Judicial Sentencing Options, Sentencing Disparities, and Appeals

An overview of judicial sentencing options, disparities in sentencing, and the appeals process.

Bifurcated Process in Death Penalty Cases

In death penalty cases, the legal process is bifurcated, meaning it is split into two parts:
- Determination of guilt or innocence: If found innocent, the case ends.
- If found guilty, a separate sentencing phase occurs.
There is a period between the judgment of guilt and the sentencing phase.
- Administrative actions during this time can influence the sentencing outcome either positively or negatively.

Determinant vs. Indeterminate Sentencing

Indeterminate Sentencing: A range of years is given (e.g., 10-20 years), with the parole board determining the actual release date.
The text starts by discussing incarceration.

Incarceration vs. Probation

Approximately 25% of criminal convictions result in probation, while 75% lead to incarceration.

Jail vs. Prison

Jail is a county or municipal function.
Prison is a state function.
Jail time may be for shorter durations, such as longer misdemeanor sentences.

Trends in Sentencing

Post-9/11, increased enforcement and law spending led to longer sentences and more incarcerated individuals, a recurring theme in the text.
The average sentence for all offenses is 50 months (about 4 years), but this varies:
- Violent offenses: 90 months
- Drug offenses: 40 months
- Public order offenses: 31 months
70% of those convicted of murder receive more than 10 years.

Probation

Typically available for first-time offenders.
Allows individuals to remain in the community, support families, and maintain employment.
Incarceration prevents the ability to pay fines, child support, or restitution.
Those on probation are still under the control of the justice system.
Requirements may include:
- Regular check-ins
- Payment of fines
- Random drug tests
- Treatment programs for drug offenses
A low percentage of drug offenders receive probation with orders to attend drug classes.
About 37% of property offenders are required to pay restitution, sometimes even to large stores like Walmart for their losses.

Conditions and Violations of Probation

Probation can involve shoplifting classes.
Random drug tests are common, and missing them is not taken lightly.
Face-to-face meetings with a probation officer can be weekly or monthly.
Violating terms of probation results in appearing before a judge, who can revoke probation and impose jail time.

Real-life Example of Probation Violation

An individual violated an injunction by contacting his wife, despite instructions from his attorney, resulting in immediate jail time.

Probation Statistics

Approximately 4.3 million people are on probation.
17% of probationers fail, leading to incarceration.
*70% of the probationers were incarcerated because of revocation
Recidivism, the act of reoffending, is a key concern.

Shock Probation/Incarceration

Involves sentencing someone to prison (e.g., five years) and then releasing them after a short period (e.g., a few months) to convert the sentence to probation.
Intended to shock or frighten first-time offenders.
Recidivism rates are lower with shock probation.

Split Sentencing

A sentence includes both incarceration and probation (e.g., five years, with two years in prison and three years on probation).
Multiple sentences can run concurrently (at the same time) or consecutively (one after the other).
Federal and state sentences are independent of each other.

Death Penalty

Requires a bifurcated process.
Results in an automatic appeal to the Supreme Court.
As of the time of the transcript, 27 states have the death penalty on the statutes, but only a few are active.
Methods include lethal injection, electrocution, gas chamber, hanging, and firing squad.
Nitrogen hypoxia is a newer method, but it has had complications.
Public opinion:
- 60% of citizens support the death penalty.
- 52% believe it is applied fairly.
- Most do not believe it is a deterrent for capital crime.
The cost to execute someone is approximately 1,100,000, primarily due to the extensive legal process.

Mitigating and Aggravating Factors in Death Penalty Cases

Between the judgment and sentencing, mitigating and aggravating factors are considered.
Aggravating factors:
- Serious bodily injury
- Defendant being out on bail
- Prior criminal history
- Number of victims
- Defendant being the mastermind
- Cruel treatment
- Use of a weapon
Mitigating factors:
- Cooperation with authorities
- Absence of bodily injury
- Duress
- Justification
- Mental illness
- Payment of restitution
These factors are documented by a probation officer in a Pre-Sentence Investigation (PSI) report.

Pre-Sentence Investigation (PSI) Report

A written summary provided to the judge, prosecutor, and defense.
Includes personal information about the defendant (e.g., marital status, children, residence, education, employment).
Contains the defendant's version of the crime (offender's sentencing memorandum).
Judges vary in how closely they pay attention to these reports.
Defense attorneys should ensure their clients sincerely apologize and accept responsibility.

PSI Report Contents

Asks the defendant to write about their crime, allowing them to explain their situation and background.
Includes suggestions for sentencing alternatives, treatment proposals, and community service.
Victim impact statements are included.

Victim Impact Statements

Serve as a healing effect for victims.
Allow victims to express how the crime impacted them and participate in the sentencing process.
All parties involved should have a voice in the sentence.

Imposing the Sentence

Judges use the reports, memorandums, and victim statements.
They consider aggravating and mitigating factors, habitual offender statutes, and presumptive guidelines.
They also have judicial discretion.
The goal is to mitigate any disparity.
Special considerations may be given to elder offenders.

Sentencing Disparities

Appeals are difficult to win.
The court presumes the trial court's judgment was legitimate.
Demographic characteristics are not, by law, supposed to be considered by judges.
The text acknowledges disparities in income, representation, and race.
Male incarceration rates are 14 times that of females.
Chivalry may play a role during sentencing.

Appeals Process

Convicted defendants are entitled to one appeal.
Economic disparity affects access to appellate attorneys.
Appellate attorneys and trial attorneys have different skill sets. Appellate work focuses on documentation and preserved errors as opposed to direct contact with defendants.
Stare decisis: Appellate courts generally won't redecide something if a case with the same facts has already been decided.

Key Terms in Appeals

Appellant: The one who lost in the trial court and is filing the appeal.
Appellee: The one who liked the decision and is defending it.
The designation of the case changes.

Basis for Appeal

Ranges from the original arrest to sentencing.
Grounds for appeal include:
- Violation of Fifth or Sixth Amendment
- Admissibility of evidence
- Ineffective counsel
Overwhelming evidence of prosecutorial misconduct or judicial indiscretion needed for a successful appeal.

Habeas Corpus

Concerns the fact, length, or nature of confinement.
Allows an appeal based on conditions of confinement.
Most petitions are denied by the U.S. Supreme Court.
Challenges suppressing exculpatory evidence.
Requires all deficiencies or arguments to be in a single appeal.
All state court appeals must be exhausted before attempting a Supreme Court appeal.

Writ of Certiorari

A request to the Supreme Court for additional information to review a case.
The Supreme Court takes very few of the appealed cases.

Appellate Process Details

The party who lost the appeal files a notice of appeal within a time limit.
Court documents and transcripts must be provided.
Pro se litigants are treated the same way as someone with an appellate attorney
New evidence is not allowed.
To be reversed, there must be overwhelming evidence.
Reversal doesn't absolve the offender of criminal liability; case gets remanded for retrial.

Dissenting Opinions

Have no bearing on the particular case, but they give insight on future trends.

Wrongful Convictions

Often due to circumstantial evidence.
Motive, means, and opportunity can lead to convictions.
*Plea bargains occur when there's a lesser included offense to plead to
*Often there may be plea bargain involving something that wasn't done
Looking guilty in the eyes of the jurors can lead to convictions.

Exonerations

As of 2022, 375 people have been exonerated across the 50 states.
Better to find ten guilty people innocent than to find one innocent person guilty.
Organizations exist to help with exonerations.