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The unique circumstances indicate that this event is an isolated one and that absent the abuse the offender is not likely to repeat the behavior. However, the seriousness of the crime, that is, a homicide, demands that the offender be treated firmly. The homicide is certainly understandable under the facts of the case but not necessarily justifiable. The discretion of the judge will determine to what extent the extenuating circumstances will affect the offenders sentencing.
A recommendation short of incarceration must include some form of intensive supervision for a period of time to ensure that the offender is as he appears to be, that is, a non-violent offender (U.S. Department of Justice, 1997). Such supervision should also include a period of counseling to ensure that the offender can effectively deal with any residual guilt arising from the homicide and the years of intensive abuse. Specific recommendations to this effect should be incorporated in the report.
The period of the recommended sanctions should be of a significant length. The seriousness of the crime cannot be ignored and the fact that there is media interest in the outcome raises the spectrum of criticism. Although the court...
The report must present the court with an accurate and non-emotional evaluation while offering insights into the offenders' basic character. This may result in a report that is at odds with the media's expectations but it is the responsibility of the probation department to assist the court in making an informed decision. Under the circumstances of the instant case, a period of intermediate sanctions would be appropriate but not without severe criticism from the media. Fortunately for the probation department the ultimate decision is the exclusive province of the sentencing judge.
References
Burke, P.B. (1997). Policy-Driven Responses to Probation and Parole Violations. Silver Spring, MD: Center for Effective Public Policy.
Farlex. (2002, April 1). Media Access. Retrieved December 15, 2010, from the Free Library: http://www.thefreelibrary.com/Media+access.+%28Survey+Summary%29.-a085462614
U.S. Department of Justice. (1997, May). Intermediate Sanctions in Sentencing Guidelines. Retrieved December 15, 2010, from NIJ Issues and Practices: http://www.ncjrs.gov/txtfiles/165043.txt
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