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Goals Of Sentencing Essay

443 Words2 Pages

Explain the goals of sentencing. Identify several criteria used in determining the appropriate sentence. What constitutional rights exist during sentencing?

While a trail jury can determine innocence or guilt Judges decide on the punishments for a specific crime. The Eighth Amendment to the U.S. Constitution, made applicable to the states by the Fourteenth Amendment, provides that "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." In addition to the sentencing prohibitions in the Constitution, Title 18 of the United States Code, Part II also governs sentencing in federal courts. Likewise, state court sentencing procedures are governed by state laws and constitutions. There can be aggravating and mitigating circumstances to consider. Most crimes are broken down in statutes, and the provision that identifies the specific crime will also identify the appropriate punishment. For example, a statute may read, "Violation of this statute constitutes a misdemeanor, punishable by a fine not to exceed $500 or imprisonment not to exceed 30 days, or both." Given this variety of punishments, a judge will then consider all the circumstances to determine where along the prescribed range a particular criminal 's punishment should fall. There are a lot of factors considered by judges. Like whether the offender is a "first-time" or repeat offender, if the defendant was an accessory or the culprit, whether the offender committed the crime under stress or duress, whether anyone was hurt, …show more content…

Of course each case is unique but there are guidelines to follow.

The 8th Amendment of the U.S. Constitution. (n.d.). Retrieved October 05, 2017, from https://constitutioncenter.org/interactive-constitution/amendments/amendment-viii

18 U.S. Code Chapter 227 - SENTENCES. (n.d.). Retrieved October 05, 2017, from

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