Killers, kidnappers and mentally unstable people who do unspeakable things to innocent civilians sometimes get out of jail without life in prison or even capital punishment. Camp REACH journalism students questioned the problem and interviewed a former police officer and academic about why it happens.
“The available sentences for every type of crime are determined by legislation,” said Dr. Rick Direnfeldt.
The UTC Criminal Justice Associate Professor and former Missouri police officer explained to several Camp REACH students how sentences are determined.
“He opened my eyes up on the justice system,” said 15-year-old Nevaeh Johnson. “It was a wake up call to reality.”
The legislative branch of government, which includes the state assembly and state representatives, has already determined sentencing guidelines based on the type of crime committed, he said. He also explained that sentences may differ according to state jurisdictions.
In the judicial branch of government judges are also going to be restricted or bound by sentences they can pass by the law itself.
For example, only criminals convicted of premeditated murder or criminals who commit murder in the process of committing a felony are eligible for life in prison or the death penalty. Both of those incidents would be first degree murder. An example of committing a murder while committing a felony would be breaking into someone’’s home, but killing someone inside during the process. Even though the murder wasn’t premeditated, murders during a felonious act could also result in the death penalty or life in prison.
In other forms of murder, a criminal kills another person but without premeditation, that’s going to be second degree murder. Second degree murder in Tennessee has sentences that range from 15 years to 60 years in prison. So the death penalty or life in prison can not be applied in second degree murder cases.
Tyson Armour, 15, said the discussion helped him understand the process. “He made me think,” said Tyson. “The system determines sentences based on the severeness of the crime.”
By Taylor Mitchell, 16
Camp REACH journalism student
(Camp REACH is a program of the Mary Walker Foundation)