Brief overview of the different types of criminal convictions, from fines to imprisonment, as well as the factors that influence a judge`s decision. The principle of fairness in sentencing is that the sentence must be just. This means that the sentence must be similar to other sentences imposed for similar crimes in similar circumstances. At other times, they may be ordered in addition to a prison sentence. Reparation is another type of monetary payment made by the convicted person, but in this case, the money is paid to a victim to compensate for the harm suffered. For example, a ticket results in a fine imposed by the court, while a graffiti artist is ordered to pay compensation to the owner of the building he defaced so that it can be repainted. The sentence must also be proportionate to the degree of responsibility of the offender. In other words, the judge will order a heavier sentence if the perpetrator played a key role in the crime. For example, if the offender initiated the crime or planned it in advance (intentionally), the judge will order a higher sentence compared to a crime committed in the heat of the moment.

The judge also considers the offender`s situation, i.e. the dangerousness of the offender, the risk that he or she will commit another crime, and the offender`s chances of reintegration and reintegration into the community. For example, the judge will check whether the offender has a criminal record or has been involved in organized crime. On the other hand, an offender`s young age, education, social environment or family history could result in a reduced sentence. The attitude of the offender after the commission of the offence may also be taken into account. A judge may order a lighter sentence if the offender shows regret, remorse or compassion. Some states and all federal criminal laws include binding criminal directives that require judges to impose sentences uniformly. Mandatory sentencing systems are designed to eliminate inconsistencies in sentencing practices and often respond to public perceptions of leniency on the bench. “Three-shot” laws are another type of mandatory sentencing introduced into federal laws and in about half of the states.

The judge receives advice and support from several sources to convict an accused. Congress has set minimum and maximum sentences for many crimes that the judge uses to formulate a verdict. U.S. sentencing commissions have created a set of penal guidelines that recommend specific sentences for specific crimes, taking into account various factors. In addition, the judge will consider a presentation report and consider the victim impact statements, as well as the accused and lawyers. In the case of minor offences and misdemeanours, conviction usually occurs immediately after conviction. If an accused pleads guilty to a more serious crime, a certain sentence has usually been negotiated between the prosecution and the defence. This negotiation is called a “plea bargain”. Factors that help determine a convicted offender`s sentence, such as previous offences and the seriousness of the crime. If the perpetrator is an Aboriginal person, the judge must take this into account when deciding on the type of sentence most appropriate to his or her situation. The judge must consider historical events that have negatively impacted Indigenous communities for many generations.

If the defendant has been convicted of more than one count, which is usual, there may be multiple sentences. The judge has many types of sentences to consider: in crimes tried by the circuit court, the process can be completely different. As a general rule, crimes committed by circuit courts where there is no trial have at least one pleading date and one verdict date. The date of oral argument is the date on which the accused officially declares that he or she committed the crime with which he or she is charged. The case usually continues for the preparation of a presentation report and the presentation of written arguments. Are you threatened with criminal charges? If you plead guilty or are found guilty in court, the punitive phase of your case is just as important as the trial or the events that led to the conviction. An experienced defense attorney will understand the aggravating and mitigating factors that may affect your sentence. They will know what mitigating factors can help you the most and how to effectively present an argument to the judge or jury as to why you should receive a less severe sentence. In addition to protecting society, sentencing must also contribute to the prevention of crime and to promoting the offender`s rehabilitation and reintegration into society. Where possible, the judge should consider ordering a fine or community service instead of imprisonment. Once an accused has been convicted or pleaded guilty, a judge decides on the appropriate sentence during the sentencing phase of criminal proceedings.

In certain circumstances, the judge may be able to increase or decrease a sentence based on factors specific to the offence and the accused. A sentence may include fines, incarceration, probation, probation, restitution, community service and participation in rehabilitation programs. Learn about sentencing, possible sentences in criminal cases, and factors judges consider in sentencing. Not all convictions mean a trip to prison. In most cases, judges have some discretion in sentencing. You can also choose punishment alternatives, but some are only available as part of advocacy. The judge does not have access to it after a hearing or a public argument. One factor that may play an important role in a judge`s decision to impose a lighter sentence than the one recommended in the Guidelines is to assist one defendant in the criminal investigation of another. This can be reflected in a sentence in several ways.

Answers to frequently asked questions about criminal procedures and how judges generally impose sentences. Your lawyer and prosecutor may have agreed on your sentence through plea bargaining. However, the judge is not required to follow an agreement between the prosecutor and your lawyer about your sentence. Your sentence depends on several factors, such as your background, previous convictions, what happened when you committed the crime, and the victim`s attitude (see Victim Impact Statement). Different types of criminal cases have different penalties. This means that a judge cannot sentence you to years in prison for a violation like jumping a turnstile. Your lawyer can explain the possible punishment for your crime. In addition, in addition to jail or jail, there are many types of penalties that a judge can use to punish an accused, such as probation, parole, absolute release, restitution, and fines. Read common phrases to learn more.

There are also a number of surtaxes and fees, such as the victim assistance fee or the mandatory surcharge that the court asks you to pay.