Punishing the Guilty According to the Nature of the Crime

The courts should punish the guilty according to the nature of the crime.
Describe a specific situation in which the courts might justifiably take circumstances into account when punishing the guilty. Discuss what you think determines whether the courts should consider the crime or other factors in order to decide punishment.

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The goals in sentencing in the criminal justice system are multifaceted and vary according to the type of case. One goal is to protect society from dangerous acts that could be committed by the defendant in the future. Another is to rehabilitate the defendant to ensure a more positive path when released free into society. However, the main goals are retributive in nature--that is, the attempt to make the victim whole and punish the defendant in a manner that is fitting to his crime. The court, however, does not only view the act of crime per se in sentencing the defendant. It tries to gain a holistic understanding of the crime and evaluate whether any mitigating circumstances should affect sentencing. In order to seek justice in a case of a criminal act, the judge or jury should analyze the context of the crime in order to realize an outcome that will best serve society.

The retributive goal of the courts essentially involves mandating that the defendant compensate the victim for his wrongdoing. Sometimes the court cannot make the victim whole, such as cases where the victim is dead or has suffered permanent physical injury. The court cannot also allow punishment deemed excessively cruel--as laid out by the 8th Amendment of the Bill of Rights. Sometimes, however, the court will reduce punishment for a crime due to mitigating circumstances. One example includes the pleading of self defense. A defendant might harm a person because he was provoked in a way to defend his physical body and avoid grave harm or death. For instance, a man breaking and entering into a home runs the risk of being shot by the owner. This owner would probably not be held guilty in harming the burglar if he proves that shot the man because he feared for his life. In a case outside a man's "castle," courts will evaluate whether a defendant used only the amount of force necessary to keep him out of physical danger.

Some crimes normally deemed as murder may be reduced to voluntary manslaughter (carrying a lighter sentence) due to "Heat of passion" circumstances. One common example involves the scenario where a person finds his/her spouse engaging in adulterous acts and the person kills the spouse and/or partner. In order to successfully use this defense, the judge or jury member could understand how a reasonable person in the same situation would act in a similar manner. This same defense may also be used in a case where, for instance, a parent suddenly comes upon a person harming /molesting his or her child and subsequently shoots the abuser.

Courts also have recognized the mental insanity defense as a way of acquitting a defendant. This involves cases where a defendant is deemed to be clinically insane and not appreciate or understand the wrongness and nature of his crime. While the court may deem a defendant "not guilty" due to his mental condition, the dangerous person will be confined to a psychiatric hospital for an indefinite period of time. Those defendants not deemed clinically insane could also be assigned to a lighter punishment if his attorney is able to paint a picture of sympathy where his circumstances played a large role in his harmful actions

Indeed, courts not only look at the crime itself in determining sentencing---it will also listen to the defendant's arguments pointing towards mitigating circumstances. The judge or jury may or may not give heed to these defenses. However, it is the defense attorney's responsibility to explore all possible arguments to lessen or eliminate possible punishment for his client. In a system that views people as innocent before proven guilty, the court is obligated to hear multiple points of views of a case with the goal of seeking justice.