Can a judge increase a sentence?
After a criminal defendant is convicted or pleads guilty, a judge will decide on the appropriate punishment during the sentencing phase of a criminal case. In some circumstances, the judge is able to enhance or reduce a sentence based upon factors specific to the crime and the defendant.
What is the difference between mitigating and aggravating circumstances?
Aggravating circumstances refers to factors that increases the severity or culpability of a criminal act. A mitigating factor is the opposite of an aggravating circumstance, as a mitigating factor provides reasons as to why punishment for a criminal act’s ought to be lessened.
What are the kinds of aggravating circumstances?
- 4 KINDS OF AGGRAVATING CIRCUMSTANCES.
- GENERIC. Generally applies to all crimes. Dwelling, Nighttime, Recidivism.
- SPECIFIC. Only to particular crimes. Ignominy against chastity.
- QUALIFYING. Change nature of crime. Treachery + premeditation.
- INHERENT. Must accompany the crime.
What factors come into play to determine whether someone should be charged with committing a crime?
For instance, judges may typically consider factors that include the following:
- the defendant’s past criminal record, age, and sophistication.
- the circumstances under which the crime was committed, and.
- whether the defendant genuinely feels remorse.
What are the steps in the court process?
- Initial Hearing/Arraignment.
- Plea Bargaining.
- Preliminary Hearing.
- Pre-Trial Motions.
What are the steps in criminal procedure?
The major steps in processing a criminal case are as follows:
- Investigation of a crime by the police.
- Arrest of a suspect by the police.
- Prosecution of a criminal defendant by a district attorney.
- Indictment by a grand jury or the filing of an information by a prosecutor.
- Arraignment by a judge.
Can a prosecutor bring up past charges?
Generally, prosecutors can’t use evidence of prior convictions to prove a defendant’s guilt or tendency to commit crimes, but they can sometimes use them to question the truthfulness or credibility of the defendant’s testimony.