Final Assignment: Case 1 Jake is 27 years old and has suffered from Schizophrenia since he was 21 years old. Stx months ago, he spent a month in the hospital for psychiatric treatment to establish a new medication regime. His prior medication was not controlling his psychotic symptoms. His condition has since been stable and he obtained a job as a landscape helper through a friend of his maternal uncle. He has always lived with his disabled mother who depends on him for her shopping, laundry and other house hold chores. 'When working at a home mvolving a large landscape design project, Jake made friends with Kim, the 8-year-old daughter of the family. One day, she saw him behind a tree taking pictures with hiz cell phone of a 16-vear-old neighbor which she thought was strange. She asked him what he was doing and he said playing a game. She mentioned it to her parents and they contacted the police after they learned that he was taking pictures of the neighbor girl. The police obtained a warrant and found photos on a computer in Jake's home. The computer provided evidence that he had copied photos of the girl undressing in her bedroom to two guys who were friends in his serious mental illness support group. Jake was charged initially with unlawful distribution of images via the internet, which 1s a class 4 felony. However, Jake pled guilty to a class 5 felony for the surreptitious photographing of a person while nude. Presume this offense occurred in Arizona. Refer to ARS: 13-1425. Jake has had two previous convictions (for drunk and disorderly, a class 1 misdemeanor, and for theft---a class 2 misdemeanor). Jake received a fine, and a short jail sentence for each of his prior offenses The terms of imprisonment in Arizona for a presumptive, minimum, maximum, mitigated or aggravated sentence shall be within the range prescribed below for a class 3 felony. Inkeeping with presumptive sentencing practices, the judge may depart slightly from the presumptive sentence depending on the specific circumstances of the offense. Presume also that the offense is probation eligible: The prison terms in Arizona are as follows for first time felons. We mclude some other terms beyond a class 5 felony to provide vou with a sense of sentencing ranges. Felony Mitigated Minitmum Presumptive Maximum Aggravated Class 4 lyear 1.5 years 2.5 years 3 years 3.73 years Class 5 Syears 75 1.5 year 2 years 2.5 years Class6 33 5 years 1year 15years 2.0 years Refer to ARS: 13-701 to obtain a sense of what are considered aggravating and mitigating factors (http:/waw.azleg goviars/13/00701 httrr). These are statutory aggravating and mitigating factors. One can also consider in your recommendation non-statutory mitigating factors. The period of Probation in Arizona for a class 4 felony 1s 4 years. Probation terms for class 5 and 6 felonies are for 3 years. You can assume that Jake's offense is probation eligible. Certain crimes disqualify individuals for consideration for placement on probation in most states. Ifa person has been convicted of an offense and is eligible for probation, the court may suspend the imposition of execution of the sentence, and if so, shall without delay place the person on intensive probation supervision, supervised or unsupervised probation, on such terms and conditions as the law requires. The Court can also split the sentence to include a jail term followed by a probation term. The imprisonment lengths differ from the jail and prison lengths. 1. Jake has a mental illness. Sentence Jake, explaining vour chosen sentencing framework (deterrence, rehabilitation, retribution, or incapacitation) and your specific sentence. You can consider diversion to treatment or a specialty treatment court besides the options of imprisonment or probation supervision. 2. Describe whether your sentence would be different if: a) Jake had no previous convictions b) Jake was experiencing symptoms at the time of the offense because his condition was no longer stable. ) Jake was not a primary support for his mother. 3. Explain whether you support the decision made to prosecute this case in the criminal justice system rather than pursue diversion to the civil mental health system because of the defendant's mental health status. Your answer should include principles of justice and assumptions about mental illness covered in this course. You tnust cite sources from readings, PowerPoints or other sources that support your conclusions for your sentencing recommendation and why this case needed to be treated in the criminal justice rather than the civil mental health system