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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. MORAL FACTORS.

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Presentation Transcript
sentencing
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
Sentencing: Determining factors

LEGAL FACTORS

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)

  • 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).
sentencing determining factors1
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 factors2
SENTENCING: Determining Factors
  • In all cases of sentencing, the 8th Amendment must be applied… i.e. “…no cruel and unusual punishments…”
sentencing rationale
SENTENCING: Rationale
  • In each sentencing a judge will provide a rationale for why a particular sentence was chosen.
sentencing rationale1
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
TYPES OF SENTENCE
  • FINES: Money paid to the government.
types of sentence1
TYPES OF SENTENCE
  • PROBATION: Trial period in which a person is watched by the government for a set time.
types of sentence2
TYPES OF SENTENCE
  • COMMUNITY SERVICE: Tedious, often menial work such as picking up litter.
types of sentence3
TYPES OF SENTENCE
  • RESTITUTION: Paying someone back for damages caused or items stolen.
types of sentence4
TYPES OF SENTENCE
  • REHABILITATION: Medical/psychological treatment and education.
types of sentence5
TYPES OF SENTENCE
  • HOUSE ARREST: Limited movement. Usually wear an ankle bracelet.
types of sentence6
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 sentence7
TYPES OF SENTENCE
  • COUNTY JAIL: Short time (usually less than a year), for minor crimes.
types of sentence8
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 sentence9
TYPES OF SENTENCE
  • STATE PRISON: Extended time, 1 yr to life, reserved for serious crimes.
types of sentence10
TYPES OF SENTENCE
  • INSTITUTION FOR THE CRIMINALLY INSANE: Incarceration for persons deemed unfit for regular prison on account of their mental condition.
types of sentence11
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
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.
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