03 March 2011

Guess that sentence

Consider the following facts, and pay attention:  there is a quiz (of sorts) at the end.  It is about 8:30pm on a Saturday night.  A 16-year old girl--we'll call her Becky--is at an all-ages event at a downtown Rochester night club.  No alcohol, no drugs, just a bunch of local high school kids listening to DJs and dancing.  Becky is with one of her friends.  Let's call the friend Kate.  For the first half-hour or so the night is uneventful.  Becky and Kate dance and have a good time.  

Then, Kate sees a girl from her school--we'll call this other girl Jane.  Kate has issues with Jane.  Just a few weeks ago, Kate was suspended for fighting with Jane in school.

Kate and Jane start talking trash to each other.  Jane advances toward Kate, and then, well, all hell breaks loose.  Piecing the exact sequence of events together after the fact is all but impossible; Becky's friends say one thing, Jane's friends say another.  But everyone agrees that when the dust settles, Jane is bleeding from her right eye.  Jane is taken to the hospital, and later that night loses her sight in that eye.  She never gets it back.

According to Jane, Becky hit her in the face with a stiletto heel.  Jane's eye injury is consistent with a thin heel penetrating the space between the eye and the orbital bone, right near the bridge of the nose.  Jane's optic nerve was crushed, causing the loss of vision.  

Becky is arrested and charged with felony assault.  A jury hears from Jane and her friends, and ultimately believes Jane's version of events.  Becky is convicted of felony assault.

Now the question:  what is a fair punishment for Becky?  She has no criminal record.  She has never been arrested and has no history of violence.  She was 16 years old at the time of the fight.  She was out of jail while the trial was pending, and did all the right things:  continued her education, went to counseling.  On the other hand, Jane is blind in one eye, and Becky has been convicted of causing her injury.  

So you are the judge:  what sentence do you impose?  

You could adjudicate Becky a youthful offender.  If you do that, Becky will not have a felony on her record.  The YO sentence can be anything from probation to 1 1/3 to 4 years in prison.

Or, you can sentence Becky as an adult.  The felony will stay on her record.  The minimum prison sentence is 5 years; the max is 25.  

You can vote in the poll over to the left.  The fact pattern is based on a real case.  I'll reveal the sentence the real-life Becky is currently serving next week.      

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