Sentencing and Punishment. Sentencing Happens after a guilty verdict. Happens also if a defendant pleads guilty before a trial were to take place. Judge.

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Presentation transcript:

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 8 th 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 1 st 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.