Question

Identify the general factors that influence a judge’s sentencing decisions. Describe how judges tailor sentences to fit the crime and the offender.

Answer 1

After a defendant is convicted or pleads guilty, a judge will decide on the appropriate punishment (or sentence) during the sentencing phase of a criminal case. Criminal sentencing for criminal offenses can range from probation and community service to prison and even the death penalty. The following resources cover the various factors that influence sentencing, "three strikes" sentencing laws, mandatory minimum sentences, state-specific guidelines and more.Determining sentences for criminals depends on various factors. Before analyzing these factors, familiarity with some background information is helpful.

Factors Considered in Determining Sentencing Decisions:-

Most crimes are specifically enumerated in constitutions or statutes, and the provision that identifies the specific crime will also identify the appropriate punishment. For example, a statute may read, "Violation of this statute constitutes a misdemeanor, punishable by a fine not to exceed $500 or imprisonment not to exceed 30 days, or both." Given this range of potential punishment, a judge will then consider certain "aggravating" or "mitigating" circumstances to determine where along the prescribed spectrum a particular criminal's punishment should fall.

Common factors considered by judges include:

• Whether the offender is a "first-time" or repeat offender,
• Whether the offender was an accessory (helping the main offender) or the main offender,
• Whether the offender committed the crime under great personal stress or duress,
• Whether anyone was hurt, and whether the crime was committed in a manner that was unlikely to result in anyone being hurt,
• Whether the offender was particularly cruel to a victim, or particularly destructive, vindictive, etc.
  (sometimes) whether the offender is genuinely contrite or remorseful.

Under Federal Rule of Criminal Procedure 32(a), before imposing a sentence, the court must afford counsel an opportunity to speak on behalf of the defendant. The court will address the defendant personally and ask the defendant if they wish to make a statement on their own behalf and to present any information in mitigation of punishment. The attorney for the government will have an equivalent opportunity to speak to the court. Similar provisions are contained in most state procedural statutes and rules. In many state courts, a victim or the survivors of a victim may also have the opportunity to address the court and recommend leniency or strictness for the sentence.

While judges do have many criminal sentencing options, in some cases there are federal and state laws that provide for mandatory sentences. These laws require judges to impose identical sentences on all persons convicted of the same offense. Mandatory sentences reflect the efforts of state legislatures and Congress to address public concerns regarding judges’ leniency or inconsistency in criminal sentencing.

The most notable mandatory sentencing laws are the “Three Strikes” statutes, which provide for 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. While these laws have been criticized for being disproportionately harsh, most have been upheld as constitutional.

In determining the sentence, judges attempt to tailor sentences to fit both the crimes and the offenders convicted of them. Judges also attempt to fashion sentences that are designed to meet one or more of the goals of punishment.

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