APA format is required. A minimum of one page of content is required to answer the required questions in each situation. Double-spaced paragraphs are required. 12-point Times New Roman font is required.
Situation 1
You are a judge who must sentence two defendants. One insisted on a jury trial and, through his defense attorney, dragged the case on for months with delays and motions. He was finally convicted by a jury. The other individual was his co-defendant, and he pleaded guilty. Apparently, they were equally responsible for the burglary.
Required questions to answer
1- How will you sentence them?
Things to consider as you prepare your assignment
Ethical Judgment: Sentence according to objective belief about what he deserves.
Moral Rules: One should do ones duty.
One should follow the law (unless its an immoral law).
One should treat people equally.
One should treat each person as an end and not as a means.
Ethical system: The moral rules are consistent with ethical formalism. The Supreme
Court has upheld the practice of sentencing a defendant more severely when he or she has demanded a jury trial; however, ethical formalism cannot support a judge who punishes a defendant for demanding their right. On the other hand, the defendant who pled guilty may have gotten a lighter sentence than he deserved. The ethical decision is to punish based on desert, not whether or not there was a trial or a deal. Utilitarianism may support harsher sentencing for trial defendants as a deterrent to those who demand trials. It is to everyones (but the defendants) interest to reduce the number of trials.