Worksheet 4: Chapter 4-5
Answer both questions.
1. From Chapter 4 Punishment, Movie Producer Harvey Weinstein was sentenced to 23 years for sexual assaualt. Based on the purpose of punishment use the 4 goals of punishment (retribution, deterrence, incapacitation, and rehabilitation) discuss each goal
in terms of the punishment that Mr. Weinstein was given. Use page 79 table 4.1 as a starting point.
2. Discuss the importance of the pre-sentence report and how that has an impact on sentencing guidelines.
Each of your answers requires a citation and each answer should have several paragraphs to support your answer.
Harvey Weinstein received a 23-year sentence for sexual assault, intending for him to undergo four stages of punishment. Initially, retribution was sought, as he deserved punishment. Then, deterrence aimed to dissuade others from committing similar crimes and prevent Weinstein from reoffending. Next, incapacitation ensured he couldn't violate the law while under supervision. Finally, rehabilitation was pursued to rectify his behavior and prevent future lawbreaking. In Weinstein's sentencing, four stages are evident. Despite being eligible for a five-year term due to lack of prior convictions, he received 23 years, indicating retribution for the numerous assaults. This lengthy sentence also serves as a deterrent, dissuading him from future misconduct during his incarceration. Moreover, by isolating him from society, the sentence prevents him from committing further harm while undergoing rehabilitation.
A pre-sentence report is crucial as it provides the court with comprehensive information about the defendant's background, circumstances, and potential risks. It helps judges make informed decisions by considering factors like criminal history, personal characteristics, and the likelihood of rehabilitation. This information greatly influences sentencing guidelines, allowing for a more fair and tailored approach to sentencing that considers both punishment and rehabilitation.
