Judge Reynolds is coming up for re-election in his jurisdiction, and he is facing the case of his career. A serial armed robber, "The Pastor" Raymond Rob, has just been convicted in a jury trial in Reynolds's courtroom. Rob was found guilty on four counts of armed robbery. "The Pastor" earned his odd title because he always dressed as a pastor when entering the banks. The banks were in rural areas and were not equipped with cameras, so all descriptions of "The Pastor" had been flawed. His modus operandi consisted of passing the teller a note in his Bible and showing the tip of his gun's barrel under his sleeve in a discreet way. He was finally caught after the fourth bank had been hit, when Pastor Rob tripped going out the bank's door. A bank security guard apprehended him after he

Question

dropped his gun.During the sentencing portion of the case, Pastor Rob's attorney raises the information about Pastor Rob. He stated that Pastor Rob's mother died during childbirth and his father died shortly thereafter in a car accident. Pastor Rob was raised in a series of foster homes, never having a family to call his own. At age 21, Pastor Rob left the foster care system and began preaching in a church he established. He helped many poor families through charity events held at the church, but during hard economic times, he just couldn't find additional funds. He started robbing banks in a nearby state where people did not know him. He got his gun from a parishioner who had found it in a deceased relative's belongings and had given it to Pastor Rob for safekeeping.The prosecutor has information about four clearly planned robberies by Pastor Rob, the use of a weapon, and the use of clerical clothing and a Bible.Judge Reynolds is also a former foster child, and he has great sympathy for Pastor Rob. He has been advised by the corrections department that prison space is limited and should be reserved for murderers and those involved in drug trafficking. His jurisdiction uses indeterminate sentencing, and the punishment for armed robbery is a minimum of 5 years and a maximum of 20 years. The judge would like you, his trusted law clerk, to provide him with some guidance in the sentence he should impose on Pastor Rob by researching the sentences imposed in similar jurisdictions for similar crimes. What information are you likely to find?

What will be an ideal response?

Answer 1

Answers will vary, but students should consider mitigating and aggravating factors. The mitigating factors include "The Pastor's" sad childhood, his otherwise noteworthy efforts to assist others through charity events, and his religious vocation. Aggravating factors include the use of a weapon, the victimization of the tellers through fear, and the four counts of the felony. Students should analyze other states' sentencing practices, as well as the criticisms of indeterminate sentencing. The philosophical rationales on which the judge's decision should be based should also be considered. Answers may also include a discussion of truth-in-sentencing, as well as concurrent or consecutive terms. Finally, students should consider whether the judge's desire for re-election may play a role in this case.