Wednesday, May 6, 2020

Sentencing After a Guilty Verdict - 1981 Words

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 defendant (as there are available different types of sentences for young offenders), previous convictions (if the defendant has committed a crime before), the seriousness and nature of the crime committed (what has the defendant done and how serious the†¦show more content†¦This obviously would stop offenders from re-offending, could decrease a criminality in the UK and even for public protection would be good if dangerous individuals are removed from a society and also could avoid the offenders picking new ideas and techniques from other prisoners. Another type of custodial sentence is a mandatory life sentence which is the only sentence a judge has to impose for murder and is allowed to state the minimum length of sentence for the offender before is eligible to be released on license. This minimum is governed by Criminal Justice Act 2003 s 269 Shed 21 and it is giving to the judge the starting point for minimum length to be ordered to the offender, ranged from life sentence down up to 12 years, e.g. for child murder, sexual or sadistic murder the offender can serve 30 years imprisonment. The aim of retribution, incapacitation and general deterrence can be used to support this type of sentencing. Deterrence does not fit the crime. The main aim of deterrence is to deter people from committing a crime by fear of future punishment and is mostly focused on violent offences. The Government used a method of CCTV to deter crimes such as violence, shoplifting and criminal damage in town centers, but unfortunately it does not work as was expected because these crimes just move toShow MoreRelatedNot 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 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 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 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 MoreEssay on Stages of Criminal and Civil Proceedings1594 Words   |  7 Pages A civil case starts out with pleadings. A lawyer files paperwork with the clerk of courts for his/ her client. This paperwork states that the client was injured in some way, either by the person or the unlawful act that was committed. After the pleadings the case then goes to the pretrial conferences. A judge and the 2 lawyers will sit and discuss what is relevant and what is not for the trial. At this conference both lawyers must state whom they will call for witnesses and what evidenceRead MoreCriminal Justice And The Federal Criminal Process870 Words   |  4 Pagesgiving their closing arguments (Steps in the Federal Criminal Process, 2015). After this the judge will give the jury instructions on the charges, and inform them of the law so that they may go off and reach a verdict on the case (Steps in the Federal Criminal Process, 2015). This is the point when everything is now in the hands of the twelve individuals that the judge just dismissed from the court room. When the verdict is reached the judge is notified and everyone is brought back into the courtroomRead MoreEssay on Courtroom Procedures and the Role of the Prosecution934 Words   |  4 Pagesexactly have to prove that their clients are inn ocent; the defense only has to make enough holes in the case of the prosecution to cause the jury to have reasonable doubt that the defendant is guilty. The prosecution, however, must provide evidence to argue beyond any doubt that the accused party is guilty of their crime. A prosecuting attorney will often be a government worker whose job is to carry out legal action against someone accused of a crime (WiseGEEK). They often work with investigatorsRead MoreThe United States Court System1198 Words   |  5 Pagesdefendant is found guilty or inocent on the first meeting. A criminal trial is a process with several time consuming steps that may take large amounts of time. These steps include the first appearance, the grand jury, the preliminary hearing, arraignment and the plea, and plea bargaining, which are part of the pretrial process and trial initiation, jury selection, opening statements, presentation of evidence, closing arguments, judge s charge to the jury, jury deliberat ions, and the verdict, which are partRead MoreThe Mandatory Minimum Sentencing Laws1613 Words   |  7 PagesCurrent mandatory minimum sentencing laws are in dire need of reform. A mandatory minimum sentence is a court decision where judicial discretion is limited by law. As a result, there are irrevocable prison terms of a specific length for people convicted of particular federal and state crimes. As of January 2014, more than 50 percent of inmates in federal prisons are serving time for drug offenses, and more than 60 percent of people incarcerated are racial and ethnic minorities. The use of safety

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