Determinate Sentencing

Question 1

Within the Discussion Board area, write 600 words that respond to the following questions with your thoughts, ideas, and comments. This will be the foundation for future discussions by your classmates. Be substantive and clear, and use examples to reinforce your ideas.

Review and analyze the case studies listed in this week’s reading assignment, and discuss the following:

• Identify the main differences between determinate and indeterminate sentencing.
• What constraints are imposed on judges when using a presumptive or determinate sentencing model?
• Consider determinate and indeterminate sentencing.
  • What is the value of each sentencing model?
  • Discuss how 1 state uses each kind of sentencing model and how the decision is made to release a defendant from prison.

  APA format for references. At least 3 references in ABC order.

Question 2

The role of the jury is to apply the law as the judge has instructed. In this case, the defendant was charged with possession of marijuana, based on a search of his car following a traffic stop for speeding. The police did not charge him with the speeding, but only possession of marijuana. The jury was instructed accordingly. During their deliberations, the jurors discussed their anger at the police and prosecutors for using the speeding just to stop the defendant’s car and search it and decided that they wanted to send a message to police and prosecutors that they should be focusing on “real” crimes and leave people in possession of marijuana alone, even though it was still illegal in their state. Their belief was that voting “not guilty” would be a message to prosecutors and the police.

Review the materials provided, and discuss the following:

• Did the jury in this instance act outside of its scope?
• Is there any remedy for the jury’s actions?

APA format for references. At least 3 in abc format.