavily slanted towards male, but female percentage is going up; over ? of prison population don’t have a high school degree – statistically, once you get a high school diploma, you are much less likely to end up in prison; very few in prison for serious crimes – drug offenses & crimes against property = highest frequencythinking about legalizing marijuana – cost of keeping people in prison for drug offenses – not about whether it’s right or wrong, but about decriminalizing & saving money – fiscal argument rather than moral argumentlook @ two case studies#1: Vince J. & TF:Statutory rape (class C felony)Level 1 offender (no prior record)IF all 3 elements of the offense are proven beyond a reasonable doubt to be true, the person is guilty of statutory rapeAs judge: oath to follow the law of NCreal debate: judges have problems when they are required to follow a law that they might disagree with“activist judges” – judges who think they know more than the law says – disregarding law for personal beliefsno element of consent in the written law, no element of lying – knowledge & intent are irrelevantGeneral Assembly says children up to the age of 15 aren’t capable of making these decisions – children are easily victimized, which is why they are protectedPresumption that a 19 year old is capable of making those decisions but a 15 year old is notSTATE presses charges – not up to the victim to decide to press charges or not, but the victim can choose not to cooperateobligation to report – doctor/nurse/social worker could report even if parents didn’t reportRegistered Sex Offender:required to register addresscannot reside within 1000 feet of a schoolno social mediacannot be on premises of school/place where minors are30 years-lifemay petition to remove after 10 years**lifetime consequence** - “collateral consequence”because the consequences are so high, sometimes charge is reduced to “indecent liberties with a minor” through plea deal – allows for inactive sentence (probation)serious consequences of sentencing#2: Chris Kearney:Discretion: can use probation or an active sentenceLowest active sentence = 10 mo., max of 20 mo.Judge could impose up to 42 months in prison (consecutively)Judge can consolidate them all in mitigated range & give one 10 month active sentence OR Judge can suspend sentence & give probationquestions: danger to society? learn his lesson? rehabilitation? – why type of sentence does chris need?impose longer sentence with probation than you would for an active sentence – increase the incentiveRidgeway: presumption that each victim will lead to punishment for defendant ................
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