Sample Essay on:
Imposing Sentence in an Identity Theft Crime for Monetary Gain Case

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Essay / Research Paper Abstract

In three pages this paper images how a judge would impose sentence for such a crime in terms of necessary information and the incorporation of sentencing goals. Three sources are cited in the bibliography.

Page Count:

3 pages (~225 words per page)

File: TG15_TGidtheft.rtf

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Unformatted sample text from the term paper:

bank account information, and/or credit card information for some type of monetary purpose such as opening a financial account, charging purchases on a credit card, or establishing a line of credit (Perl, 2003). There is considerable damage to victims, the corporate sector, and society that are associated with identity theft. In 1998, the federal government passed the Identity Theft and Assumption Deterrent Act and most states have some type of identity theft legislation in place (Perl, 2003). For a judge presiding over a case in which the defendant has been convicted of the identity theft of individuals for monetary gain, there are several factors to consider before imposing a sentence. For example, was this a first offense? If the defendant has no prior criminal record, this might persuade the judge to offer a more lenient sentence than would be executed for a repeat offender. Second, what were the personal and corporate costs incurred as a result of this identity theft? With more than one individuals identity stolen, the costs in restoring damaged credit could be quite high. The sentence should reflect the amount of harm - financial and emotional - this crime caused. Also, states laws regarding identity theft can be quite different with penalties varying significantly (Perl, 2003). Whether or not the state within the judges jurisdiction classifies identity theft as a felony or a misdemeanor can have a substantial impact upon the severity of the sentence (Perl, 2003). Finally, there is the matter of culpability, which involves the convicted persons intent, whether or not this person is mentally capable of distinguishing between right and wrong, and the motives involved in the committing of this crime (Frase, 2005). Sentencing goals encompass several purposes that can occasionally conflict, which must ...

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