Sentencing and

Punishment

Sentencing

• Happens after a guilty verdict.

• Happens also if a defendant pleads guilty before a trial were to take place.

• Judge decides on a punishment.

Sentencing: Determining factors

LEGAL FACTORS• Some crimes have set

punishments established by law: “mandatory”.

• Others are entirely left to the judge’s discretion.

• Some punishments are prohibited by law (i.e. Death Penalty).

MORAL FACTORS• Mitigating Factors: aspects

of crime that make it less severe (i.e. provocation, addiction).

• Aggravating factors: aspects that make the crime more severe (i.e. cruel intent, harming a child, etc)

Sentencing Determining Factors

• In many cases there is a maximum and minimum sentence, and a judge must choose within this range using mitigating and aggravating factors to determine where within this range a sentence should fall…

SENTENCING: Determining Factors• In all cases of sentencing, the 8th Amendment must be

applied… i.e. “…no cruel and unusual punishments…”

SENTENCING: Rationale

• In each sentencing a judge will provide a rationale for why a particular sentence was chosen.

Sentencing Rationale

• Read your handout and determine a suitable punishment in each case using mitigating and aggravating factors…

• Write your rationale for the punishment!

TYPES OF SENTENCE

• FINES: Money paid to the government.

TYPES OF SENTENCE

• PROBATION: Trial period in which a person is watched by the government for a set time.

TYPES OF SENTENCE

• COMMUNITY SERVICE: Tedious, often menial work such as picking up litter.

TYPES OF SENTENCE

• RESTITUTION: Paying someone back for damages caused or items stolen.

TYPES OF SENTENCE

• REHABILITATION: Medical/psychological treatment and education.

TYPES OF SENTENCE

• HOUSE ARREST: Limited movement. Usually wear an ankle bracelet.

TYPES OF SENTENCE

• SUSPENDED SENTENCE: Sentence “put off” pending good behavior.

If a convicted person misbehaves, the sentence becomes active (i.e. arrest warrant issued and sent to jail to fulfill the sentence).

TYPES OF SENTENCE

• COUNTY JAIL: Short time (usually less than a year), for minor crimes.

TYPES OF SENTENCE

• TIME SERVED: If a person already spent time in jail waiting for a trial, a judge may count this towards a sentence.

• Sometimes a judge might release someone at sentencing if he/she has already exceeded the time for the crime they have been convicted.

TYPES OF SENTENCE

• STATE PRISON: Extended time, 1 yr to life, reserved for serious crimes.

TYPES OF SENTENCE

• INSTITUTION FOR THE CRIMINALLY INSANE: Incarceration for persons deemed unfit for regular prison on account of their mental condition.

TYPES OF SENTENCE

• DEATH PENALTY: Reserved for 1st degree murder in some states and Federal Gov. (Has also been used for treason very rarely)

Appealing a Sentence

• Sentences and verdicts can only be appealed if there are grounds to believe that there were mistakes made in the conduct of the trial.

• The law must have been applied incorrectly or a defendant’s rights must have been violated.

• Very few appeals are successful.