Determine The general principles of sentencing of this scenario using the triad of zinn.
Susan Stark approaches your office seeking legal assistance for her brother, Samuel Stark, an adult male arrested for murder and currently in custody awaiting his first appearance in court. She knows her brother will not readily agree to the services of a legal representative without being re-assured in some way of the legal representative's professionalism and expertise in the criminal procedure field.
The general principles of sentencing in this scenario can be determined using the triad of Zinn, which focuses on three main factors: culpability, harm, and social impact.
1. Culpability: Susan Stark needs to provide information about her brother's level of culpability in the murder case. This includes factors such as whether he had intention or knowledge of the crime, his role in the offense, and any mitigating factors such as mental health issues or coercion. These factors will determine the level of guilt and responsibility Samuel may have in the murder case, and will be considered in the sentencing process.
2. Harm: The severity of the harm caused by the murder will also be considered in the sentencing process. If there were multiple victims, the brutality of the crime, or any aggravating factors, it will affect the sentencing. It is important to gather information about the specifics of the crime and its impact on the victims or their families to determine the appropriate punishment.
3. Social Impact: The social impact of the crime and the potential repercussions on society will be taken into account during the sentencing. Factors such as the impact on the community or public safety concerns may influence the judge's decision. It is important to assess whether Samuel's actions pose a threat to society or if there are any mitigating factors that could minimize the social impact.
Considering these principles, the legal representative should assure Susan Stark that they will thoroughly investigate Samuel's case, gather evidence to assess his level of culpability, the harm caused, and the potential social impact. This will help in devising an appropriate legal strategy and advising Samuel on his legal options, ensuring he receives fair representation during the court proceedings.