Law Matters: Reflections of Chief Justice Michael A. Wolff

Missouri Sentencing: Crimes, Punishments and Public Safety

Discussion Questions

1. Judge Wolff talks about judges having some discretion in sentencing someone who has been convicted of a crime, which means to a certain extent judges can consider the criminal’s age, education, past record and many other factors when giving a sentence. Do you think it is important for judges to have this discretion? What factors do you think judges should consider when sentencing a felon?

2. Judge Wolff explains that while judges do have some discretion in sentencing, they must follow the range of punishment the legislators have enacted for various crimes. Would you ever favor judges having total discretion in determining a sentence for someone convicted of a crime? Why or why not?

3. In some cases, a jury may recommend a sentence when they find someone guilty of a crime, but the judge makes the final determination. Do you think it is best for a judge to have the final say in sentencing?

4. Federal judges have a lot less discretion when sentencing a criminal and follow strict sentencing guidelines. Would you favor these same kinds of headlines in Missouri? Why or why not?

5. Why do you think judges sometimes give a “120 day shock probation,” where the felon must serve 120 days and then is on probation? When do you think that might be a good sentencing choice for a judge?

6. What do you think are some good alternatives to sentencing a felon to prison time? Who would be the best candidates for these kinds of sentences?