Sentencing Of The Sentencing Hearing - 863 Words

SENTENCING Once an individual has been found guilty of a crime, sentencing will take place within thirty to sixty days. The sentencing hearing is set far enough in advance that a presentence investigation can be held by the probation department (Aberle, 2014). During the presentencing investigation the probation department will assign members to look at the defendant’s prior criminal history, military history, work history, summary of the charges including mitigating and aggravating circumstances, and statements from the victim or victim’s family (Aberle, 2014). All information is gathered and a report is written providing a recommendation to the judge of what sentence should be imposed. Sentencing can be handled in several different ways including jail time, prison time, probation, fines, or any combination of the aforementioned (Aberle, 2014). Persons convicted of felonies are usually sentenced to serve time in federal prisons and have sentences lasting longer than one year up to and including life. This also includes inmates on death row. When a prisoner is sentenced to prison for more than one crime there are two options for that person’s sentence. Each charge can run concurrent or consecutive. Concurrent sentences run together at the same time, and consecutive sentences run one after the other. An inmate must serve the entire sentence before moving to the next sentence in consecutive sentencing (Aberle, 2014). If a person is convicted of a misdemeanor thereShow MoreRelatedLetter : An Evidentiary Hearing At The Time Of Sentencing1562 Words   |  7 Pagesgive the court a more full picture, than they can put down in writing, as part of his right to a fair and just sentence. Judge: Well, a defense is entitled to request an evidentiary hearing at the time of sentencing, but you do have to give notice of that if you wanted to present testimony at the time of the sentencing. Thomas M. Maas: I am unaware of that legal – Judge: In any event, you didn’t find anything. Thomas M. Maas: No. Judge: But, if you would like to give your client a couple minutes toRead MoreThe Criminal Justice System720 Words   |  3 Pagesto be upheld for the victim. In a sentencing hearing, an offender’s mitigating factors may reduce their sentence, therefore providing the offender with more rehabilitative issuances. Whereas victims have little to no influence over the outcome of the sentencing hearing. Victim impact statements (VIS) act as a victim-focused law reform in the sentencing hearing Essentially, it is there to serve a victim therapeutically, and to act as an influence over the sentencing outcome (Booth, 2016). Research showsRead MoreThe Criminal Justice System Of The United States Constitution1184 Words   |  5 Pagesthe court plays an active part in the fact-finding investigation, interviewing of witnesses, and make final decisions of verdict and sentencing. Ultimately, a system that compromises the neutrality of the judiciary inherently undermines the principles of an adversarial structure. Upon the defendant pleading guilty or being convicted the court conducts sentencing proceedings. The judge designates a probation officer, an agent of the judiciary, to investigate the defendant’s background and offenseRead MoreThe Price You Pay?1347 Words   |  6 Pagesconsequences? As I sat in the court room, watching a sentencing hearing of four different cases, I really don’t think criminals really think about what can happen to them because of their actions. I watched a range of emotions go through the court; sadness, frustration, anger, disappointment, etc. The prosecution was determined to get the sentencing that they believe is the right one and the defense was determined in trying to reduce the sentencing. In every case, a plea was given to the defense. ThreeRead MorePunishment And Sentencing : Punishment1281 Words   |  6 Pages Punishment and Sentencing By: Dion Hice Columbia Southern University Professor: Dr. Thomas Kelly Punishment and Sentencing The definition of the word â€Å"sentencing†, is described as a particular process through a sentencing authority, which imposes a lawful punishment, or other type of sanction on a person that has been convicted of violating the criminal law. The definition of the word â€Å"Punishment†, is described as an act of punishing an individual, or a way to punish an individualRead MoreDrug Guidelines And Amendments Over The Past 15 Years1029 Words   |  5 Pagesthousands of prisoners to continue serving disproportionately severe punishments. So in light of this fact the United States Sentencing Commission, â€Å"an independent agency in the judicial branch of the federal government, was organized in 1985 to develop a national sentencing policy for the federal courts. The resulting sentencing guidelines provide structure for the courts’ sentencing discretion to help ensure that similar offenders who commit similar offenses receive similar sentences.† (USSC 2016) TheRead MoreThe Framework Of Laws And Rules That Govern The Administration Of Justice1019 Words   |  5 Pagescriminal laws. Laws are designed and used in order to enforce the constitution written by our founding fathers. The american criminal justice process begins with the initial police contact and continuing through an arrest, investigation, trial, sentencing, and appeals. The first step in the process is the investigation. Once an offender initially commits a crime and officers are contacted and make an arrest, they have to investigate further into the crime at hand. Evidence is then gatheredRead MoreWhat Are Five Major Court Cases That Influenced Our Treatment Of Juveniles Today?1203 Words   |  5 Pagesis conducive to a juvenile hearing. The prosecuting attorney is supposed to keep in mind they are dealing with a child and not an adult. Lastly, the probation officer presents the social study findings to the court which are used by the judge to help determine sentencing. What are the steps in the pretrial process in juvenile court? The steps in the pretrial process in juvenile court are Detention Hearing, Intake Process and Transfer Procedure. The Detention Hearing determines if the juvenilesRead MoreCriminal Court Report On Juvenile Criminal Cases915 Words   |  4 Pagesproceedings, from bail hearings to guilty pleas, but the one that I’m going to analyze today is the sentencing hearing of a young man who was charged with uttering threats, breach of undertaking and two counts of breach of probation. The hearing which I witnessed took place in the Ontario Court of Justice since the offences were processed summarily, and the offences were not extremely serious. The Ontario Court of Justice is a trial court as well as a court for pre-trial hearings. It’s the startingRead MoreThe Five Goals Of Contemporary Criminal Sentencing933 Words   |  4 Pagesbefore they are incarcerated is receiving their sentencing. There is more to a judge handing down a sentence than just giving the convicted person a time limit for how long he has to stay in incarcerated. When it comes to the different ranges of sentencing, there are five goals of contemporary criminal sentencing, the nature of structured sentencing must be understood and its positives explained, and determinate sentencing must be understood. Sentencing is not a cut and dry process. There is a lot that