How Is a Sentence Decided by a Judge?

The United States incarcerates more people per capita than any other nation at a rate of about 698 individuals per 100,000. There are 2.3 million people currently serving prison sentences at this very moment. If you or someone you care for has been convicted of a crime, then you may be wondering how a judge will decide upon the sentence.

Determining A Sentence

Case Law

A judge will first consider legal precedence, laws and statutes when determining a sentence. Most criminal offenses have minimum and maximum penalties outlined by statutes that serve as guidelines in determining a just sentence for a particular crime. When a judge does not follow these statutes the case can be appealed and overturned.

Juries

Judges play the predominant role in sentencing, not juries. Judges discourage juries from considering punishments when determining guilt or innocence because doing so could lead to a mistrial. However, in some states, capital punishment and a death penalty sentence can only be determined by juries.

Criminal History

A judge will also consider a criminal background before passing a sentence. Not having a rap sheet can positively affect your sentencing. Criminal convictions long ago have come back to hurt defendants and a lengthy criminal history, including more recent convictions, will negatively impact the harshness of your sentence.

Not having a rap sheet can positively affect your sentencing.

Crime Severity

All crimes are not created equal in the eyes of the law so the severity of the crimes that you’ve committed will determine your sentence. Providing the court with explanations as to the reasons that you’ve committed a crime, and demonstrating that your judgment or psychological state may have been manipulated could help in reducing your punishments, however, there are no guarantees.

Compunction

Expressing remorse for committing a crime and acknowledging your errors can help reduce the harshness of your penalties. Some judges elect community service or fines instead of jail time when the defendant appears remorseful and open to rehabilitation and correcting their mistakes.

Support Network

Judges understand that a safety net of a community like family, self-help groups, and other therapeutic group activities can be useful to those who have been recently found guilty for committing crimes. Letters from your support network prior to sentencing will help a judge see the positive contributions you’ve made to your community and they can use that as a determining factor in whether you can return to your community positively or if you need to be imprisoned.

Community Risk

If a judge feels that your community at large is at a greater risk because of your crimes, then that will impact your sentencing. If you’ve committed a sexual offense or assault, then the judge will consider you to be more dangerous to your community in comparison to a non-violent offense.

Age

Younger first-time offenders normally get lesser penalties compared to older and repeat offenders. A judge will consider your cognitive development, awareness, and ability to make sound decisions when determining whether or not incarceration, community service, or fines, are the just punishment for your crimes.

Evaluations

Being evaluated by a professional will also play a role in your sentencing. A psychological evaluation or a sex offender risk assessment will help a judge determine if you are at risk of committing another similar offense.

Does Your Punishment Fit The Crime?

Judges have the power to determine the appropriateness of the punishment for a crime. If you or someone you know is about to be sentenced, it is worth learning more about sentencing and for legal support.