Crj 316 Criminal Sentencing Research Paper
Criminal Sentencing
Nathan McCann
CMRJ 316
January 19, 2014
Sara Spivey, M.A.
Abstract
Sentences for crimes committed have been handed down for as long as there have been crimes to commit. There are many factors to be considered by the judge tasked with sentencing in a criminal case, including an offender’s criminal history and actual involvement in the commission of the offense. First-time offenders may be grated leniency in sentencing, but it can be argued that such a practice is contrary to the nature of punishment and detracts from the effects of the crime on the victims. Punishment serves three general purposes that serve to benefit the victim, the public, and the offender: retribution, prevention, and rehabilitation. …show more content…
The State’s Penal Code will have guidelines for maximum and minimum sentences that can be imposed for specific crimes which will help guide the judge in making his or her decision. The defense attorney can also bring up certain points on behalf of the offender that may persuade the judge to impose a more lenient sentence. Such factors may be whether or not the offender has previously served time in jail or prison, whether the offender has a relatively clean criminal history, or no criminal history at all, or how involved in the commission of the crime the offender actually was (if there is more than one defendant). There are also aggravating circumstances such as the use of a weapon in the commission of the crime that could persuade the judge to impose a harsher sentence (NOLO, …show more content…
A judge will take into account the guidelines set forth by the State’s Penal Code, as well as those brought forward by the defense attorney. An offender’s criminal history, involvement in the crime, and the circumstances surrounding the commission of the crime will all be considered in deciding whether to hand down a harsher or more lenient punishment. An offender who is considered a first-time offender may be granted leniency or a reduced sentence, but strong arguments can be made in favor and opposition of such a practice. Finally, punishment serves multiple purposes, for the victims of crime as well as the public, and the benefit for all involved should be considered. Ultimately, the judge will review all mitigating circumstances and deliver what he or she believes to be a fair sentence for each individual
Nathan McCann
CMRJ 316
January 19, 2014
Sara Spivey, M.A.
Abstract
Sentences for crimes committed have been handed down for as long as there have been crimes to commit. There are many factors to be considered by the judge tasked with sentencing in a criminal case, including an offender’s criminal history and actual involvement in the commission of the offense. First-time offenders may be grated leniency in sentencing, but it can be argued that such a practice is contrary to the nature of punishment and detracts from the effects of the crime on the victims. Punishment serves three general purposes that serve to benefit the victim, the public, and the offender: retribution, prevention, and rehabilitation. …show more content…
The State’s Penal Code will have guidelines for maximum and minimum sentences that can be imposed for specific crimes which will help guide the judge in making his or her decision. The defense attorney can also bring up certain points on behalf of the offender that may persuade the judge to impose a more lenient sentence. Such factors may be whether or not the offender has previously served time in jail or prison, whether the offender has a relatively clean criminal history, or no criminal history at all, or how involved in the commission of the crime the offender actually was (if there is more than one defendant). There are also aggravating circumstances such as the use of a weapon in the commission of the crime that could persuade the judge to impose a harsher sentence (NOLO, …show more content…
A judge will take into account the guidelines set forth by the State’s Penal Code, as well as those brought forward by the defense attorney. An offender’s criminal history, involvement in the crime, and the circumstances surrounding the commission of the crime will all be considered in deciding whether to hand down a harsher or more lenient punishment. An offender who is considered a first-time offender may be granted leniency or a reduced sentence, but strong arguments can be made in favor and opposition of such a practice. Finally, punishment serves multiple purposes, for the victims of crime as well as the public, and the benefit for all involved should be considered. Ultimately, the judge will review all mitigating circumstances and deliver what he or she believes to be a fair sentence for each individual