What are the aims of sentencing?
There are four main aims of custodial sentencing: incapacitation (to protect other people); rehabilitation (using education and treatment programmes to change offender behaviour); retribution (to show society and the victim’s family that the offender has been forced to pay for their actions); and deterrence (to prevent …
What factors do judges use in determining sentences?
A judge must impose a sentence that is sufficient, but not greater than necessary, to: reflect the seriousness of the offense; promote respect for the law; provide just punishment for the offense; adequately deter criminal conduct; protect the public from further crimes by the defendant; and provide the defendant with …
What is the definition of sentencing?
A sentence is the penalty ordered by the court. Generally, the primary goals of sentencing are punishment, deterrence, incapacitation, and rehabilitation. In some states, juries may be entitled to pronounce sentence, but in most states, and in federal court, sentencing is performed by a judge.
What is an aggravating factor?
Any fact or circumstance that increases the severity or culpability of a criminal act. Aggravating factors include recidivism, lack of remorse, amount of harm to the victim, or committing the crime in front of a child, among many others. The recognition of particular aggravating factors varies by jurisdiction.
What would be one example of an aggravating circumstance?
Aggravating circumstances refers to factors that increases the severity or culpability of a criminal act. Some generally recognized aggravating circumstances include heinousness of the crime, lack of remorse, and prior conviction of another crime.
What are the sentencing options?
Not every conviction means a trip to prison and alternative sentences can include:
- Suspended sentences;
- Fines or restitution;
- Community service;
- Deferred adjudication or pretrial diversion; and.
- Probation.
What is the main difference between determinate and indeterminate sentencing?
The key difference between determinate and indeterminate sentencing is that the determinate sentencing is a prison sentence that is definite and is not subject to review by a parole board whereas the indeterminate sentencing is a prison sentence that consists of a range of years, not a fixed amount of time.