Question

Are two cases every really identical? Let's take a look at the cases below.

Jonathan H is arrested and convicted of robbing a gas station attendant at gunpoint. He takes lottery tickets and $400 in cash.

Debra J. is arrested and convicted of robbing an Uber driver at gunpoint. She takes $450 in cash.

Debra is sentenced to 3 years of formal probation and she has to do 100 hours of community service and pay restitution to the Uber driver.

Jonathan is sentenced to 3 years in state prison.

Do you think the sentence differences are fair? If not, explain why. (5 points)

List at least four reasons why the sentences might be different. For each of your reasons, tell us why that reason should make a difference in the punishment. (20 points)

Answer 1

I do not believe the sentences are fair. Both defendants have committed aggravated robbery with a deadly weapon, a first degree felony capable of 5-99 year prison sentences.


The sentencing may differ based on each of the defendants’ criminal history. Past criminal offenses can effect the sentencing of a defendant. The reason being, the potential for the individual to commit future crimes.
Another reason could be it would be easier to prove that the robbery of the gas station was premeditated because it’s an establishment. Premeditation can increase sentencing because the crime was planned out and there is more room for internal moral questioning regarding the crime.
The difference here in sentencing could also simply be the gender of the defendant. Throughout history women have received more lenient sentencing for crimes compared to their male counterparts. Gender shouldn’t effect the sentencing of a criminal due to the lack of logical basis. Lastly the the items that were stolen may have made a difference. Debra only stole cash totaling $450. However, Jonathan stole $400 cash and an undisclosed value of lottery tickets. With that being said, the value of the lottery tickets could’ve greatly surpassed Debra’s value total. Not to mention he stole two forms of personal property while Debra stole one. The value and amount of stolen property should effect sentencing because stolen property valuing over a specific dollar amount can determine whether or not the defendant will be charged with a felony.