Types of Sentences
The reason is that, it is clear that this is a dangerous person and therefore, all the necessary measures and the maximum measures should be taken on the person. It would therefore be necessary to have a mandatory type of sentence and also the maximum type of sentence. By this, it would mean that criminal x should be jailed the maximum sentence that the criminal activity that he has committed holds. The reason is that from his previous records, he has been involved with a lot of criminal activities and some of them were like the current one. It would therefore be good to give him the maximum sentence so that he can learn and reform. While he is in prison, he should attend some rehabilitation programs so that he can change his drug addiction problem. The maximum sentence for the crime that he has committed is two years imprisonment. I would go ahead and sentence him to those two years in prison. There should be no appeal, no fines to substitute the sentence and no probation. I would also require him to register in the criminal records departments as a registered criminal so that he can be monitored while out of prison.
In the case of criminal y, it is clear that this is the first time that he has committed such a crime. It is also clear that he has never committed any other criminal activities in his previous life. However, by the fact that he lured the victim to the hotel where the other criminals were waiting for him, it is a clear indication that he was also involved in the criminal activity. As a judge, I can refer to him as an accomplice of the other criminals. The reason is that he knew of the other criminals and their activities. In addition, he knew well that if he took the victims of the gang, the victim might end up being killed.
Therefore even though the sentence may be unlimited, I would employ an indeterminate type of sentence which is usually an open sentence. I would require that criminal y be jailed for a period that does not exceed three years. The main reason for this is to discourage all the other people who may be thinking of engaging in such type of criminal activities. While he is in prison, I would leave it open such that if the correction department realizes that he has reformed, he should be set free. The main reason for this sentence is that he acted as an accomplice to the kidnappers. In addition, would also employ a consecutive sentence because criminal y can also be accused of failing to report criminal activities which he had knowledge of to the police. All along, he knew of the existence of this criminal gang and he should have reported them which he did not. For this offence, I would jail him for not more than one year on an indeterminate sentence.
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