question archive A college student who has no previous criminal record engaged in reckless driving and a pedestrian was killed as a result
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A college student who has no previous criminal record engaged in reckless driving and a pedestrian was killed as a result. Should this offender be considered for a sentence of community supervision? Why or why not? In addition to providing justification with resources, detail two factors you took into consideration in determining whether or not they should receive this sentence.
From the analogy provided above, the offender, in this case, qualifies to be considered for community supervision based on the fact that he or she is a first-time offender and has never been exposed to the criminal justice system before. Simultaneously, the offense's nature is more of a traffic accident than murder, and thus, the offender should be treated with some leniency by the court. At the same time, the offender is a college student which in this case, maybe an adult slightly above the age of the majority. Based on the analogy provided above and in my own perspective, the offender deserves or rather qualifies for community supervision.
Step-by-step explanation
There exists a number of factors considered in the course of sentencing. Among them includes the nature of the offense committed by the offender, the culpability of the offender, the presence of mensrea, which in this case includes determining whether the offender had the intention of committing the crime, the offender motivations, whether the offender is remorseful, whether he or she is a first time offender or has a record of re-offending among many others (Sanders et al., 2010).
In most cases, first-time offenders are usually given the benefit of the doubt by the criminal justice system through being granted non-custodial sentences. This is based on the analogy that they do not have previous records of offending and might have engaged in crime due to circumstances. Among the common forms of non-custodial sentences includes probation, parole, and community service order.
From the analogy provided above, the offender, in this case, qualifies to be considered for community supervision based on the fact that he or she is a first-time offender and has never been exposed to the criminal justice system before. Simultaneously, the offense's nature is more of a traffic accident than murder, and thus, the offender should be treated with some leniency by the court. At the same time, the offender is a college student which in this case, maybe an adult slightly above the age of the majority. Based on the analogy provided above and in my own perspective, the offender deserves or rather qualifies for community supervision (Robinson & Crow, 2009).