Sentencing is based upon the assumption that the perpetrator acted upon his or her own free will and decision to commit a crime was a free-will choice. Furthermore, the sentencing model assumes that...


Sentencing is based upon the assumption that the perpetrator acted upon his or her own free will and decision to commit a crime was a free-will choice. Furthermore, the sentencing model assumes that punishment such as incarceration will deter future criminal acts. However, not all crimes appear to be a free will act. For example, persons arrested for driving while intoxicated may be unable to conform their behavior to the law regardless of the punishment. The National Highway Traffic Safety Administration estimates that one in three persons arrested on drunken-driving charges are repeat offenders. There are numerous examples of extreme repeat offenders. In Minnesota, a 61-year-old man was convicted 27 times for DUI. In Pennsylvania, a man was arrested five times in less than a year. In Texas, Donald Middleton was sentenced to life in prison after his ninth conviction for DUI. Mr. Middleton had been sentenced to four previous terms of incarceration for DUI including a 13-year prison sentence. What sentencing model would promote community safety and deter repeat offenders from driving while intoxicated?



May 05, 2022
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