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Sally Smith Is a Well-Known Thief That Specializes in Stealing

Question 47

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Sally Smith is a well-known thief that specializes in stealing checks from mailboxes as well as writing bogus checks for items from retail stores. Her violations ranged from $25 to $3000 worth of merchandise fraudulently purchased with stolen checks. Sally is arrested for the tenth time for committing this type of crime. She had stolen checks from a retired couple living in the country. The couple was easy prey. Sally simply dressed as if she were out for a jog along the roadside and stopped by the retired couple's house under the pretense of needing a glass of water. The retired couple allowed Sally to come into their house while she drank her water. Sally notices a checkbook lying on the kitchen counter and shoves it inside her t-shirt when the opportunity arises. Sally thanks the couple for the water and then walks down the road to her car. She returns to the metropolitan area and buys a $150 dress from a small store in a nearby mall. Sally is caught in the process. The district attorney decides to make an example of Sally and pursues the case in conjunction with 15 other similar cases filed against Sally. The district attorney pursues life imprisonment because of Sally being a habitual criminal that preys upon the elderly. Sally is convicted and receives a life sentence with parole after 15 years. Sally appeals her case based on the fact that the crime was only a misdemeanor offense. If this case makes it to the Supreme Court, what will be the probable outcome? If the outcome affirms the original sentence, explain why? If not, why? Do you agree that habitual misdemeanor criminals should receive harsh sentences?

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