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. Because there are different types of theft that qualify as petty theft, there are several different charges that can be imposed. Charges can range from deferred judgment (given trial period – probation- and if no other crimes committed during that time, no penalty) for a first offense, to more serious charges, such as jail time, if it is a repeat offense.

You will determine what sentence (penalty) to give the accused, consider the following in making the determination as to what penalty or penalties to apply at sentencing:

The nature of the theft – what was stolen
The circumstances that might mitigate (partly excuse) the charges
Are there any prior criminal charges that need to be taken into consideration

I need some help in answering the following:

1. What is your decision for the sentencing of the crime (deferred judgment, fine, jail time, community service, other restitution)? Be specific in identifying which penalty you are applying and why, and which of the three factors listed above you considered in your decision.

2. Does your decision reflect the view of traditional law or the social science view of law? The traditional view of law states that law is a system of logic. The social science view of law states that moral points of view should be considered and justice determined.

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