Show A judge’s role is to use their specialist knowledge and experience of the law to ensure cases and verdicts are carried out within the limits of the law, and then to hand down a judgment or sentence that takes all these considerations into account. Find out more about sentencing:Can judges pass any sentence they like?A judge’s role is not to make law, but to uphold and apply the laws made by Parliament. The laws must be interpreted and applied by the judges to different cases, and this includes guidelines on the appropriate sentence. If a jury finds the defendant guilty then the judge will decide on an appropriate sentence. Magistrates can find a defendant guilty and pass sentence themselves, or send the case to Crown Court for sentencing if they feel the offence is too serious for their own sentencing powers. Factors to considerThe sentence will be influenced by a number of factors; principally:
The judge will equally take into account the mitigation, which might include difficult personal circumstances, expressions of remorse or a guilty plea. If an offender does admit to their crime it usually means they get a reduced sentence with a maximum of a third off when they admit their crime at the very earliest opportunity. The later the plea, the smaller the reduction. Only once the judge has considered all of these factors will the appropriate sentence or punishment be pronounced. Making the punishment fit the crimeOne of the most important things is to make sure appropriate sentences are given for each offence – in other words, the punishment should fit the crime. To do this, judges and magistrates use sentencing guidelines. These help them sentence offenders in a consistent way. Each and every offence and every offender is different but the aim is to make sure that the way in which a judge or magistrate decides the sentence is the same. Judges will also think about what sort of sentence would be most likely to change the offender’s behaviour. What types of sentence are there?There are four main types, the toughest of which is prison. This is used when a crime is so serious, or an offender’s record is so bad, no other sentence will do. Offenders will normally spend half their sentence in prison, and the rest on licence in the community. For some offenders this will mean wearing an electronic tag which means they are severely restricted in where they can go. If they break the conditions of their licence, they can be sent back to prison for the rest of the sentence. Community sentences combine rehabilitation with activities carried out in the community, such as unpaid work to remove graffiti or clear up litter, getting treatment for drug addiction or keeping to a curfew. This is not a soft option – offenders can be made to do between 40 and 300 hours of demanding work. Fines are the most common type of sentence and are for less severe offences. The amount of fine is set by the court after considering the seriousness of offence and the offenders’ ability to pay. Finally, we have discharges – these are used for the least serious offences for which the experience of being prosecuted and taken to court is thought to be punishment enough. But if an offender commits another crime within a set period, a sentence for the original offence as well as a new one can be given. The Sentencing CouncilCreated by the Coroners and Justice Act 2009, the Sentencing Council was launched in April 2010, replacing its predecessors the Sentencing Guidelines Council and the Sentencing Advisory Panel. The Sentencing Council promotes greater consistency in sentencing, whilst maintaining the independence of the judiciary. It is responsible for developing sentencing guidelines and monitoring their use; and assessing the impact of guidelines on sentencing practice. It may also be required to consider the impact of policy and legislative proposals relating to sentencing, when requested by the Government; and promoting awareness amongst the public regarding the realities of sentencing and publishing information regarding sentencing practice in Magistrates’ and Crown courts. It must also consider the impact of sentencing decisions on victims and monitor the application of the guidelines (in order to help predict their effect).
Criminal courts have a duty to sentence an individual to punishments that fall in line with the seriousness of the crime for which the person was convicted. There are many different factors that go into these decisions, and the judge must consider them all. If you’ve been convicted of a crime, you should understand what points might be utilized to determine what sentence you will face. One of the first things that a judge must look at is the sentencing guidelines for the specific crime. Some crimes have mandatory minimum sentences that must be handed down. In other cases, judges have more discretion but there are usually sentence ranges and specific options that they can review. Some other factors that are considered in these cases include:
You have the right to make a statement prior to sentencing. You should discuss this with your attorney to find out if it is in your best interests to do so. It is also possible that the victims of specific crimes or their family members might opt to provide impact statements. If you reasonably think that you’re going to be convicted of a crime, you need to think carefully about how you might tailor your defense strategy to address the potential sentencing options that you face. Your defense might focus solely on minimizing the penalties that you’ll receive.
Accessibility Close Menu If you’ve been convicted of a crime, you might be wondering how it is that the judge will decide your sentence. A judge has to consider many factors in weighing what sentence to impose upon a defendant who comes before them. Here are some of the factors that a judge will consider in deciding how to sentence you: The first thing that a judge will consider is the law. Criminal offenses will have minimum and maximum punishments that are set by statute. Further, case law and constitutional considerations will also impact the judge’s ability to determine a particular sentence. If a judge were to fail to follow the law, the sentence would be overturned on appeal. A judge will look at your prior criminal history in determining how to sentence. Lack of a criminal history will likely benefit you greatly, while a lengthy criminal history is a tough hurdle. Even criminal convictions far back in time will be considered, although more recent criminal convictions will be more damaging. Your age at the time of the offense will be considered. Youthful first offenders are often cut more breaks than older offenders, as their immaturity and lack of brain development can contribute to poor decision making. On the other hand, elderly offenders who have kept a clean record for most of their life and have a momentary indiscretion are also often cut some slack by many judges. Of course, the seriousness of the crime and the facts surrounding the commission of the crime will play into the judge’s decision. If you can provide the court with mitigating factors that help to provide some context to the reasons that led you to commit the crime, it can be helpful. Having the support of your family, friends, and other members of the community can be a positive factor for a judge who is determining a sentence. Many lawyers will ask your family and friends to write letters of support to be submitted to the judge prior to sentencing, so that the judge can take into consideration that community support. Further, letters from friends and family can help humanize you for the judge, so you’re not just a number. To many judges, it is important to know whether or not a defendant is remorseful for his or her actions. If you can demonstrate sincere remorse to the judge, it may positively impact your sentence.
If you have a professional evaluation that discusses the factors that led you to commit the crime and gives a positive outlook for your future risk to commit further crimes, that can be helpful. For example, if you were being sentenced for a sexual offense, a sex offender risk assessment by a licensed psychologist that indicates that you are at low risk to reoffend will likely result in a lower sentence. The judge will look at what he or she believes to be your risk to the community. If you have an assaultive or sexual offense, your risk to the community will be higher than if you are being sentenced for a financial crime or other non-violent offense.
The judge has to decide how much punishment is appropriate in your case, versus how much they want to focus on rehabilitation. If you are being sentenced in a criminal case, it is important that you are represented by a lawyer, and that you speak to experienced criminal defense lawyers about your case. |
What factors does a judge consider when determining sentencing
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