Chapter 17: Sentencing and Appeal

Chapter 17: Sentencing and Appeal

Overview of Sentencing

  • Imposition of Sentences
    • Sentencing is primarily carried out by the trial judge.
    • For misdemeanors, sentencing occurs immediately after the verdict.
    • Some jurisdictions allow jury recommendations for sentences.
    • The legislature plays a crucial role in determining the penalties for various crimes.
    • Sentencing is bounded by the Eighth Amendment, which prohibits excessive fines and cruel and unusual punishment.

Sentencing Procedure

  • Post-Guilty Verdict Process
    • After a guilty verdict, a sentencing date is established.
    • The defendant does not have a right to a speedy sentencing process.
    • A presentence investigation is conducted, which does not guarantee the right to counsel.
    • The investigation begins with interviewing the defendant and obtaining vital documents.
    • A presentence report is prepared based on collected information.
    • There is a formal sentencing hearing, which is adversarial in nature.
    • Victim impact statements are permitted during this hearing, referencing the case Payne v. Tennessee (1991), which allows for these statements in sentencing considerations.

Punishing Acquitted Crimes

  • Judges historically have considerable discretion in sentencing.
  • Standards of Proof for Sentencing
    • Conviction requires proof beyond a reasonable doubt.
    • Sentencing, on the other hand, requires proof by a preponderance of the evidence.
  • Judges may consider facts not presented to the jury when making sentencing decisions, although they are generally bound by the jury's findings.
    • Recent legal standards stipulate that any conduct for which a defendant was acquitted must be found by a jury before it can influence sentencing decisions.

Forms of Punishment

  • Capital Punishment
    • The death penalty is the most controversial form of punishment.
    • Interpretations of the Eighth Amendment state that it does not inherently classify the death penalty as cruel and unusual.
    • Sentences must be proportional to the crime committed, preventing disproportionate sentences.
    • Defendants lacking mental competency (e.g., due to insanity) cannot be executed until their faculties are restored.
  • Corporal or Physical Punishment
    • Limited by the Eighth Amendment, which suggests that pain does not automatically render punishment illegal.
  • Incarceration
    • Used as a method to manage dangerous individuals by criminally restraining them.
  • Shaming Sentences
    • In instances where judges feel disillusioned with traditional incarceration, shaming sentences may be imposed as an alternative punishment.

Types of Sentencing

  • Indeterminate vs. Determinate Sentencing
    • Indeterminate Sentencing: Corrections officials have the most control over the duration of the inmate's sentence.
    • Determinate Sentencing: The sentencing judge defines a fixed sentence with no opportunities for early release.
  • Definite vs. Indefinite Sentencing
    • In definite sentencing, the legislature outlines a specific penalty for each crime.
    • Indefinite sentencing allows for a range from which to impose the sentence.
  • Presumptive Sentencing
    • The legislature sets out a recommended sentence from within a specific range, barring any aggravating or mitigating circumstances.
    • Aggravating Circumstances: Factors that elevate the seriousness of a crime.
    • Mitigating Circumstances: Facts that, while not justifying or excusing a crime, could reduce the sentence.

Additional Punishment Forms

  • Suspended Imposition of Sentence (SIS)
    • A community-based correctional method that may encompass restitution, probation, halfway houses, and parole.
    • This differs from suspended sentencing where the judgment of conviction is delayed pending satisfactory compliance by the defendant.
    • If the defendant adheres to the terms, prosecution efforts may be abandoned.
  • Concurrent and Consecutive Sentencing
    • Concurrent Sentencing: Sentences are served simultaneously.
    • Consecutive Sentencing: Sentences are served sequentially, one after another.
  • Parole
    • An early release mechanism from prison designed to encourage good behavior post-incarceration.
    • Parole is subject to specific conditions that must be followed.
  • Halfway Houses
    • Minimum-security residences in the community for reintegrating offenders.
  • Probation and Revocation
    • A suspended sentence allowing the defendant to remain free but under court-imposed conditions.
    • Supervised by a probation officer.
    • Violations of conditions can lead to disciplinary actions and potentially a revocation hearing, leading to incarceration.
  • Community Service
    • A suspended sentence mandating a defendant to complete a specified number of community service hours.
    • Available jobs may vary from unskilled labor to professional work.
  • Restitution
    • Aimed at compensating the victim rather than punishing the defendant.
    • Compensation is limited to actual damages arising from the offense.
  • Fines
    • Purpose is to serve as a punishment for the defendant, with proceeds directed to the public treasury.
  • Forfeiture
    • Involves confiscating property and financial assets related to the crimes committed, often applied in cases involving organized crime and drug trafficking.
  • Modern Sentencing Alternatives
    • Programs including work release, drug and alcohol treatment, shock treatment, and house arrest/halfway houses.

Habitual Offender Statutes

  • Enacted as a severe penalty in many jurisdictions, allowing significant sentence enhancements for repeat offenders.
  • Jurors often do not learn about the habitual charge until the verdict is rendered.
  • Recidivist or Habitual Offender Laws: Often known as “Three Strikes” laws, which impose increased penalties after a defined number of felony convictions within a certain timeframe.

Postconviction Remedies

  • Appeal
    • Appeals are granted by the state via statutes or constitution, must not violate due process or equal protection rights.
    • The filing of an appeal includes specific brief issues directed to the appellate court.
    • Many jurisdictions allow for bail pending appeal for misdemeanor cases.
    • Scope of Review in Appeals
    • Typically, only final orders or judgments can be appealed, and cases are not retried—only procedural errors are considered.
    • Not every error necessarily leads to a reversal; only those deemed prejudicial may have an impact on the outcome.
  • Habeas Corpus
    • A legal mechanism that compels detention authorities to bring a person before the court to evaluate the legality of their confinement.
    • Applicable in both state and federal jurisdictions, enabling individuals to contest the lawfulness of their confinement.
    • Specific elements include the scope of review, requirement for exhaustion of remedies, and custody stipulations.

Appealing Outside the Courts

  • The federal government possesses several prerogatives regarding criminal convictions and punishments, including clemency measures.
    • Clemency: The power to forgive or reduce a sentence.
    • Commutation of Sentencing: Adjusting a criminal penalty to a lighter one.
    • Pardon: Fully exonerating the defendant from a conviction.
    • Reprieve: Granting a delay concerning execution to allow further case reviews.

Ethical Considerations

  • Attorney Discipline
    • Online databases provide information regarding legal professionals' disciplinary records, detailing the nature and dates of violations, as well as the consequences imposed.