Sentencing Framework
Although Jake suffers with a mental illness there are several extenuating factors that need to be considered for this case. The first, being that at the time of the offense Jakes condition for schizophrenia was being managed and he was holding down a job and support his mother. Second, Jake knew what he was doing wrong by asking the child to keep it a secret. Third, he gave the pictures to other people. Lastly, Jake had a prior misdemeanor and a prior felony.
Jake although not convicted of child pornography charges did in fact commit an illegal act in this regard. Child pornography is defined by HG.org, in …show more content…
"Diversion programs can last from six months to a year or more. These programs emphasize counseling, treatment, and behavior modification over punitive measures. Often, participants must agree to attend classes and vocational training, participate in individual or group therapy or counseling, perform community service work, make restitution to any victim, and pay fines." (Berman, 2018, Para. 5) In Jakes case, 1 year should be assigned for the diversion. Should Jake not sufficiently complete the program a maximum of 3 years sentence should be imposed at a problem-solving court, considering this is his first felony. If completed successfully the charges would be