Sentencing Case Study

Improved Essays
The judge’s role of sentencing defendants is likely the most difficult due to the effects punishment has individual’s lives. However, there are aspects which impact judge’s decision making when imposing sentencing. These factors are “statutory provision, …philosophical rationales, organizational considerations, …presentence investigation reports[,] and… personal characteristics” (Bohm, & Haley, 2014, p.322). The statutory requirements allow judges the guidelines to ascertain what allowable punishments fit the crime(s) committed (Bohm, & Haley, 2014). Additionally, factors such as societal recompense, deterring additional offenses, effecting defendant change, and victims’ rights all affect the decision-making process when considering fair punishment.

Related Documents

  • Improved Essays

    Commerce law assessment task 3- Lachlan O’Malley Mandatory Sentencing in New South Wales 1. Mandatory Sentencing- a mandatory sentence is a court decision where legal discretion is limited by law. Most frequently, people convicted of certain crimes such as armed robbery or murder must be punished with at least a minimum number of years set in prison. 2.…

    • 1265 Words
    • 6 Pages
    Improved Essays
  • Great Essays

    Introduction The purpose of this paper is to analyze and discuss issues with the three strikes law. There are many issues, but for the purpose of this paper, four issues were analyzed and discussed. They are; [1] prison overcrowding, [2] cost, [3] fairness of sentencing, and [4] deterrence.…

    • 1750 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    After the Sentencing Guidelines took effect in November 1987, defendants across the country began filing constitutional challenges to the guidelines. By 1988, 200 district court judges would rule the guidelines unconstitutional while 120 would rule the opposite (Nagel, 1990). In an important ruling in 1989, the Supreme Court upheld their constitutionality in Mistretta v. United States where the sentencing crisis was resolved and marked an era of determinate sentencing for years to come. With over 200 district courts challenging the Guidelines in whole or in part based on alleged violation separation of powers, the due process rights of offenders and excessive-delegation arguments, it easily survived the constitutional scrutiny for the next…

    • 188 Words
    • 1 Pages
    Improved Essays
  • Decent Essays

    In the process of sentencing an offender, we follow a set of rules known as the due process which considers the severity of a sentence, what charges have been laid, court hearings, and whether or not an arrest should take place. Such primitive procedure is used to prove the fact that a person is innocent until proven guilty.…

    • 58 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    My sister Petra messaged me about two weeks ago and informed me that a “voting” member of the Texas Board of Pardons and Paroles called her. He told her that there was nothing we could do and Norberto Huesca Rodriguez will be released. If this is true, I would like to see it in official written correspondence with reference to the appropriate Texas or federal codes and policies. I was not informed of such a decision without mention of a parole board held after 8/12/2005 (Parole Denied on) or before 5/27/2017 (Projected Release Date). I request due process is appropriately rendered.…

    • 204 Words
    • 1 Pages
    Improved Essays
  • Superior Essays

    Sentencing Disparity

    • 1449 Words
    • 6 Pages

    Sentencing Disparity among Men and Women Does sentencing disparity exist among men in women who are being sentence for violent, property, and drug offenses? Is sentencing disparity based on race or what ethnic group you belong to? Does judicial bias really take place in the sentencing process? If you are convicted of a crime, the best thing you can having going for you is your gender. Fair sentencing is individualized sentencing.…

    • 1449 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    The issues in federal sentencing plan to alleviate the disparities in sentencing. Usually, the guidelines are often misused in the imposition of extreme sentences on persons who have a crime that does not deserve long-term prison or sentencing. This results in overcrowding in the prisons. The overcrowding comes as a result that most of the criminals are subjected to long-term prisons having committed crimes that do not deserve sentencing hence overcrowding example in Canada. There is the issue that some of the judges treat these guidelines as fast and hard rules that are imposed against a criminal especially the drug offenders.…

    • 299 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Indeterminate Sentencing

    • 419 Words
    • 2 Pages

    In the early 1970's, a vast number of states transformed their sentencing protocol to new methods that seemed to be more structured as the concerns arose in the criminal justice system (Gregory & Leymon, 2010). Judicial discretion can impact determinate and indeterminate sentences as the power remains among the judge as to the severity of the sentence that will be carried out. " The forms of sentencing sanctions available to judges vary from jurisdiction to jurisdiction, but generally include diversionary programs, fines, probation, intermediate sanctions, confinement in jail, incarceration in a state or federal prison, and the death penalty", (Siegel & Bartollas, 2014, p. 39).…

    • 419 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    Convict Justice To solve the overcrowded prisons, we would first need to locate the source of the problem, and it begins with the British. The British hate the Irish, because they thought that they were beneath them. The Irish worked in the fields, and were hungry and starving often. The greedy British would sometimes threaten them by taking away their houses if they did not pay them the rent. The British would not give them the food so they decided the only last resort was to steal to live.…

    • 475 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Determinate Sentencing

    • 1533 Words
    • 7 Pages

    Before committing a crime, would you think about how much time you would spend incarcerated for it? During colonial times, criminal sentencing in America was introduced initially on retribution and then later on in prevention. By the late 1800s, sentencing in America had become dominated by rehabilitation. The goal of criminal punishment was to transform the offender by changing their ability to commit crime again. In order to accomplish this, sentencing needed to be uniquely flexible per individual.…

    • 1533 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Inconsistencies in the justice system are what causes many problems in the society. An individual deserves a complete and ethical punishment based on the level of austerity of the crime.…

    • 939 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    I believe that the criminal justice system should be equally individualized – that is, a mix of both justice models. The individualization better allowing for both mitigating and aggravating discretionary factors to come into play. However, equality should still heavily factor into the justice system, too. Requiring that factors like race and gender (along with sexual orientation, parenting status, and more) should not impact the outcome in conviction or sentencing decisions checks individual biases within the justice system.…

    • 819 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Recidivism Research Paper

    • 123 Words
    • 1 Pages

    One such examination provided by the United States Sentencing Commission concludes that factors such as criminal history, age, and type…

    • 123 Words
    • 1 Pages
    Improved Essays
  • Great Essays

    Criminal Law Case Study

    • 1971 Words
    • 8 Pages

    Both adults and children can easily commit a crime either intentionally or accidentally. However, people under the age of eighteen will be dealt with differently compared to adults. As the law perceives them to be more ‘vulnerable’ compared to adults as they may not understand the law or the difference between right and wrong. They also may not understand the consequences of their actions. The two issues that will be discussed about its effectiveness of the criminal justice system when dealing with young offenders will be the rights of children when questioned or arrested and penalties for children.…

    • 1971 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    There are two types of parole in the criminal justice system, discretionary and mandatory parole (Bohm & Haley, 2011). The parole board must hold an oral hearing before deciding whether a prisoner should be released from prison or transferred to open prison conditions (Murray, 2014). The parole board must look at several factors when granting parole. In discretionary parole, “parole boards have complete discretion to grant or deny parole” (Bohm & Haley, 2011, p. 450). In mandatory parole, the offender must serve a portion of their sentence before they are eligible for parole (Bohm & Haley, 2011).…

    • 241 Words
    • 1 Pages
    Improved Essays