Equality in criminal sentencing

 As a judge, I should strive to provide justice and fairness and adhere to the doctrine of the natural justice. In dealing with the first defendant, I understand that defendants in the U.S criminal justice system have rights such as the right to jury trial, public trial, and Miranda rights, fair trial rights among other rights which are under the 4th, 5th and 6th amendments (Kusha, 2004).  In the first case, it means that the defendant insisted on a jury trial because he pleaded ‘not guilty'.  And for this reason, the jurors should find the facts and evidence. Actually, the jurors have more arbitrary royal power than the judge since not only do they find facts but they also make honest decisions and prosecute the alleged criminals. In addition to the right to a jury trial, defendants also have the right to a defense attorney under the 6th Amendments (Kusha, 2004). Thus, as a judge, I understand the first defendant has the right to a jury trial and right to a find an attorney who would assist him in the criminal process. After going through the various process, the defendant was convicted by a jury or in other words the jury found that after finding facts and reviewing the evidence, the crime charged was true and he voted guilty. The other defendant pleaded guilty and this indicates that the defendant admitted that he was involved in a robbery and for this reason, there was no need for technical argument or a jury trial.

 As a judge, I will impose equal prison sentences for both offenders since both have committed the same crime (Kusha, 2004).  I would not consider factors such as the jury trial, use of defense attorney or early guilty plea but I will focus on the seriousness of the crime. In the first case, the defendant exercises his right to jury trial, right to appeal a motion and right to a defense attorney and his co-defendant offers an early guilty plea voluntarily. Thus, both defendants have exercised their rights and regardless of their differences, they should receive similar punishment.

 

 

Reference

Kusha, H. R. (2004). Defendant rights: A reference handbook. Santa Barbara (Calif.: ABC-CLIO.