DETERMINING AN APPROPRIATE SENTENCE FOR JASON

Suppose you are the judge responsible for sentencing Jason Miller, a 20 year-old man convicted of robbing a convenience store. At trial, the prosecution showed that Jason was the getaway driver for his older brother and another man (both of whom had lengthy criminal histories). Jason was not armed and did not have any interaction with anyone inside the store.

The other two men brandished firearms and struck the clerk, causing severe head trauma. Jason’s attorney presented evidence at his sentencing hearing that Jason had only been arrested once before for stealing a cell phone from another student in high school. Jason had successfully completed diversion for that offense. His attorney also presented evidence that Jason had maintained a job for two years after high school graduation as a construction worker. In your jurisdiction, you have the option of sentencing Jason to prison (for 1-25 years) or to probation (for up to five years). How would you determine an appropriate sentence for Jason?