The Sentencing Phase Of A Criminal Case - 902 Words

Sentencing After a defendant is convicted or pleads guilty, a judge will then decide a suitable punishment (or sentence) during the sentencing phase of a criminal case. There are varying outcomes that can influence sentencing offenders, they can range from probation and community service to prison and even the death penalty. Minor infractions, misdemeanors, or offenders who plead guilty usually get sentenced almost immediately after ones convictions. In complex criminal cases such as serious felonies, the sentencing judge will usually receive input from the probation department which prepares a pre-sentence report with recommendations. Prosecutors and the defense will also speak to the judge regarding to ones convictions. There are several factors that a judge can choose from when determining a criminal sentence. These include: Does the offender have prior criminal history; Was the offender an accessory or the main offender; Was the offender under any personal stress or duress when the crime wa s committed; Was anyone injured; Was the offender cruel to a victim, or destructive in nature, did the offender display remorse or regret for crimes. However, not every conviction means a trip to prison. Judges in most cases have a great deal of discretion when determining a sentence. Some of these alternative sentences can include suspended sentences, community service, probation, deferred adjudication, and even fines or restitution. Furthermore, multiple sentences can be servedShow MoreRelatedThe Criminal Justice System Of The United States Constitution1184 Words   |  5 Pagescommitting a crime. In an attempt to balance this authority the United States Constitution guarantees a number of inalienable rights to protect its citizens against tyrannical government power. These rights create the framework of the adversarial criminal justice system that relies heavily on the advocacy of each party and a relatively passive and impartial judge acting as a neutral arbiter. The objective of this structure is to encourage the advocates to develop relevant facts, evidence, and legalRead MoreRape and Extending the Sentence for Rape782 Words   |  4 Pages(CVS) and the national average for people accused of rape is eight years in a federal prison. Rape is a serious crime as well as other crimes but rape is considered to be a more serious and heinous crime along with murder etc. There are also different phases of rape that the victim may go through depending on how they handle it. Eight years in prison is not a good amount of time for someone to serve for what they did, all of the things that involve the process of rape should be incorporated into the sentence:Read MoreUnethical Consequences of the Three Strikes Laws910 Words   |  4 Pagesï » ¿THREE STRIKES SENTENCING POLICIES ETHICAL CONCERNS (700 words) Part I (400 words) Unethical Consequences of Three Strikes Laws Zimring (1996) illustrates the inconsistency with which three strikes laws have been applied, producing unjustifiable differences in sentences for individuals with very similar criminal histories. Even more importantly, Zimrings comparison illustrates that the three strikes law in question is typically applied without any objective principle of justice or justificationRead MoreInvestigation Of The Criminal Justice Essay1571 Words   |  7 Pagesdisclose the overview of the criminal justice, especially in America. The result from the interview of one of the fractioned for instance, the attorney in the criminal justice will be the cornerstone of this report. In this case, the Attorney’s view about criminal justice will be thoroughly analyzed and compared with other sources to bring out the bright image of the criminal justice in America. The arguments of whether there is the efficient administration of the criminal justice system, their methodologiesRead MoreSentencing Guilty Verdict1067 Words   |  4 PagesI. Introduction Sentencing is defined as the penalty phase which follows a guilty verdict levied for a criminal act (The Free Dictionary, 2014). Sentencing attempts to accomplish four goals: a. Punishment b. Incapacitation c. Deterrence d. Rehabilitation (Renter, 2008) When imposing legal sanctions we must consider the criminal act committed. The importance of this consideration lies in fact that the punishment should fit the crime. We would not want to sentence a child to life imprisonment forRead MorePsychology And The Legal System. Paper 1. With Recent Legislative1302 Words   |  6 Pagesindeterminate sentencing. This is the imposition of a sentence with no mandatory release date or set period of sentence to be served. Instead, one s sentence length is determined by the inmate s conduct while in prison. Upon successful completion of requirements the inmate may be returned to society, but it is possible that they will be kept behind bars for the remainder of his/her natural life. There are many issues that have come to light with indeterminate and determinate sentencing, such as howRead MoreThe Sentencing Structure And Texas Capital Punishment Assessment Team Report1328 Words   |  6 PagesThe sentencing structure in Texas is in need of reform within several different areas of the state’s death penalty system. The American Bar Association with their Texas Capital Punishment Assessment Team reports recommendations in regards to the areas that need to be assesse: [(Law Enforcement Identification Procedures, Law Enforcement Interrogation Procedures, Preservation of Biological Evidence, Access to testing Biological Evidence, Crime Laboratories and Medical Examiner Offices, Forensic ScienceRead MoreRacial Discrimination807 Words   |  4 Pagesracial prejudice in the criminal justice system has had a profound effect on the lives of African-Americans and Hispanics. From policing to trial to sentencing, racism against minorities occurs throughout the ent ire process in the criminal justice system. This research paper will outline some of the aspects and evidence of racial discrimination in the criminal justice system. ​Keywords: criminal justice, discrimination, profiling, sentencing Racial Discrimination in the Criminal Justice System ​MinoritiesRead MoreRacial Disparity in Sentencing1728 Words   |  7 PagesRacial Disparity in Sentencing Lori Raynor University of Phoenix Cultural Diversity in Criminal Justice CJA/423 Ron McGee September 06, 2010 Abstract In this paper I will illustrate racial disparity in sentencing in the criminal justice system. The causes of racial disparity and the reasons it is on the rise, the research statistics, and the proposed solutions are discussed. Racial Disparity in Sentencing The intersection of racial dynamics with the criminal justice system isRead MoreThe Case Of Kansas V. Carr1050 Words   |  5 PagesThis paper will discuss the potential rulings given by the justices of the Supreme Court concerning the case of Kansas v. Carr, Kansas v. Gleason on the upcoming Supreme Court docket for OT 2015. The case pertains to two separate criminal cases coming from the Kansas Supreme Court that may overturn the death penalty ruling. First, the facts of the case will be given and what are the legal issues being questioned, a brief overview of the arguments encompassing the Eighth Amendment, supportive arguments