Based on the facts provided, defendant Snooki P. will not be charged under the three strikes law. Since it is her third offense, the court finds the defendant guilty and she will be sentenced to 20 years according to the sentencing guidelines; parole is contingent.
Previously, the defendant was sentenced to 10 years with parole eligibility in two years. After reviewing the sentencing guidelines, the most reasonable sentence would be the maximum 20 years as previously requested by the prosecutors. The court had previously decided to sentence the defendant to the minimum of 10 years because, after evaluating the three strikes law, they found that the defendant’s offense was illegal but her intent was not to kill or harm, so it wasn’t necessary to charge her under the three strikes law. While the three strikes law does punish majority non-violent offenses, the court still didn’t see this as reason to punish her because they were more concerned with anyone being physically harmed or killed (Clark et al., 1997, p.1). The court did however, decide that since it was the defendants third offense, she was sentenced based on her breaking into a commercial property, obtaining items in which she didn’t pay for, and leaving minors unattended in her vehicle.
This is different from the sentencing guidelines, because the court didn’t base their decision off of the seriousness of the crime committed. The court looked at the facts of the case and made a decision that would be fairer to the defendant but still punish her for the crime. Like the original sentence, the sentencing guideline took into consideration the number of offenses the defendant had committed, but it did not consider what would be fairer to the defen...
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...ng and American Exceptionalism: The
Underpinnings and Effects of Cross-National Differences in the Regulations of Sentencing Discretion. Law & Contemporary Problems, 76(1), 161-187. Retrieved from http://mutex.gmu.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=cja&AN=88917157&site=ehost-live
Clark, J., Austin, J., & Henry, D. (1997). “Three Strikes and You’re Out”: A Review of State
Legislation. U.S. Department of Justice Office of Justice Programs: National Institute of
Justice, 1-16. Retrieved from https://ncjrs.gov/pdffiles/165369.pdf
Gazal-Ayal, O., Turjeman, H., & Fishman, G. (2013). Do Sentencing Guidelines Increase
Prosecutorial Power? An Empirical Study. Law & Contemporary Problems, 76(1), 131-159. Retrieved from http://mutex.gmu.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=cja&AN=88917158&site=ehost-live
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