The Color of Blood - Essay Example

The Color Running Head: THE COLOR OF BLOOD: A LETTER TO THE JUDGE: The Color of Blood: A Letter to the Judge April 10, 2008 The Color 2 The Color of Blood: A Letter to the Judge April 10, 2008 Hon. Salvatore Alamia District Court Judge John P. Cohalan, Jr. Courthouse 400 Carleton Avenue Central Islip, NY 11722 Your Honor: Last December 2007, John White of Suffolk County was convicted of second degree manslaughter for the killing of Daniel Cicciaro by a jury of his peers. On March 19, he will be brought back to your court for sentencing. As one who has closely followed the case, I have some recommendations to make which I hope will help the court reach a just and fair punishment for Mr. White. These recommendations are extensively discussed in an article I have written for the purpose which I am herewith attaching in this letter. I believe that it is important to consider the circumstances under which the crime was committed, the criminal history or the lack of it of Mr. White, the effects of incarceration on Mr. White if the court will decide to opt for incarceration, the probability that he is going to commit the crime again. In addition, the court must do a balancing act as to what form of punishment is most effective and applicable to the case at bar. These are the factors that the court must first take into consideration before finally arriving at a decision as to what kind of sentence should be The Color 3 imposed on Mr. White. All these factors which are supported by a number of empirical data are tackled in the attached article. The article will provide additional materials for the court to consider. It will enumerate, for instance, the reasons why incarceration is not appropriate in the case of Mr. White. For instance, the article argues that choosing incarceration in the case of Mr. White will do more harm than good to him and to his family. In the first place, Mr. White has no previous criminal record, and previous to the case at bar, has not been known to be other than a peace loving member of his community. He is a devoted member of his religious congregation who goes to church regularly and even sang in the church’s choir. Mr. White is not anymore a young man and it would be fairly safe to assume at this stage, that his life record suggests that he is not a man given to violence. In addition, the article posits that the manner, the place and the circumstances under which the crime was committed could only be classified as mitigating. First, Mr. White did not instigate the crime itself – the opportunity was brought to him, nay, even compelled of him. He was in his home at a time when he and his family was supposed to be in bed and enjoying the peace and comfort of a house in a place known for its safe and quiet surroundings, a home that he and his wife worked hard for. He was acting in the interest not only of this home where he was supposed to have been enjoying the fruits of his labor after long years of toiling but also in the interest of his only son who was a minor at that time. Second, it was not disputed Your Honor that the gang of the deceased, all coming from party, rushed to his house for the purpose of accosting his son whom they believed had caused the posting of a message against a female friend, arrogantly confronted Mr. White who was carrying a gun with him and whacked and The Color 4 slapped the gun even as he threatened to fire the gun. In other words, Your Honor, this is not a crime that Mr. White cheerfully sought or planned. It had the elements of defense of a family member and defense of property, acts which could have been considered positive defenses and may be invoke to justify or mitigate crimes. The article, Your Honor, also provides scientific basis why incarceration in the case of Mr. White is not the best form of punishment. It discusses new studies and researches. For instance, from the point of view of psychology, there is every reason to believe that Mr. White’s act was also compelled by a traumatic event in the past. It was not disputed that his family left Alabama after their traumatic experience with the Ku Klux Klan in the south. It is widely accepted that a psychological traumatic event in the past can affect one’s judgment during critical times especially when the present event approximates the past traumatic event. This psychological perspective which may serve to explain the decisions that Mr. White made during the critical moments of August 9, 2006 are extensively discussed in the article. The article concludes in the end that per the scientific studies and researches conducted in the past, there is every reason to believe that it is more advantageous to Mr. White, his family and society in general if he does snot serve his sentence in a prison cell. The underpinnings of these studies are the present trends in the American criminal justice system which has four goals: retribution, which is deserved punishment; deterrence, to impress that in crimes the costs outweigh the benefits; incapacitation, to keep offenders from repeating crimes; and; rehabilitation, to make offenders into model citizens (Cole & Smith 2004). The scientific studies and researches discussed in the aforesaid articles were conducted by researchers acknowledged to be experts in the field of penology and involved the works The Color 5 of four groups of researchers who conducted their studies in the span of years between 1977 and 1991. The first study was conducted by Bartell and Winfree, Jr. in 1977 and involved a sampling of 100 offenders who were actually incarcerated in New Mexico. The second study was conducted by the group of Walker, Farrington and Tucker in 1981 and involved the study of 2, 069 male offenders in England. It was made for the purpose of gathering data “to analyze the reconviction rates for offenders with different types of sentences.” The third basis of the article is the work of Wheeler and Hissong conducted in 1987 which compared the misdemeanor of offenders. The last work upon which the article was based was the work of Cohen, Eden and Lazar conducted in 1991 and involved the study of 202 offenders convicted in Israel for serious felonies. Your Honor, the article whose essence I have just discussed and which is in fact, attached to this letter is, I believe, very important in resolving the issue of sentencing in the case of Mr. White. The studies were made by, as previously stated, experts in the field of penology and therefore, are highly reliable. This is not however to say Your Honor that the same should supplant the court’s appreciation of the crime and the circumstances under which it was committed nor of the court’s reception of Mr. White and his person, his family and the people of Suffolk County. I believe that the article can be a good guide to the court especially with respect to the trends in the modern criminal justice systems as well as the effects of incarceration for specific type of individuals but it cannot replace the court’s authority with respect to the case at bar. Thank you. Sincerely yours, The Color 6 References Cole, George F. & Smith, Christopher E. (2004). Criminal Justice in America. Thomas Wadsworth, pp 22-225. Song, Lin (1993). Recidivism: The Effect of Incarceration and Length of Time Served http://www.wsipp.wa.gov/rptfiles/IncarcRecid.pdf Trillin, Calvin. (2008). The Color of Blood. The New Yorker. http://www.newyorker.com/reporting/2008/03/03/080303fa_fact_trillin?currentPage=5 Weitekamp, Elmar & Kerner, Hans-Jürgen. (2003). Restorative Justice in Context: International Practice and Directions. Willan Publishing Read More