Sentencing Guilty Verdict - 1067 Words

I. Introduction Sentencing is defined as the penalty phase which follows a guilty verdict levied for a criminal act (The Free Dictionary, 2014). Sentencing attempts to accomplish four goals: a. Punishment b. Incapacitation c. Deterrence d. Rehabilitation (Renter, 2008) When imposing legal sanctions we must consider the criminal act committed. The importance of this consideration lies in fact that the punishment should fit the crime. We would not want to sentence a child to life imprisonment for stealing a candy bar any more than we would we want to sentence someone convicted of murder to six months community supervision. Granted, these examples are extreme; however, they do help to make sense of proportionality and how it affects sentencing. This paper will attempt to explain the importance of proportionality with regards to criminal sentencing, increase understanding of the reasons our sentencing procedures continually fluctuate, identify three groups of individuals protected under the 8th Amendment from receiving a death sentence for a capital offense, attempts to explain the relationship between sentencing and the 6th Amendment, and will discuss the origin of the felony murder rule and its applicability. Assignment 3 - Sentencing II. What is meant by Proportionality? In sentencing proportionality refers to consistency of punishments as they relate to crime. In our attempt to govern behavior and to have it conform to society’s notion of acceptable behavior; it isShow MoreRelatedSentencing After a Guilty Verdict1981 Words   |  8 Pages A sentence is a decree of a punishment assigned to a defendant who was found guilty by a court, or fixed by law for a particular offence. 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 defendantRead MoreNot Guilty by Reason of Insanity1673 Words   |  7 PagesNot Guilty By Reason of Insanity? Lori Sheets The insanity defense is a defense by excuse. The defendant argues that they should not be held criminally responsible for breaking the law because they were mentally ill or mentally incompetent at the time of their alleged criminal action. The thought behind this is that someone suffering from a mental disorder is not capable of knowing or choosing right from wrong so they should not be punished. When this is the case, they are pleading not guiltyRead MoreThe Criminal Justice System Within Criminal Offenders1361 Words   |  6 Pagesdefendant is indicted, a trial date is set. Providing the defendant does not waive the right to a jury trial, a jury is selected and the trial begins. If the defendant is found guilty, a sentence is imposed, usually within a few days of the jury’s verdict. If the defendant wishes, he or she can then appeal the guilty verdict and sentencing, thus beginning the trial process again. Police officers, detectives, prosecutors, and defense attorneys m ake great efforts to ensure justice is served swiftly and fairlyRead MoreEssay On The Interactions Of Race And Gender On Sentencing1510 Words   |  7 Pagesinteractions of race and gender on sentencing decisions using a trichotomous dependent variable. Crime Delinquency, 59(1), 59-86. doi:10.1177/0011128708330178 Freiburger and Hilinski take a critical look at how gender, race and age affect outcomes for sentences of probation, jail and prison. In this study, they look at how young, middle-aged and older black women, white women, black men and white men are comparatively sentenced. They found that in regards to prison sentencing, none of the variables hadRead MoreJodi Arias Trial Essay1607 Words   |  7 Pagesdefendant is indicted, a trial date is set. Providing the defendant does not waive the right to a jury trial, a jury is selected and the trial begins. If the defendant is found guilty, a sentence is imposed, usually within a few days of the jury’s verdict. If the defendant wishes, he or she can then appeal the guilty verdict and sentencing, thus beginning the trial process again. Police officers, detectives, prosecutors, and defense attorneys make great efforts to ensure justice is served swiftly and fairlyRead MoreBias Against Transgender Individuals And Crime865 Words   |  4 PagesTopic: Bias against transgender individuals and crime related to transgendered individuals. 1) Fischer, G. J. (1997). Gender effects on individual verdicts and on mock jury verdicts in a simulated acquaintance rape trial. Sex Roles, 36, 491-501. The article conducted research to determine if the number of guilty verdicts would increase as a function of number of women on the jury, at least once women were majority. In order to test this hypothesis they gathered some college student’s volunteersRead MoreLegal Case Study: Robert Crook Robbing a Gas Station1099 Words   |  4 Pageshave believed exigent circumstances existed Based on the facts given, if the nephew did not consent, the search would have been invalid. Procedure: Arrest through Sentencing Arrest Booking Arraignment/ bail hearing Pre-trial conference/ Plea bargain opportunity Pre-trial motions and hearings Criminal Trial Verdict Sentencing Arrest Simply because the police are suspicious of Mr. Crook does not mean they have sufficient evidence to arrest him Is there a warrant for Mr. Crooks arrest? Read MoreCivil Litigation Procedures And Criminal Litigation969 Words   |  4 PagesThe differences between civil litigation procedures and criminal litigation procedures vary significantly from beginning to end; they vary in the initial pretrial proceedings, the actual trail proceedings, and the post trial proceedings or sentencing. Pretrial Pretrial is where the differences between civil cases and criminal cases are most apparent. In the initial preparatory stage for a civil case, a party is usually seeking monetary reimbursements or equitable relief for alleged wrong done byRead MoreEffects of the Attractiveness and Socio Economic Status of a Defendant Influencing Jurys Decisions825 Words   |  3 Pagesdetermination within of jurors will often impact the sentencing of criminal trials ( Mazella Feingold, 1994). Mixture of variables meaning race, age and gender, and other factors that are not related to the actual crime or law, influenced sentencing recommendation (Abwender, Hough, 2001). Ultimately the determination of a juror within themselves to bring justice to all man kind and the individuals position of control can affect the seriousness of the sentencing that is recommended (Freeman, 2006). My hypothesisRead MoreEssay on Stages of Criminal and Civil Proceedings1594 Words   |  7 Pagesto twelve jurors. During the jury trial the jurors have to decide what happened and use the proper proceedings the judge tells them to use to help them reach the verdict. If both parties decide to leave it up to the judge this is called a bench trial. In a bench trail the judge must decide what the facts are and present the verdict. The judge will make sure he/she uses the correct legal standards. When a jury trial begins the first thing that needs to be done is a jury selection. Citizens