Maryland Criminal Justice: Retributive Justice & Punishment for Felony Offenses - Essay Sample

Introduction

The State of Maryland inherited the common law legal system from British colonialists. Hence the theory of Retributive Justice is a cornerstone of its criminal justice system. Under the retributive justice scheme, the goal of criminal punishment is to deter future criminal offending. Minor crimes are categorized as misdemeanors, and they do not have severe punishments. Major crimes are categorized as felonies, and the most severe forms of punishment are reserved for them. Bob is charged with two felonies, namely :Robbery in violation of 3-402 of the Maryland Criminal Code. (2013)

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Possession of a controlled substance in violation of 5-602 (2) of the Maryland Criminal Code. (2013).

Length of Incarceration

The punishment Bob may be subject to if they are convicted of the two crimes charged is a mixture of custodial and non-custodial sentences as well as a fine. These are the conclusions arrived at after examining 3-402 and 5-602 of the State's criminal statute.

3-402 of the Maryland Criminal Code (2013) directs that the penalty for robbery is imprisonment not exceeding 15 years.

5-602 of the Maryland Criminal Code (2013) says that conviction may result in a jail term not exceeding 20 years, or a fine of not more than $ 25,000, or both. Furthermore, a person convicted under 5-602 is not prevented from participating in a drug treatment program.

Type of Facility for Incarceration

Bob has several mitigating factors that justify the least severe form of punishment available to the criminal court. He is from a poor background, but he has such a high I.Q. that he got into college after doing extremely well in high school. He attended college for two years but had to drop out when his girlfriend became pregnant with his child. Bob now lives at home with his mother, sisters, girlfriend, and his one-year-old son. Bob has shown that he can hold down a regular job as he did before picking up a cocaine habit two years ago.

Bob's juvenile record is sealed. They may not be opened, for any purpose, except by order of the court upon good cause shown. (Md. Code, Cts. & Jud. Proc. 3-8A-27). The exception to this statutory rule is when access to the records is for criminological research purposes, and the information is intended to be used anonymously (Md. Code, Cts. & Jud. Proc. 3-8A-27). Bob's convictions as a minor for misdemeanor marijuana possession and shoplifting are not relevant to the court during the trial or sentencing stage. Furthermore, his previous conviction for misdemeanor shoplifting that had got him placed on six-month probation is not relevant evidence during the trial unless he opens the door to it by claiming that he has good character during cross-examination.

A judge who has to determine the appropriate sentence Bob has to be subjected to now has wide discretion because the Justice Reinvestment Act (2016) abolished minimum criminal sentences. There are mitigating circumstances that Bob can use as mitigation to avoid paying the $ 25,000 fine, asking for a short custodial sentence, or a non-custodial sentence that substitutes jail time with drug rehabilitation. Bob has never participated in drug rehabilitation counseling. Other than these offenses, Bob has not been convicted of any other drug-related crimes as an adult. The defendant had been making every effort to contribute to the financial and emotional support of his family. For the last three years, he has been working as a waiter at a cafe; he has plans to return to college to complete his degree. His academic record in college is outstanding.

The county jail system facilitates non-custodial sentences, but it lacks drug treatment. State prison provides custodial sentences only, and it has a good drug treatment program. There are also non-custodial drug treatment programs that also involve incarceration, mental health treatment, and restitution to victims.

Likelihood of Recidivism

The severity of the punishments attached to the crimes of robbery and drug possession is intended to deter the general public from making those crimes prevalent in the State. As such, the primary retributive justice goal used to have focus on punishing offenders and nothing more. But modern criminal justice has moved towards rehabilitation, as evidenced by the abolition of minimum criminal sentences through the Justice Reinvestment Act (2016). Now reducing the likelihood of repeat offending is a factor courts consider during sentencing.

Bob seems to have broken the law to feed his cocaine habit. Addressing his addiction conclusively will reduce the likelihood that he will re-offend. He has never gotten drug counseling.

Impact of Crime on Victims

Under Maryland law, robbery is proved when the evidence shows that a defendant intentionally took the private property or services owned by another person using actual or threats of force, with the intent to deprive the owner of these things permanently. Bob victimized Joe Kidd through the crime of robbery by depriving him of an iPad, headphones, clothing, and a MacBook computer. Article 47 of the Maryland Declaration of Rights guarantees victims of crime the right to be part of all phases of a criminal trial. The courts of Maryland must treat them with dignity, respect, and sensitivity at all times. A negative victim impact statement during the sentencing stage from Joe Kidd may lead to the court subjecting Bob to harsh punishment.

Discussion

Bob is considering pleading guilty to both charges of robbery and drug possession. According to Maryland Rule 4-242(c), a criminal court may not accept a guilty plea unless it is given knowingly and voluntarily (State v. Priet,1981). Bob should be advised about the risks associated with going to a full trial. He should be advised to plead guilty and use his drug addiction as a mitigating factor in favor of the least severe punishment. Bob has never been through a drug treatment program. Given that he is a low-wage earner, it is highly unlikely that he can afford private treatment, and not getting treatment will raise the likelihood of recidivism.

It is advisable to seek out a plea deal with the public prosecutor in which he can serve a short concurrent sentence for the robbery and drug possession while at the same time getting drug treatment.