Sentencing Of The Sentencing Hearing

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 felonies, the sentencing judge will usually receive input from the probation department which prepares a pre-sentence report with recommendations. Prosecutors and the defense will also speak to the judge regarding to ones convictions. There are several factors that a judge can choose from when determining a criminal sentence. These include: Does the offender have prior criminal history; Was the offender an accessory or the main offender; Was the offender under any personal stress or duress when the crime was committed; Was anyone injured; Was the offender cruel to a victim, or destructive in nature, did the offender display remorse or regret for crimes. However, not every conviction means a trip to prison. Judges in most cases have a great deal of discretion when determining a sentence. Some of these alternative sentences can include suspended sentences, community service, probation, deferred adjudication, and even fines or restitution. Furthermore, multiple sentences can be served

On Wednesday, 17 August 2016 a hearing took place at the Cairns District Court in Sheridan Street, Cairns. The hearing was held in room 6, level 3 at 9:40am. The hearing was for a criminal sentencing of Mr Bradford Jules Thomas, the accused, and was proceeded by Judge Harrison.

If is a defendant found guilty, the type and amount of the sentence will depend on a number of factors, which every judge or magistrate must consider. Between these factors belong the six main aims of sentencing (retribution, denunciation, incapacitation or protection of the public, deterrence, rehabilitation and reparation), the age of the defendant (as there are available different types of sentences for young offenders), previous convictions (if the defendant has committed a crime before), the seriousness and nature of the crime committed (what has the defendant done and how serious the

This essay explains sentencing in the United States Criminal Justice system. The objectives of punishment in the United States corrections is to help deter crime and to ensure reoffenders don’t reoffend. Sentencing impacts the corrections system and society in a positive manor by eliminating offenders out of the community. Sentencing may include one of the following: probation, fines, prison, community service, probation and so forth depending on the state you reside and the type of offense you commit. Each crime committed doesn’t have a set sentence, therefore they are determined on a case to case basis. The main goal of the criminal justice system is to defend the community and serve justice. Sentencing plays a vital role in the Criminal Justice system.

COMES NOW the Defendant, Josue Emmanuel Rivera Lemus, by and through counsel, Vernida R. Chaney, and pursuant to18 U.S.C. § 3553(a), Rule 32 of the Federal Rules of Criminal Procedure, Section 6A1.2 the United States Sentencing Commission, Guidelines Manual (“U.S.S.G.” or the “Guidelines”), United States v. Booker, 543 U.S. 220 (2005), United States v. Hughes, 401 F.3d 540 (4th Cir. 2005), and this Court’s Policy Regarding Procedure to be followed in Sentencing, represents that he has reviewed the Probation Office’s Presentence Investigation Report and submits the Defendant’s Position with Respect to Sentencing to aid the Court in determining an appropriate sentence.

Sentencing in the judicial system forced a sentencing for a definite term indicating a fixed time sentencing, which gave the defendant a fixed number of years to serve (Siegel, L. 2014). For example, the sentencing could be up to 20 years for robbery or a repeat offender could serve a 15 year term or a robbery with less violations might receive as little as 5 years (Siegel, L. 2014). Determinate sentencing actually reduced imprisonment (Siegel, L. and Bartollas, C. 2014).

The Sentencing Reform Act of 1984 established a uniform set of sentencing guidelines that led to a determinate sentencing structure, where sentences for specific offenses are predetermined. Minimum mandatory sentences for certain offenses have also been put in place. In determining what an offender's sentence should be, investigators prepare a presentence investigation report. Sentencing options range from probation, intermediate sanctions (like halfway houses), incarceration in jail (for most misdemeanors), or prisons (for most

The article, Revising Sentences, is cleverly titled to reflect the changes in prison sentencing due to lack of budget resources. In the past, governments had enacted laws that cracked down on crime and resulted in large numbers of incarcerations. Because of the cost and upkeep of prison sentencing, states are seeking alternatives to incarceration, such as education and rehabilitation programs. In particular, this revision of the correctional system is primarily referring to low-level first-time offenders.

Respondent, Killeen Independent School District (“KISD” or “District”), submits its response (“Response”) to Petitioners’ Motion Requesting Evidentiary Hearing and Ruling on Statue of Limitations (“Motion”) and the District’s Motion to Dismiss (“MTD”) Petitioners’ understood Motion to Toll the Statute of Limitations in the above-entitled and numbered case.

We believe that our judicial system does not support the rights guaranteed in Canadian charter rights and freedom and focus on legal guilt over factual guilt. The Canadian court system sentencing procedure see’ over both sides of the story carefully but court focus on proving suspect guilt rather then innocence. Our judicial systems currently have many flaws and it’s clearly noticeable in some situations. There have been a lot of cases where our judicial system failed to provide justice to the victim or guaranteed rights to society. Our main law that has been compromised in years is the privacy law. Fifteen years ago privacy was not as important as it today, the main reason for that is technology. As science advance it came up with all these new gadgets such as cell, computer and tables and with all technology came the rise social media. We now have Facebook, Twitter, Istagram, and many more online social media sites that people uses. Our law says that all of our private information cannot be disclosed to government unless someone is a threat but these rights have been violated multiple times. The first time it was an issue was in G20 summit, June 2010. Lately is have also been an issue in Canadian spy companies. Also government recently passed the bill c-150, which clearly violates our charter rights.

Once the criminals are tried and convicted of a crime, they have options in regards to their sentencing. In fact, they can sometimes shorten or even possibly get released. How does one do this? Convicted individuals can get acquitted through the process of appeals. An appeal is the process of requesting a higher court to review the lower court’s decision on a case that has been tried; this is done in the hopes that the higher court will change the sentencing of the defendant (Gaines & Miller, 2015, p. 178). That being said, the process of an appeal is only eligible for the defiance, not for the prosecution (Gaines & Miller, 2015, p. 178). Appeals are an outstanding tool, especially when it comes to the wrongful conviction of the defendant.

The Federal Sentencing guidelines are used to determine the amount of time an individual will receive for committing a federal crime. The judge will look at various components to determine the amount of time a defendant shall receive. The judge will look at a person’s criminal history, by looking at a person’s criminal history the judge will be able to determine a range for the amount of months a person should receive. If the defendant is a first time offender, then they will receive less time than someone who is a repeat offender. Previous criminal history is important because it help judges see how these individuals respond to crime once they have done it, it help determine patterns and trends within criminals. The more criminal history someone

From my standpoint, sentencing laws and the probation system are issues society struggle with today. The government usually lacks on amount of time and funds towards incarcerate criminals. The unintended of parole is multifaceted than ever. Situations like this concentrate on offenders focusing on lack of dissuasion. Viewing on a positive note this is more of a motivational approach where it’s enabling rehabilitation completely to parolees. Society faces more financial liability with criminals that are incarcerated, and parolees that are multiply based on the sentencing laws countrywide.

You have charges that fall under two categories which are misdemeanor or felony. With both of these categories there may be time that an individual may have to serve behind bars or there may be different

A crucial part of the criminal justice system includes probation. Probation is the release of a criminal offender from detention or incarceration. At this time, the offender is subject to a period of good behavior under supervision. Probation is also referred to a kind of punishment that is giving as part of sentencing. Instead of giving an offender a longer sentence, a judge will order the defendant to report to their assigned probation officer on a regular basis, where the offender will receive a schedule instructing him or her of their probation requirements. If the defendant does not obey a probation order, the defendant will automatically return to jail or to court, only to be given a longer sentence by the judge. A person on probation is not allowed to leave the judicial district without permission of the probation officer or court (Seiter, 2011). The probationer shall report to the probation officer as directed and shall submit truthful and complete reports (Seiter, 2011). A person on probation must also follow all directions instructed by his or her probation officer truthfully. When on probation, an offender must obtain employment and needs to notify his or her probation officer of all changes of address within a three-day limit. The probationer shall also refrain from the excessive use of alcohol