Courts and Judicial Process Part2

Sentensing

Only 2% go to trial'; 83% of them are convicted; 90% plead guilty, and 8% had the case dismissed.

How can your sentence be lowered

By accepting responsibility, making it riskier to go to trial than to accept a plea

Purpose of punishment

Retribution, incapacitation, rehabilitation, deterrence, restoration, and reintergration

Indeterminate sentencing

Punishment is an unspecific range

Determinate sentencing

Specific amount of time (ex: 30 years)

Good time

Get sentence reduced with good behavior

Statute

Sets the range of punishment for the judge

Federal Sentencing Guidelines

Gives a range that is not mandatory, but the judge may also consider relevant conduct

Who determines the punishment

Judge

Mandatory minimum (statute)

Seriousness, prior convictions, and life without parole

Habitual offender statues

3-strikes (3 felonies=life), increase penalty range for prior convictions, gun enhancements, and truth in sentencing

When can the judge go outside the statutory ranges?

Never, except for substantial assistance requested by the prosecution

What events made the prison population increase?

War on Drugs (1973)

Reagan pushed zero tolerance (1983)

Sentencing guidelines (1987)

Crime Bill (1994)

Booker v US (2005)- decreased population

First Step Act (2019)- also decreased population (asks judge to reconsider based on health and other circumstances)

Federal Sentencing Range for Meth

No quantity= 0-20 years

5gms= 5-40 years

50mgs- 10-life

Booker v US

This case made The Federal Sentencing Guidelines advisory, no longer mandatory

Blakely v Washington

6th Amendment right to jury trial prohibited judges from enhancing criminal sentences based on facts other than those decided by the jury or admitted by the defendant

Kimbrough v. United States

A judge could reasonably depart from the presumptively reasonable sentence advised by the sentencing guidelines

Gall v US

Sentenced upheld, courts have authority to set any reasonable sentence as long as they explain why

Rita v. United States

Alleyne v. United States

Facts used in imposing a mandatory minimum must be found by a jury beyond a reasonable doubt