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Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. What Happens at Sentencing? At a sentencing hearing, the judge will review the presentence report and hear arguments from both the prosecutor and the defense attorney—and sometimes, the victim.
How Long Does Sentencing Take? Input from the Prosecutor, Defense Counsel, and Defendant When deciding what sentence to impose, judges typically consider oral statements made in open court, as well as the probation officer's written presentence report. Defendant's Allocution Statement No one, not even defense counsel, may be able to speak as persuasively as the person facing the sentence.
The Victim's Role It used to be that the victim played a minimal role in a criminal prosecution. Victim Impact Statements With sentences increasingly reflecting the impact of crimes on victims' lives, a crime victim might seek assistance from a friend or counselor when writing an impact statement. Judge Hands Down the Sentence After the judge reviews the presentence report and hears from attorneys, the defendant, and the victim s , the judge imposes a sentence within the limits set by law.
Talk to a Lawyer If you have questions about the sentencing process, talk to a local attorney experienced in criminal law. Talk to a Lawyer Start here to find criminal defense lawyers near you. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Legal Information. Criminal Law Information. Proof and Defenses in Criminal Cases. Getting a Lawyer for your Criminal Case.
Steps in a Criminal Defense Case. Arraignment: Your First Court Appearance. Plea Bargains in a Criminal Case. Rehabilitative TreatmentThe inmate who enters into a prison environment will undergo the process of prisonization, which is the process of socializing new inmates into the prison subculture.
The dilemma with regard to prisonization is that the effect What is the trend? Prepare a brief analysis of why inmate populations are increasing, If you randomly selected a female prison inmate and What factors have led to the rapid changes in the sentencing structures in the United States? Identify the basic policy goals of sentencing and define each. What roles can the presentence investigation report play in corrections?
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Sign in with Facebook. A consecutive sentence means that the defendant serves the sentences one after another. A sentence is the punishment ordered by the court for a convicted defendant.
Statutes usually prescribe punishments at both the state and federal level. The most important limit on the severity of punishments in the United States is the Eighth Amendment. The death penalty is a sentencing option in thirty-eight states and the federal government. It is usually reserved for those convicted of murders with aggravating circumstances. Because of the severity and irrevocability of the death penalty, its use has heavily circumscribed by statutes and controlled by case law.
Included among these safeguards is an automatic review by appellate courts. The most common punishment after fines in the United States is the deprivation of liberty known as incarceration. Jails house those awaiting trial and unable to make bail, and convicted offenders serving short sentences or waiting on a bed in a prison.
Prisons are long-term facilities operated by state and federal governments. Most prison inmates are felons serving sentences of longer than one year. Probation serves as a middle ground between no punishment and incarceration. Convicts receiving probation are supervised within the community, and must abide by certain rules and restrictions.
If they violate the conditions of their probation, they can have their probation revoked and can be sent to prison. Common conditions of probation include obeying all laws, paying fines and restitution as ordered by the court, reporting to a probation officer, not associating with criminals, not using drugs, submitting to searches, and submitting to drug tests. The heavy use of probation is controversial. When the offense is nonviolent, the offender is not dangerous to the community, and the offender is willing to make restitution, then many agree that probation is a good idea.
Due to prison overcrowding, judges have been forced to place more and more offenders on probation rather than sentencing them to prison. Intensive Supervision Probation ISP is similar to standard probation, but requires much more contact with probation officers and usually has more rigorous conditions of probation.
The primary focus of adult ISP is to provide protection of the public safety through close supervision of the offender. Many juvenile programs, and an increasing number of adult programs, also have a treatment component that is designed to reduce recidivism. Convicts, often young men, sentenced to boot camps live in a military style environment complete with barracks and rigorous physical training.
These camps usually last from three to six months, depending on the particular program. The core ideas of boot camp programs are to teach wayward youths discipline and accountability.
While a popular idea among some reformers, the research shows little to no impact on recidivism. It was part of an experimental program-a cooperative venture of the Bureau of Prisons, the U. These inmates, instead of CTC placement, received parole dates advanced a maximum of 60 days and were subject to a curfew and minimum weekly contact with a probation officer. Electronic monitoring became part of the home confinement program several years later. In , a pilot program was launched in two districts to evaluate the use of electronic equipment to monitor persons in the curfew program.
The program was expanded nationally in and grew to include offenders on probation and supervised release and defendants on pretrial supervision as those who may be eligible to be placed on home confinement with electronic monitoring Courts, Today, most jurisdictions stipulate that offenders sentenced to house arrest must spend all or most of the day in their own homes. House arrest is often coupled with other sanctions, such as fines and community service.
Some jurisdictions have a work requirement, where the offender on house arrest is allowed to leave home for a specified window of time in order to work. Fines are very common for violations and minor misdemeanor offenses. First time offenders found guilty of simple assaults, minor drug possession, traffic violations and so forth are sentenced to fines alone.
If these fines are not paid according to the rules set by the court, the offender is jailed. Many critics argue that fines discriminate against the poor. Some jurisdictions use a sliding scale that bases fines on income known as day fines.
This system has been very popular in European countries such as Sweden and Germany. Day fines take the financial circumstances of the offender into account. The range of fine units varies greatly by country. For example, in Sweden the range is from 1 to units. In Germany, the range is from 1 to units. The most common process is for court personnel to determine the daily income of the offender.
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