Ezekiel Edwards

You Be The Judge

As an immersed public defender, sometimes I think I need some perspective.

Please provide your feedback on the following:

Someone parks his car in a garage one evening. The next morning, knowing the car is still in the garage, the person nonetheless calls the police and reports the car stolen, claiming he had parked it on the street the night before, and when he returned to the location the following morning, it was gone. The police begin an investigation and the person contacts his insurance company, eventually sending the company all the necessary paperwork. Eight weeks later, the police discover the car in good condition in the garage, with a ticket indicating that the car had been parked there all along. The person is arrested and charged with insurance fraud and falsely reporting an incident. The person never actually received any money from the insurance company.

If it were up to you, would the person be charged with:

1) a felony (which carries with it a possible state prison sentence of more than one year)
2) a misdemeanor (which carries with it a possible city prison sentence of up to one year)
3) a violation (not a criminal conviction, which carries with it no more than 15 days in city jail)?

If it were up to you, assuming the person was prepared to admit guilt, what would the appropriate punishment be:

1) A period of incarceration (if so, how much?)
2) A period of probation (if so, how long --- one, three, or five years?)
3) A fine (if so, how much --- $100, $300, $500, $1,000, or $5,000?)
4) Community service (if so, how many days?)
5) None of the above

Assume the person is a 25-year-old woman with no criminal record, two children, and limited financial resources; would that change your answers to the above questions? If so, how?

Readers, please respond. I will share any feedback as part of my next entry. Thank you.

Ezekiel Edwards: Author Bio | Other Posts
Posted at 7:00 AM, Mar 14, 2006 in Criminal Justice
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