Are There Typical Punishments for People Convicted of an Offense?
There is no specific book of punishment, as sentencing is based on a variety of factors. A good criminal attorney, with their knowledge of the law and how courts typically rule, can usually give a good idea of what to expect, but in the end it comes down to the decision of the court.
Usually the presiding judge will decide upon the sentence once a jury has delivered a guilty verdict. The court cautions elected jurors not to factor possible sentencing when attempting to determine the guilt or innocence of an individual. Certain states require juries to be involved in the sentencing process, but only in rare circumstances, which include advising whether a defendant should receive the death penalty over life imprisonment.
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Many laws contain sentencing guidelines written directly into the law. A first time offender may be subject to a monetary fine, imprisonment or both, which is not to exceed a specific amount. The judge then determines the final penalty.
“Mandatory sentencing” applies when federal crimes are committed and, in certain instances, when a state law is violated. Under these circumstances, judges are required to hand down predetermined punishment for anyone who breaks these specific laws.
A person’s age, criminal history, social and work history in addition to what prompted the individual to break the law and whether he or she regrets the action, are issues taken into consideration. In these situations, the punishment is determined based on the offender and not the law that was broken.
A defense lawyer may introduce “mitigating circumstances” which are particular facts of the case which may cause the judge to lessen the sentence. Perhaps the defendant did not play a key role in the crime, but was assisting another person. Maybe the person was experiencing a great amount of stress when the crime was committed, for example, job loss, bills piling up and a family illness.
On the other hand, “aggravating circumstances” influence a judge to deal severely with an offender. How a crime was committed could be an aggravating circumstance. An offender who was intentionally cruel or malicious will receive a sentence based upon that behavior.