According to Californian law, rape involves a person using a sex organ for oral penetration of another individual or using an object or body part to penetrate the anus or vagina of another person, regardless of the degree of the activity. Initially, Californians were not content with the definition of rape because it did not involve both genders (Alabi, 2019). However, this meaning shows that both women and men can be offenders and victims. Moreover, this definition acknowledges that the act can also happen without using sexual organs, including the penis or the vagina. Raping a victim with an object involves severer impacts hence the need to include it in this definition.
On the other hand, murder involves illegally killing another person with the deliberate desire to cause harm to Californian law. The law provides various factors that determine whether it will consider a case a murder (Acker & Lanier, 2020). One of the most significant factors includes the intent to kill. Identifying what motivated the killer to commit the crime is crucial when analyzing a case. Another factor is how the perpetrator commits the crime. These factors are also vital to consider because they help determine the severity of punishment for the offender.
Sentencing Guidelines in California for Rape
The offender’s criminal history significantly influences the sentencing guidelines for this crime in California. A conviction for this offence in this state demands the criminals to register for this crime for life. Therefore, the criminal justice system will always have records (Alabi, 2019). Once one registers as a sex offender for life, their chances of prospering in this state also reduce because it limits their rights and opportunities. Moreover, age, how the perpetrator committed the crime, and other factors affect the directives.
If the offender is an individual the victim trusted or if they have power over them, they can face worse punishment. In the worst cases, one may spend the rest of their life in prison. The same applies when the victim is a minor. The number of years an offender takes in state prison depends on the damage they have caused to the victim. For example, people spend shorter durations for standard rape if they have committed the crime for the first time (Alabi, 2019). They can spend three, six, or eight years. However, the state has a law known as the strike law. It states that if the victim of rape is below 14 years, the perpetrator should spend at least 13 years in prison. However, the number of years reduces to 11 if the victim is between 14 and 18. Regardless of age, if the offender causes severer bodily injury, they spend 9, 11, or 13 years.
However, not everyone who commits this crime in California ends up in prison. Penalties can also be probation. Various factors determine if one does not have to go to prison for committing this crime. The presence of aspects that can provoke an individual to rape another person can earn one lenience (Alabi, 2019). Moreover, less severe crimes can lead to probation. However, this state prosecutes all rape cases as felonies regardless of age or severity.
Sentencing Guidelines in California for Murder
According to Californian state law, murder involves illegally killing another person with the deliberate desire to cause harm. A conviction for this offence in this state demands the criminals to register for this crime for life. Therefore, the criminal justice system will always have records (Acker & Lanier, 2020). Once one registers as a murderer for life, their chances of prospering in this state also reduce because it limits their rights and opportunities. Various circumstances determine the severity of punishment for murder. For example, the sentence is severer if the offender utilizes a weapon of destruction. Moreover, the same applies to those who kill fighters in operations. Killing an officer trying to bring peace in an area can also lead to a worse sentence. Moreover, the punishment increases if one commits a crime while engaging in other criminal activities, including rape.
Californian law considers murder a capital offence. Therefore, it does not offer parole to everyone who commits this crime. The severity of the crime determines whether one will get parole. It punishes the offenders through life in prison (Acker & Lanier, 2020). However, it also executes the death penalty, considering the act is a capital offence. Penal Code 187 PC dictates that individuals who commit first-degree murder should face the death penalty. However, various exceptional circumstances guide this decision. If one does not get the death penalty, one spends the rest of their life in prison. Those who commit second-degree murder spend 15 years in prison.
Compare The Sentencing Guidelines For Adult Offenders And Juvenile Offenders For Rape In California.
California state law defines an adult as anyone above the age of 18. On the other hand, a juvenile is an individual below this age. One of the primary differences between the two groups is where the law enforcement officers take them after they have committed the crime (Alabi, 2019). For example, these officers take juveniles to juvenile facilities. On the other hand, they take adults to adult court. However, they may take the juveniles to adult court in exceptional situations. As an illustration, the perpetrator’s criminal history can send them to an adult court. A first-time offender is less likely to go to an adult court than a second or third-time offender. The level of damage to the victim also matters. Moreover, one’s age is a crucial aspect. When law enforcement officers take these individuals to adult court, they face severer punishment because the judge will sentence them under adult guidelines.
Another significant difference between juvenile and adult offenders for this crime is the severity of punishment. The adult penalty is severer than for those under 18 (Alabi, 2019). A juvenile should spend at least six months in the juvenile facility. However, this duration can go up to many years. The time they spend in the facility depends on their age and the severity of the offence. In the worst cases, additional punishment involves community service or fines. However, the penalty is more severer for adult offenders. For example, if the victim of rape is below 14 years, the perpetrator should spend at least 13 years in prison. However, the number of years reduces to 11 if the victim is between 14 and 18. Regardless of age, if the offender causes severer bodily injury, they spend 9, 11, or 13 years. The penalty least severe punishment is probation, while the worst is life in prison.
Compare The Sentencing Guidelines For Adult Offenders And Juvenile Offenders For Murder In California.
One of the primary differences between juvenile and adult offenders for murder in California is the severity of the penalty. The judge can never sentence individuals under the age of 18 to life in prison without the possibility of parole (Acker & Lanier, 2020). On the other hand, the judge can sentence adults without parole. Besides, based on the severity of the crime, the judge can only sentence the juvenile to a maximum of 25 years. However, adults who are supposed to spend 25 years in prison can get parole. Both adults and Juveniles go through reevaluation before releasing after life in prison to determine if they will be a threat to the public after release. However, there is a significant difference in this reevaluation. For example, the California Youth Authority is in charge of juveniles.
On the other hand, the California Board of Parole Hearings reevaluates adults. Aspects to regard during the reevaluation of adults include the sign of genuine remorse, involvement in rehabilitation initiatives, and how they behave in prison. Conversely, the aspects to regard when dealing with juveniles include community support, genuine remorse, how they performed in the rehabilitation initiatives, and the juvenile’s age when they committed murder (Acker & Lanier, 2020). After the analysis, California Youth Authority should determine if the juvenile deserves parole and inform the California Board of Parole.
Compare The Sentencing Guidelines of California and Alabama For Murder.
In California, the judge can sentence adults without parole. Besides, based on the severity of the crime, the judge can only sentence the juvenile to a maximum of 25 years (Acker & Lanier, 2020). However, adults who are supposed to spend 25 years in prison can get parole. On the other hand, in Alabama, the district attorney analyses the severity of the crime to determine whether the offence will be punishable by capital punishment or life in prison. Moreover, California lacks limitations for offences punishable by a life sentence or death, including murder. Conversely, Alabama’s limitation is 20 years from the time one murder.
Compare The Sentencing Guidelines of California and Alabama For Rape.
In California, people spend shorter durations for standard rape if they have committed the crime for the first time. They can spend three, six, or eight years. However, the state has a law known as the strike law (Alabi, 2019). It states that if the victim of rape is below 14 years, the perpetrator should spend at least 13 years in prison. However, the number of years reduces to 11 if the victim is between 14 and 18. Regardless of age, if the offender causes severer bodily injury, they spend 9, 11, or 13 years. On the other hand, individuals who commit this crime in Alabama spend at least ten years in prison (Van Leer-Greenberg et al., 2022). However, some circumstances influence the judge to sentence them to life in prison without parole. For example, raping a mentally ill person can attract this penalty (Lott, 2023). Other conditions involve when a victim is below 12 years. The general punishment is spending life in prison for a maximum of 20 years.
However, the two states exhibit various similarities regarding their sentencing guidelines for rape. For example, not everyone who commits this crime in Alabama and California ends up in prison. Penalties can also be probation. The judges must analyze various factors to determine if one does not have to go to prison for committing this crime (Alabi, 2019). The presence of aspects that can provoke an individual to rape another person can earn one lenience. However, even though the Alabama court can grant one probation, it is less likely to do it.
Compare The Sentencing Guidelines of California and the Federal Level For Rape.
The sentencing guidelines for rape at the federal and California levels exhibit differences. For example, the federal statuses determine the punishment one gets for raping another person at the national level. On the other hand, California’s penal code determines the punishment for this crime at the state level (Alabi, 2019). Moreover, at the California state level, rape is a felony and people who commit the crime can spend 3, 6, 0r eight tears in prison. However, at the federal level, the number of years one spends in prison for committing this crime depends on the severity of the offence. In the worst cases, it can be life in prison. However, they also exhibit various similarities. For example, in both levels, the number of years an offender spends in state prison depends on the damage they have caused to the victim. For example, people spend shorter durations for standard rape if they have committed the crime for the first time.
Compare The Sentencing Guidelines of California and the Federal Level For Murder.
Both federal and California sentence guidelines are based on the circumstance of murder and the jurisdiction. Moreover, in both cases, the criminal faces severe punishment. However, California has less strict sentencing guidelines for this crime (Acker & Lanier, 2020). However, the federal guidelines and rules offer a starting point that the judge must rely on when judging such cases. Moreover, at the national level, people who commit this crime face capital punishment or the judge sentences them to life in prison forever. The US Attorney General decides whether it deserves capital punishment. Various aspects influence this decision, including the perpetrator’s criminal history and the level of damage they have caused. In California, the Code 187 PC dictates that individuals who commit first-degree murder should face the death penalty. However, various exceptional circumstances guide this decision. If one does not get the death penalty, one spends the rest of their life in prison. Those who commit second-degree murder spend 15 years in prison.
Public Policies and Trends That Influenced the Sentencing Guidelines in California for Rape
Various trends and public policies have influenced the sentencing guidelines for this crime in this state. For example, the #MeToo movement, which condemns rape culture, has emphasized the need for the Californian government to facilitate the implementation of stricter laws that will help protect victims of rape (Rosenblum, 2019). Moreover, the “Three Strikes” law has considerably influenced the sentencing guidelines for this rape in this state because it mandates life sentences for those who commit violent crimes more than once. It has helped reduce crimes as one recognizes that repeating an offence can lead to severe punishment. Therefore, the sentencing guidelines had to change to help punish these criminals efficiently.
Public Policies and Trends That Influenced the Sentencing Guidelines in California for Murder
Proposition 57 is one of the most significant factors influencing the sentencing guidelines for this crime in this state. This law aims to increase the number of criminals who go for rehabilitation. One of the most significant challenges California’s criminal justice faces is overcrowding in prisons. Therefore, Proposition 57 aims to help deal with this problem. The sentencing guidelines have changed to accommodate the Proposition. Capital punishment law has also influenced the policies. For example, the state has not decided if it wants to continue using this punishment since it stopped in 2020.
The Impetus for the Public Policies and Data That Supported the Public Policies
Californians have been at the forefront of the fight against various crimes, including rape and murder. They have been involved in movements that condemn these crimes, such as the #MeToo movement (Rosenblum, 2019). more than half of the population supports this movement and wants the government to adjust the provisions of the laws about rape to ensure that the victims get the justice they deserve. Moreover, 72% of Californians support Proposition 57. They believe it will help reduce the number of people in prison, which involves various adverse impacts, including spreading diseases.
A Change to The Sentencing Policies
One significant aspect I believe should change about the sentencing guidelines for rape is that the Californian state law considers that a perpetrator can get lighter punishment if the victim provoked them (Rosenblum, 2019). I believe this guideline is irrational because sometimes offenders of this crime have claimed that they committed it because the victim wore revealing clothes. I suggest that the law should not blame victims of rape because it will encourage the offenders to commit the crime.
References
Acker, J. R., & Lanier, C. S. (2020). The dimensions of capital murder. In The American Courts System (pp. 1-39). Routledge.
Alabi, O. A. (2019). Sexual violence laws redefined in me to era: Affirmative consent & statutes of limitations. Widener L. Rev., 25, 69.
Lott, J. R. (2023). Murders in the US Are Very Concentrated, and They Are Becoming Even More So. Available at SSRN 4325838.
Rosenblum, D. (2019). California Dreaming. BUL Rev., 99, 1435.
Van Leer-Greenberg, M., Hudson, L. C., & Hoenig, L. J. (2022). Teen dating abuse, rape and violence: the dermatologist’s role. Clinics in dermatology.
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