Criminal Sentencing and Possible Reasons of Punishment

 

1. When a defendant is convicted by a trial court (or pleads guilty to an offense without a trial), the judge will pronounce a sentence, which is the penalty imposed on anyone convicted of a crime. If a defendant was found guilty of more than one crime, the judge can impose a separate sentence for each of those convictions. The judge has the discretion to make those sentences either consecutive or concurrent. Often, the sentence is pronounced in a separate proceeding.

2. Most criminal statutes set forth a maximum and minimum penal sanctions that should be imposed for a violation. Thus, judges often have a range of options in sentencing individual defendants. The judge typically sentences the offender to one or more of the following:

– educational, counseling or treatment programs (for certain types of offenses, such as domestic violence and alcohol, or drug-related crimes);

– unpaid public work service (for less serious offenses);

– fines or other financial penalties;

– probation (a sentence of supervision for a set period of time);

– incarceration (a sentence of confinement to prison or jail);

– death penalty.

3. In some jurisdictions diversion programs are available to defendants charged with certain offenses specified by statute. Diversion is an alternative to prosecution. Generally, these programs suspend criminal prosecution for a certain period of time and require that the defendant complete specified conditions – such as attending special classes and not getting in trouble with the police – during that time. If the person fulfills all of the requirements of diversion, the case will be dismissed. If the defendant fails to complete the diversion satisfactorily, the prosecution restarts the criminal procedure, and the defendant is prosecuted for the crime. The objective is to deter the defendant from further wrongdoing by offering an incentive – namely, a way to avoid any record of conviction.

4. The factors that may affect criminal sentencing vary by jurisdiction, but many legal systems include a set of sentencing guidelines that include a minimum and maximum sentence that may be imposed. Within that range, the facts of the crime are often taken into consideration when determining what punishment might constitute fair sentencing. Different people might recommend different sentences for the same crime, and the same crime performed by different offenders might warrant different sentences. Criminal sentencing is a subjective practice, not a process that can be mathematically determined.

5. First and foremost, the type of crime committed affects criminal sentencing. Almost always, more severe crimes result in more severe punishments. Violent crimes are often punished more harshly than crimes like possession of drugs or theft. Facts about how the crime was committed and the history and characteristics of the defendant might also affect criminal sentencing. In general these circumstances can be subdivided into two main groups as aggravating and mitigating factors.

6. Aggravating factors are those facts about the crime, the defendant or the victim, that tend to make the crime more serious, and thus more deserving of a harsher sentence, for instance:

– offender was the principal offender;

– there was the use of a weapon;

– torture or heinous crime was involved;

– someone was injured during the crime;

– victim was a police officer or other public official;

– victim was under the age of 12 years or over the age of 60 years;

– offence was committed in the presence of a child;

– victim was vulnerable due to a physical or mental disability;

– there are multiple victims;

– offence was committed in company with one or more persons;

– offence was racially or religiously aggravated;

– crime was committed for money;

– offence is difficult to detect;

– offence was committed by abuse of position;

– offender has got prior criminal records;

– offense was committed while in prison;

– defendant was actually on probation or parole at the time of the offense;

– offence was committed whilst on bail for other offences;

– defendant tried to oppose apprehension;

– defendant tried to escape.

7. Mitigating factors are the facts that partially explain or excuse behavior. They are often referred to in the legal context as factors that make a crime more understandable. These circumstances are not an absolute excuse and do not mean that no culpability will be attached to the actions. Mitigating factors can occasionally lessen the penalties associated with a crime. The examples of mitigatingconditions are:

– offender was a minor participant in the crime;

– crime was committed under the influence of extreme mental or emotional disorder;

– crime was committed under duress;

– defendant was mentally or physically ill at the time of commission of the offence;

– defendant has got no significant prior criminal record;

– defendant was a youth at the time of the offense;

– defendant has developmental disabilities;

– offender has got dependants;

– offender displayed genuine remorse or regret;

– there is proof of previous unblemished character of the defendant;

– culpability of the victim;

– defendant takes a plea bargain, cooperates with police and informs on other criminals.

8. However, the importance of each factor and whether they influence the sentence will vary according to the nature of the crime and the circumstances surrounding it. Thus the courts have a broad discretion as to how to deal with aggravating and mitigating factors.

9. Courts may also look at previous decisions and relevant statistics to identify if there is a pattern for sentencing that offence.

10. Besides these legally appropriate factors, the judges may also be influenced by the defendant’s social class, gender, age, and race – and even by victim’s personal characteristics.

11. While judges have many sentencing options, in some cases there are statutory provisions that specify mandatory sentences. These laws require judges to impose identical sentences on all persons convicted of the same offense. For instance, there is a statutory provision, which requires life in prison if a convicted felon has been convicted of a “serious violent felony” and has two or more previous convictions, one of which is another serious violent felony.