Purchase Solution

Sentencing on conviction of ID theft

Not what you're looking for?

Ask Custom Question

You are a judge and an individual appears before you having been convicted of stealing others' identities for monetary gain. What specific information would be important to know before imposing a sentence?How would you incorporate the sentencing goals of retribution, incapacitation, deterrence, rehabilitation, and restitution in your sentence of this individual for this particular crime?

Purchase this Solution
Solution Summary

Identity theft is becoming common since computers and internet purchasing have also become common. This paper addresses a variety of choices the judge now has in selecting the appropriate sentencing for this crime. It also discusses the limitations now placed on judges by sentencing guidelines and mandatory sentencing rules.

Solution Preview

Welcome and thank you for using BrainMass! We wish you success in this and all of your endeavors.

Re: Sentencing Upon the Conviction of ID Theft

Unfortunately identity theft has become all too common with the use of computers and internet purchasing. Is this a crime that sentencing decisions could enable restitution to the victim? In the case presented here, we can presume that there was enough money stolen through identity theft that the crime was a felony.

Within the criminal justice system there is a process commonly known as the "correctional filter." This can include probation with a variety of requirements and/or plea-bargaining. By the time the sentencing stage is reached, the subject felon has already passed through this "filter" and now will be sentenced by a judge, or depending on the crime, a jury.

Sentencing has become quite complex for a variety of reasons, including the prevalence of street gangs, drug offenders and now computer scams and theft identity. Previously there was a much broader spectrum to sentencing, because there was more discretion based on the premise that the prisoner would be rehabilitated and at that point a parole board would be able to determine whether or not rehabilitation had actually occurred and then decide the length of the sentence.

Around 1974 this discretion began to change for a variety of reasons. Today probably the most influential entities in determining sentencing have been the tendency of the media to report the most heinous crimes in a manner which infers that crime rates are increasing, rather than the reality that they are decreasing, and the tendency of politicians to sue the public's ...

Purchase this Solution
Free BrainMass Quizzes
Title VII Laws

Learn the basics of the laws under Title VII.

Title VII

This Quiz pertains to the spectrum of Human Rights through Title VII

Criminal Defenses Review

Test your knowledge of the basics of criminal law and defenses with this quiz.

Contract Requirments

How much do you know about the legal requirements for a contract? Find out with this quiz!

Constitutional Law Rights

How much do you know about Constitutional Law Rights? Find out with this quiz!

View More Free Quizzes
Related BrainMass Solutions

  • Bail and Identity Theft

    Sentencing Commission to amend the Federal sentencing guidelines so that individuals who gain access to the information used to commit identity theft at their place of employment face increased penalties.

  • An Eye for an Eye

    If convicted there is little for the defendant in terms of an appeal for a theft conviction, although he or she could legally appeal their conviction.

  • What identity theft statues are in the state of Florida

    Fines: The criminal convicted of the identity theft has to pay fines, and its cost depends on the degree of felony and misdemeanor.

  • Sentencing For Petty Theft Charges

    485105 Sentencing For Petty Theft Charges Theft is defined as the taking of another person's property without that person freely giving consent. Any theft of items under a value of five hundred dollars is classified as petty theft.

  • Federal Sentencing Guidelines manual

    To do so, find the most recent year's set of Federal Sentencing Guidelines on the internet, then find all relevant sections of the guidelines for this case.

  • Critical Sentencing Issues in Criminal Justice

    In saying this, these criminologist studied historical data of serious crimes that carry capital punishment as a conviction.

  • Criminal Justice System: Sentencing and Litigation

    Sentencing represents the post-conviction stage of the process of criminal justice wherein the defendant is brought before the court to face the penalty for their crime.

  • disparity and discrimination in sentencing

    This system gives the most importance to the objectives of controlling crime and maintaining social order. For this end it encourages the use of police action, prosecution, conviction and punishment.

  • Policing, Race and Ethnicity

    For the property crimes of burglary, theft, auto theft and arson, there were 738,080 arrests of whites and 350,879 arrests of blacks. ?

View More Related Solutions