Institutional and Community Corrections
February 25, 2013
What is the purpose of this document? The reason for this paper is to discuss what particular knowledge would be significant to know before the judge can impose a sentence on the individual that has been brought into his or her court room and convicted of identity theft. This document will first, give the definition of identity theft, then, discuss why identity theft is the number one cause of theft, next, this paper will discuss what the judge needs to know before handing down his or final decision to the individual that has been brought into their court room. Finally, this document will also talk about how I (Dena White) will incorporate retribution, incapacitation, deterrence, rehabilitation, and restitution to the individual that has been convicted of the crime. Why do individuals need to be punished for identity theft?
Identity theft is a form of stealing someone’s identity in which someone pretends to be someone else by assuming that person’s identity typically in order to access resources or obtain credit and other benefits in that person’s name. In addition, identity theft occurs when someone uses another person’s personal identification information, for example, their name, identification number, Social Security number, or credit card information without their permission.
Oxford University Dictionary (2007) In fact, identity theft is the number one cause of a person acting as an imposter to gain specific personal information form unsuspected individuals.
White (2013) Specific information needed: The first piece of information the adjudicate needs to know is how many identities from the unsuspected people have been taken for example, one, two, three or more. In fact, the second part of needed information the judge needs to know is how and where the information was obtained for example, going through someone’s garbage, dumpster diving, copying information from credit or debit cards, or retrieving the information from the internet. In addition, the judge would have to know what the individual had planned to do with the information for example, make purchases or withdraw money for an account for personal use. White (2013) “Finally, and may be one of the most critical question the judge would need to know is if the individual has had any other types of crimes.” Mann (2011)
Retribution, Incapacitation, Deterrence, Rehabilitation, and Restitution: Retribution - I (Dena White) would incorporate that the individual be placed into jail or prison and the amount of the stay would be determined by the amount of money stolen from the victim or victims and if the individual had any other prior convictions for example, a first time offender would receive a five year jail or prison sentence, a second time offender would receive 15 years, and the third time repeat offender would receive life in prison or jail. Moreover, if the individual was a juvenile they would be forced to complete a treatment program for juveniles. Incapacitation – the individual if it was their third strike would be sentenced to life in prison or jail without the possibility of parole. On the other hand, if the individual was a juvenile he or she would be put on house arrest, made to wear an ankle bracelet, and report to a probation officer every week. Besides, all of this the juvenile would have to call their probation officer every day until the