People v. Suitte (Criminal Law)

Here's the rundown:

Facts: -D pleaded guilty to criminal possession of a weapon

-Reviewing sentence of 30-day imprisonment and 3 years of probation

-Suitte possessed gun which he bought in North Carolina and never licensed in NY

-1980 gun law mandates 1 year prison sentence, judge made it 30 days

-Principal aim of gun law is general deterrence

Issue:

-Is the 30-day jail sentence too harsh given that D is not a danger to society or in need of rehabilitation?

Holding:

-No.

Majority Reasoning:

-The policy is general deterrence, and the purpose of the mandatory sentence is to impose “swift and certain” punishment on the offender, regardless of disputes about the extent to which they deseve it.

-Waiving the sentence would send a message to other gun possessors that the law does not present an actual threat of jail to first time offenders, would tell the trial court that imposing the 30-day sentence is in disagreement with the court, and would express that this court does not take the gun law seriously.

Dissent (by O'Connor)

-The trial court abused their sentencing discretion and this should be probation.

-U.S. has major problem with the amount of people incarcerated.

-Need to find alternatives to jail when there is no violence or threat of violence.

-He poses no serious threat to the community.

-The nature of the crime does not pose a serious threat to a community either.

-Operates his business in a violent neighborhood where previous owner of his shop was stabbed, thought he needed the gun for self-protection.