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Sociology Of Law In Real Life: James Desmond Booth V. Florida

1189 words - 5 pages

Gibson’s older sister, Patty Gibson Bosko, testified she missed her baby sister, who was eight years younger. Bosko lives in Denver but she said that when the family visited Florida in 2005 they spent time with Gibson who was thrilled to see Bosko’s kids and grandkids. She also stated that her sister had a big, loving, heart and that she did not deserve to die the way she did.
Jurors had to with the aggravators and mitigators as they decided whether to recommend death or life in prison. Circuit Judge Randell H. Rowe III was made to give great weight to the jury’s recommendation but was not bound by it when he decided on a sentence. A tie vote among jurors is a recommendation for life, ...view middle of the document...

” He also said the murder was cold and calculated and involved a heightened level of premeditation.
One of Booth’s defense attorneys, William F. Hathaway, told jurors that Booth’s two young children needed him and that even in prison he could contribute to their lives. “You’ll hear these young children love their father and he in turn loves them and it would literally destroy them if he would be executed,” Hathaway said.
Defense attorney William F. Hathaway said that Booth was worth saving and a life sentence without parole would not diminish the life of the victim. Hathaway said that mitigating factors included that Booth has two small children who love him. Booth still encourages his 9-year-old daughter and his 3-year-old son through letters and phone calls, and when they visit him at the Volusia County Branch Jail. Hathaway also said Booth has an extended family that still cares for him. He said that sending Booth to prison for the rest of his life, 40 years assuming he lives until he is 70, would be a severe punishment.
Davis said Booth’s now 3-year-old son was born just before Gibson’s killing. “How much weight should that be given when this defendant chose to murder Gibson 11 days after the birth of his son?” Davis said.
Consequently, it took the jury of seven women and five men took about 50 minutes to reach its decision to recommend life in prison instead of death. Some of Booth’s family members hugged as a clerk read the life recommendation. Gibson’s sister, Bosko, said that her main concern was that Booth be found guilty. When he was, it did not matter to her whether the jury recommended he receive life or death.
Sociologists may have a few interpretations as to what may have led to Booth choosing a life of crime after having such a rich and somewhat healthy background, as well as him deciding to murder Gibson.
Although Booth was a member of a caring and loving family, some criminological theories may apply to him, as he is a member of a minority and possibly disadvantaged race. The Conflict Theory of sociology holds that crime results from the conflicts in society among the different social classes, and laws actually arise from necessity as a result of conflict, rather than a general consensus. It is viable that although Booth was a part of a loving family, he...

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