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  • Essay / Equality in Criminal Justice - 1573

    Viewing the justice system from an equal justice perspective, truth in sentencing does not take into account the offender's motivations for breaking the law. A judge may believe that it is morally right to lessen the sentence of an offender who had good intentions in committing the crime. A person may find themselves in a difficult situation, which could push them to commit a crime. Unfortunately for these people, truth in sentencing from an equal justice perspective does not allow the judge to enjoy discretion in this case. Therefore, if two people commit the same crime, but one of them has negative intentions, he or she will face the same punishment as someone who does not have those intentions. A judge loses this power to consider motive because all criminals of the same crime are considered equal. By restricting the discretion of the judge, this creates injustice within the courts. Actions are based on their motivations and a judge should have the ability to take this into account when making a decision that can have a significant impact on another person's life. Therefore, truth in sentencing and the prospect of equal justice require the discretion of a judge to rightly establish a fair sentence that takes into account all aspects of the individual and his or her circumstances.