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Sentencing Guidelines In The Criminal Justice System

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Sentencing Guidelines are a set of rules used by judges in the criminal justice system in the United States. The sentencing guidelines were first established in Massachusetts in 1994. When the sentencing guidelines were established, its main goal was to "promote truth in sentencing by developing a set of guidelines that was appropriate in consideration to the crime the individual had committed." (Massachusetts Sentencing Guidelines, February 1998, the Honorable Robert A. Mulligan, Chairman). There are ten steps that are included in the sentencing guidelines. The first step in the sentencing guidelines is to determine the seriousness level of the offense. To determine the seriousness level of the offense, a judge refers to the Master Crime …show more content…

Based on the seriousness of the offense and prior convictions, offenders are placed into one of the five categories listed in the guidelines (no/minor record, moderate record, serious record, violent or repetitive record, or serious violent record). To place a defendant into a criminal history group: the defendant's prior convictions must be grouped by arraignment date into criminal incidents, using the master crime list, "assign an offense seriousness level to each criminal incident based on the most serious offense of conviction", record the number of criminal incidents at the offense seriousness level, and finally assign the defendant the most appropriate criminal history category. Similar to the seriousness of the offense, the judge must also take into consideration different factors. The first factor is the defendant's prior convictions/staircasing. The second factor is to take into account multiple incidents. Multiple convictions with the same arraignment date can be counted. The third factor is when a single incident/ multiple arraignment dates occur. A fourth factor is the mini-master crime list. A mini-master list creates a match between offense abbreviations in the CARI file and offenses on the master crime …show more content…

A judge may depart from the guidelines by "imposing a sentence of incarceration where the guidelines prescribe intermediate sanctions only (green zone), or by imposing a sentence of intermediate sanctions where the guidelines prescribe incarceration only (red zone)." (Massachusetts Sentencing Guidelines, February 1998, the Honorable Robert A. Mulligan, Chairman). The presence of mitigating and aggravating can warrant the judge to depart from the sentencing guidelines. To determine mitigating or aggravation, the judge has to consider: the evidence received during the proceedings, the pre-sentence report, and any information that they deem credible. The judge is not required to conduct an evidentiary hearing to determine aggravating or mitigating factors. For crimes that do not require incarceration, "it is not a departure for a judge to impose a sentence within the applicable sentencing guidelines range." (Massachusetts Sentencing Guidelines, February 1998, the Honorable Robert A. Mulligan, Chairman). If the minimum term exceeds the sentencing guidelines than the imposition of the statutory minimum is not a

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One of the most famous examples of a sentencing circle in use was the tragic case involving the death of two little girls in 2008. Christopher Pauchay, the father, was intoxicated when he took his two little girls out into the freezing cold barely dressed, and as result both froze to death in the harsh Saskatchewan climate. This case drew a lot of attention towards the community’s growing issues with alcohol abuse. The community, YellowQuill First Nation reserve, requested a sentencing circle be held to deal with these issues in a traditional Aboriginal fashion bringing the victim (in this case the mother), the community (which included elders and others), and the offender together. This request was highly controversial, considering the nature

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If the offender is found guilty for the charge they will receive the harsher sentence, it is all about being honest within the federal courts, on determining the offenders

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The appeals court responded to the question about the presentence investigation report by vacating Smith’s sentence and remand for resentencing for the decision as to what punishment is to be imposed. Compliance with the law in some states certain juvenile records provide for automatic expungement. In Smith’s case the Court of Appeals affirmed his conviction. However the decision of the sentencing judge implemented that the punishment would be carried out at the same time as another sentence Smith was already

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When a judge is considering sentencing to convict an offender specific deterrence should be more valuable than general deterrence but both are needed in the sentencing process. For the offender not to reoffend specific deterrence need to be embedded to determine the certainty of the crime. So the offender will not commit the same crime twice. Overall doing the sentencing process the judge have the right to use this offender specific deterrence to promote general deterrence to the public. This will allow other to fear the consequences and possibly punishment if they commit this specific crime.

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In the U.S. criminal justice system, there are two basic sentencing models that the courts use to apply their judgments. These are determinate sentencing and indeterminate sentencing. Determinate sentencing can be referred as a set sentence imposed to an offender this model is based on the famous phrase “Do the crime and will do the time”; however, this model has a unique quality and that is that a parole board can’t overturn the length of the sentence that was imposed. On the other hand indeterminate sentencing can be describe as the length of a sentences that has not being defined yet like the term “25 to life” on this term you can see that the sentencing was not set to an specific time frame, that means that the offenders release date is

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For example, the parole and supervised release committee must take into consideration the victims opinion when considering a offenders release, thus limiting the boards ability to use it’s discretion on what they may be a more appropriate release date. The goals of the victim-witness program could also potentially limit the prosecutions ability to prosecute the offender for a longer sentence. For example, a victim could potentially want to forgive the offender for the harm they have been cause, therefore, seeking for a more lenient sentence then the prosecution may be seeking, thus constricting the prosecutions

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Mitigating circumstances is an event or condition that makes an offense less serious than it might be. According to Garvey (1998) mitigating circumstances are events or conditions that do not justify or excuse the criminal behavior that was committed, however are considered out of kindness or reasonableness in choosing the level of the offense. The prosecutor can act upon discretion in such case and lessening the punishment upon conviction. Mitigating circumstances regularly relate more to the guilty party than to the offense. Accepting guilt and collaboration with the examination are frequent examples of mitigating circumstances that would have a tendency to a decrease in sentence (Garvey, 1998).

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Introduction Crime, its punishment, and the legislation that decides the way in which they interact has long been a public policy concern that reaches everyone within a given society. It is the function of the judicial system to distribute punishment equitably and following the law. The four traditional goals of punishment, as defined by Connecticut General Assembly (2001), are: “deterrence, incapacitation, retribution, and rehabilitation.” However, how legislature achieves and balances these goals has changed due to the implementation of responses to changing societal influences. Mandatory minimum sentences exemplify this shift.

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Many judges declared the Sentencing Reform Act (going against something in the Constitution), and by the summer of 1988 sentencing in the federal courts was in total messy confusion. The U.S. Supreme Court finally resolved the (agreeing with, or related to, the Constitution) status of the guidelines in its 1989 decision in Mistretta v. United States, holding that the Sentencing Reform Act 's creation of the commission and its delegation to the commission of the job of drafting guidelines were (in a way that agrees with or is related to the Constitution) allowed, clearing the way for the (putting into) use of the guidelines in federal courts across the

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Sentencing for a crooked offenses can range from community service and probation, even leading up to the death penalty. There are things called the “three strikes” sentencing laws, state-specific guidelines, mandatory minimum sentences, etc... Sentencing in the court system takes place straight after the misdemeanors, convictions, or if the defendant pleads guilty (Find Law, 2016). If the criminal cases are more miscellaneous, such as involving serious felonies, the sentencing judge will require the defense, probation department, and the prosecutors input. The judge will consider multiple factors determining a criminals sentence. He will consider if the offender has any criminal history, if the offender was the main accessory (which is someone who assists the main person that commits the crime), if the offender appearance is displayed well (as if they show remorse or regret), if anyone was injured or the crime was particularly likely to result into injury , or if the offender was cruel to a victim, destructive, etc... Judges in most cases have a clear mindset when determining a proper sentence.

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Gregory, I too chose indeterminate sentencing as the best method of sentencing. I believe that when it comes to sentencing a person, rehabilitation should be a key factor for the individuals overall being. If there are no programs in place and we just allow people to be released without any form of treatment, then they will just repeat the behavior they have become accustomed to. I also agree as to when you stated the negative effects such as a drunk driver being released sooner after killing somebody due to the treatment they received. What I disagree with though is when you mentioned it becomes expensive for the state.

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(p.94) Thus the power to punish rested on semio-techniques consisting of five-six major rules. The rule of minimum quantity: which limits the advantages and desirability of committing crime. (p.94) Rule of sufficient ideality: e.g. pain at the heart of committing a crime is not actual pain but an act of inconvenience brought on by imprisonment for committing a crime, thus deterring people from committing future crimes. (p.94) The rule of lateral effects: implies the criminal penalties must have the most intense effect on those who have not committed crimes in order to impose a judgment of the crime as well as prove the criminal was punished in proportion to the offense (p.95) The rule of perfect certainty: e.g. precise measures and laws that clearly define a crime and penalties to be imposed for the crime (both must be understood by the judge, jury and the criminal).

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In the formal criminal justice process, there are important decision makers that decide whether to keep the offender in the system or dismiss the suspect with no future consequences. Suppose a law was set in place

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This part countain 6 rules the first is to make crime unprobtile or has he puts it “outweigh the profit of the offense”(59). This is to scary most people straight so to speak. The second rule is to focus on the bigger offense then the lesser one. The third rule is if someone must commit a crime the object is to have the offender choose the lesser crime. The fourth rule is once the offender as committed the ctime the next object is to stop them from doing that crime again.

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