It may seem unfair that two individuals who commit the same crime receive different sentences. But when you dig deeper, the reasons for these disparities become clearer.
Typically, there are three major factors that influence sentencing:
- The nature of the crime
- Sentencing guidelines and statutory presumptions related to the crime
- The individual’s criminal history
However, courts and prosecutors may also consider other factors, such as age, mental health, socioeconomic status, education, and more. It’s essential for your criminal defense attorney to fully understand these nuances to ensure you receive the best possible outcome.
A Hypothetical Example: Should Two Women Who Commit the Same Crime Receive the Same Punishment?
Let’s consider an example: two women, both with 5-month-old babies. The first, Jill, is 18 years old, unmarried, has no high school diploma, and works at a 7-Eleven. The second, Beth, is 40 years old, a married high school teacher with a college degree. Both women, despite having no prior criminal history, leave their babies unattended in their cars on a hot summer day in San Diego. Tragically, both babies die after being exposed to the heat for hours.
Both women are arrested and charged with involuntary manslaughter and child endangerment, and neither has a criminal record. So, should they receive the same sentence? You might be tempted to think “yes,” because both committed the same crime. However, as we’ll explore, there are other factors the court and prosecutors may consider that could lead to different sentences for Jill and Beth.
- Age
Jill is 18 years old, and Beth is 40. The prosecutor will likely argue that Beth, being older, should have known better. Since Jill is still a teenager, her brain may not be fully developed (research shows the brain continues developing into the mid-20s). Beth, on the other hand, is likely to be seen as more “culpable” for not exercising better judgment.
- Socioeconomic Status
A common belief is that wealthier individuals can afford better legal representation, but what does socioeconomic status have to do with culpability? In this case, a prosecutor may argue that because Beth could afford childcare or someone to watch her baby while she shopped, she is more responsible. Jill, being less financially secure, may not have had the same options, which could lead the prosecutor to claim that Beth is more culpable.
- Education
Beth, as a college-educated high school teacher, likely has more knowledge and life experience than Jill. A prosecutor may argue that Beth’s education should have made her more aware of the risks involved in leaving her child in the car, making her actions more reckless compared to Jill’s.
- Marital Status
Beth is married, while Jill is not. Prosecutors may argue that Beth, being married and older, should have been in a better position to care for her child, and therefore is more responsible. Jill, as a young, single mother, might be seen as less equipped or supported in her caregiving role.
Should Different Sentences Be Given?
Given all these factors, it becomes clear that Jill may be seen as less culpable than Beth despite committing the same crime. The court may find that, based on age, socioeconomic status, education, and marital status, Jill is less responsible than Beth for the death of her child. As a result, Jill may receive a less severe sentence than Beth.
These additional factors, beyond just the crime itself and the lack of prior criminal records, can heavily influence the punishment someone faces.
Learn More About Sentencing Disparities
If you or a loved one is facing criminal charges, it’s essential to work with a criminal defense attorney who will fight for your rights and ensure the best possible outcome. At Carolyn L. Oliver | Criminal Defense Law Firm, we are committed to providing comprehensive and strategic defense. Contact us today to schedule a confidential case evaluation by calling (858) 456-3572.
Disclaimer:
This article is intended for informational purposes only and does not constitute legal advice. Viewing or using this blog does not create an attorney-client relationship. Every case is unique, and no statements in this post guarantee a specific outcome in your case.
