Factors That Lead Sentencing Of An Offender - 1487 Words

Judges are chosen to hold the fate of many individuals in the palm of their hands. The famous saying â€Å"with great power, comes great responsibility,† is true and practiced evermore in the court room. Whether a judge is appointed or elected, there are many factors that can influence a judge’s decision in pretrial and in sentencing. In this research paper, I will share some of the most common factors that influences a judge’s discretion, and also the ways the factors result sentencing of an offender. Furthermore, I will bring to attention some of the more controversial factors and ways they have influenced the outcome of the court process. I have been lucky enough to observe judges’ roles in decision-making, diversion of a case, and sentencing, from a probation standpoint. Throughout my career, I have conducted many presentence reports, pretrial reports, and have given many sentencing recommendations to judges and prosecutors. I will share some of my expertise and findings but will focus mostly on research published on collegiate and lawful publishing. I will share these findings in three sections: pretrial release and conditions, issuance of bail, and sentencing. Pretrial Firstly, it is important to note that it is possible for the same judge to make different decisions on identical cases, or for different judges to differ or disagree in their decisions on identical cases. Each judge has his or her own backgrounds, beliefs, and tolerance. This makes prediction of howShow MoreRelatedMandatory Minimum Sentences For Violent Offenders1728 Words   |  7 Pagesterm incarceration is not considered suitable. Applying mandatory minimum sentences for violent offenders, recidivists or habitual offenders, sex offenders and offenders targeting the weak, children or elderly is considered appropriate as they increase the level of risk in society if let free. 6. The sentencing policy should follow due process considerations, such as ensuring that offenders with similar situations are sentenced similarly, that reasonable notice is provided to the accused with referenceRead MoreSentencing Of The Criminal Code1414 Words   |  6 Pageswhat degree of punishment the offender will face once convicted of a crime. Through the analysis of facts with regards to Nina’s case, this paper will identify and examine the main objectives of sentencing. Furthermore, this paper will explore both aggravating and mitigating factors, along with sentencing options that will help determine an appropriate sentence for Nina. Main Objectives of Sentencing Section 718 of the Criminal Code provides both the purpose of sentencing, as well as specific objectivesRead MoreHistory Of Discretion And Plea Bargaining971 Words   |  4 Pagesprosecution making â€Å"deals† until an agreement is reached on a sentence for the offender. Often times, plea bargaining leads to an offender pleading guilty for a lesser sentence than a sentence obtained from being convicted in trial (Thistlethwaite 2014). Plea bargains can be controversial because some people feel the offender should be punished fully for the crime(s) they have committed (â€Å"Plea† 2016). For example, if the offender pleads guilty to robbery and assault, rather than getting sentenced sevenRead MoreSentencing Of A Jail Or Prison Sentence1598 Words   |  7 Pagesdefinite. But offenders are allowed to be released after they have served their time. Determinate sentences were almost exclusively used throughout the eighteenth century and it was believed that judges were the best people to determine the amount of time needed to punish the offender and to deter them from further crimes. Judges were granted the power to determine sentencing also took much discretion away from the judges. Determinate sentencing takes any question of bias out of the sentencing portionRead MoreThe Effects Of Mandatory Sentencing On The United States Essay1273 Words   |  6 PagesThe United States prison population has grown seven-fold over the past forty years, and many Americans today tend to believe that the high levels of incarceration in our country stem from factors such as racism, socioeconomic differences, and drugs. While these factors have contributed to the incarceration rate present in our country today, I argue that the most important reason our country has such a high incarceration rate is the policy changes that have occurred since the 1970s. During this timeRead MoreFactors That Lead To Recidivism1353 Words   |  6 PagesResearch Question/Objective: What are some factors that lead to recidivism of female juvenile offenders? The objective to this question is to find out whether sexual abuse and environmental factors lead to recidivism amongst girl juvenile offenders. These are two factors that have not been researched enough amongst juvenile offenders and can be addressed to help guide these girls to a better path in their lives. Recidivism: Recidivism is when a convicted criminal has the tendency to reoffend. ItRead MoreThe Sentencing Phase Of A Criminal Case902 Words   |  4 PagesSentencing After a defendant is convicted or pleads guilty, a judge will then decide a suitable punishment (or sentence) during the sentencing phase of a criminal case. There are varying outcomes that can influence sentencing offenders, they can range from probation and community service to prison and even the death penalty. Minor infractions, misdemeanors, or offenders who plead guilty usually get sentenced almost immediately after ones convictions. In complex criminal cases such as serious feloniesRead Moreeffectiveness of the criminal justice system when dealing with young offenders1344 Words   |  6 Pagessystem when dealing with young offenders The criminal justice system approaches young offenders through unique policies to address the challenges of dealing with juvenile offending. They take special care when dealing with juveniles in order to stop them from repeat offending and stop any potential bad behaviour which could result in future. Juveniles have the highest tendency to rehabilitate and most adopt law-abiding lifestyles as they mature. There are several factors influencing juvenile crime includingRead MorePunishment Philosophies1704 Words   |  7 Pages Abstract The processes by which justice is applied are determined largely by proposed punishment philosophies. These express various concerns and arguments regarding appropriate sentencing and treatment. The philosophy of rehabilitation dominates the proceedings of juvenile courts, and is heavily scrutinized at an adult level, or when the criminal behavior of juveniles continues to accelerate, but when successful is most beneficialRead MoreIt s Time For Re Think Mandatory Minimums1607 Words   |  7 Pagesand crack swept the nation leaving many wondering what could be done to eliminate this problem that reached everywhere from small town middle America to the larger metropolitan areas. It has always been the common acceptance that by putting more offenders in jail, crime statistics will decrease. This belief led congress to enact the anti-drug abuse act of 1986. At first, it was believed that this seemed to work, due to there being a â€Å"5% drop in crime in the 1990’s † (Chettiar). While according to