Criminal sentencing in the United States
Encyclopedia
In the United States, a judge
sentences a person convicted of a crime. The length of the prison term depends upon multiple factors including the severity and type of the crime, state and/or federal sentencing guidelines, the convicted's criminal record, and the personal discretion of the judge. In addition, a few states, such as Kentucky
, require the judge receive a sentencing recommendation from the trial jury
. These factors may be different in each state and in the federal system as well. The vast majority of criminal convictions arise from plea bargain
s, in which an agreement is made between prosecutors and defense counsel for the defendant to plead guilty to a lesser charge for a lesser sentence than they would receive if found guilty at trial.
Some prisoners are given life sentences. In some states, a life sentence means life, without the possibility of parole. In other states, people with life sentences are eligible for parole. In some cases the death penalty may be applicable, however, since the U.S. Supreme Court decision in Ring v. Arizona
, a recommendation of the trial jury is required to impose a sentence of death.
The U.S. Sentencing Guidelines prescribe a discount of about one-third for most defendants who accept responsibility and plead guilty; further discounts are available to some defendants through fact bargaining
, substantial assistance, and so on. Federal court statistics from 2003 show that the average sentence given for offenses resolved by guilty plea was 54.7 months, while the average sentence for offenses resolved by trial was 153.7 months.
The results of long term sentences is that the offender can take advantage of the programs that the prison allows, including rehab for drug abuse or alcohol abuse, anger management, mental health, and so on, so when the offender completes the rehab or program they need they may be released upon request from authorities
Some have criticized that long term sentences may have no effect on the offenders- that they just go back out into the community and keep committing the same crimes.
In the mid-1970s most state and federal prisons moved from long term to short term sentencing. As the years go by the state and the federal are thinking about moving it back to long term. Many states use the mixture of the two because some offenders get their sentences reduced due to rehab, counseling , and other programs so the department of corrections has the right to reduce sentences by one hundred and eighty days for good behavior or good time.
prepare a presentence investigation report to inform the court as to the defendant's characteristics, including his criminal record, if any. In the 1970s the length of incarceration had increased in response to the rising of crime rates in the United States. The conditions of the sentence had been satisfied when the legislature decided to reduce discretion in the sentencing process and the determination. The increase of incarceration in the last decade was most common in the life sentencing that have increased by 83 % between 1992 and 2003 due to short the three strikes law
s. Short term sentencing, mandatory minimums, and guideline based sentencing began to remove the human element from sentencing. They also asked the judge to consider the security of the crime to determine the length of an offenders sentence.
and if convicted they can get life in prison or receive capital punishment
, depending on which state the killer killed in. Below are several examples of how a serial killer may be sentenced in different states. For every victim a serial killer kills, the offender will be charged for every murder. For example, if a serial killer kills five victims, the offender could get five life sentences or five death sentences depending on the evidence and the state that they killed in.
a person is charged with murder when the offender knowingly and intentionally causes the death of a person or unborn child. The murder must be premeditated. In the state of Arizona, if an individual is found guilty of murder, there are three possible sentences: 35 years-Life, Life without parole, or the death penalty.
a person is guilty of first degree murder when it is perpetrated from a premeditated design to result in the death of a human being. This offense is categorized as capital offense, if convicted the offender will either receive the death penalty or life in prison without parole. Only a majority of the jury,seven, and not a unanimous jury, is required to sentence a person to death if convicted of capital murder.
a person is found guilty of first degree murder when they intentionally and knowingly cause the death of another person. The State of Hawaii has no death penalty. If they are found guilty, the maximum penalty is life imprisonment without parole.
states that homicide in the first degree is killing of a human being with intent. There are other specific guidelines like killing a police officer or firefighter is an automatic first degree charge or intent to kill more than one person is automatically a first degree charge. In the State of Louisiana you can receive life imprisonment without parole or the death penalty.
a person is found guilty of first degree murder when murder is perpetrated by means of poison, lying in wait, or any other willful, deliberate, and premeditated killing. In Michigan, first degree murder carries an automatic life sentence without parole.
first degree murder is the unlawful killing of a human being with malice aforethought, either expressed or implied. If a serial killer is found guilty with an aggravating circumstances or any mitigating circumstances, for example killing someone with torture or killing a stranger with no apparent motive. In the State of Nevada, they can seek the death penalty in those circumstances or get life without parole.
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
sentences a person convicted of a crime. The length of the prison term depends upon multiple factors including the severity and type of the crime, state and/or federal sentencing guidelines, the convicted's criminal record, and the personal discretion of the judge. In addition, a few states, such as Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
, require the judge receive a sentencing recommendation from the trial jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
. These factors may be different in each state and in the federal system as well. The vast majority of criminal convictions arise from plea bargain
Plea bargain
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...
s, in which an agreement is made between prosecutors and defense counsel for the defendant to plead guilty to a lesser charge for a lesser sentence than they would receive if found guilty at trial.
Some prisoners are given life sentences. In some states, a life sentence means life, without the possibility of parole. In other states, people with life sentences are eligible for parole. In some cases the death penalty may be applicable, however, since the U.S. Supreme Court decision in Ring v. Arizona
Ring v. Arizona
Ring v. Arizona, , is a case in which the United States Supreme Court applied the rule of Apprendi v. New Jersey, , to capital sentencing schemes, holding that the Sixth Amendment requires a jury to find the aggravating factors necessary for imposing the death penalty. Ring overruled a portion of...
, a recommendation of the trial jury is required to impose a sentence of death.
The U.S. Sentencing Guidelines prescribe a discount of about one-third for most defendants who accept responsibility and plead guilty; further discounts are available to some defendants through fact bargaining
Fact bargaining
Fact bargaining is a type of plea bargaining that occurs when prosecutors and defendants bargain over what version of events should be stipulated to by the parties and presented to the court as what happened. Some statutes or sentencing guidelines specify that certain increases or decreases in the...
, substantial assistance, and so on. Federal court statistics from 2003 show that the average sentence given for offenses resolved by guilty plea was 54.7 months, while the average sentence for offenses resolved by trial was 153.7 months.
Indeterminate sentencing
For the people that have to serve a long term sentence, the judge will sentence them to between 5–50 years. The legislature generally sets a short minimum sentence that one offender must spend in prison (e.g. one third of the minimum sentence). Then the parole board must set the actual date of prison release, and the standards that the parolee must follow.The results of long term sentences is that the offender can take advantage of the programs that the prison allows, including rehab for drug abuse or alcohol abuse, anger management, mental health, and so on, so when the offender completes the rehab or program they need they may be released upon request from authorities
Some have criticized that long term sentences may have no effect on the offenders- that they just go back out into the community and keep committing the same crimes.
Determinate sentencing
For the people that are given short term sentences usually serve the whole sentence decided by the judge, or the offender might have good behavior and earn good time which would be applied and taken off their sentence, based on the rules and regulations.In the mid-1970s most state and federal prisons moved from long term to short term sentencing. As the years go by the state and the federal are thinking about moving it back to long term. Many states use the mixture of the two because some offenders get their sentences reduced due to rehab, counseling , and other programs so the department of corrections has the right to reduce sentences by one hundred and eighty days for good behavior or good time.
Trends in sentencing law
Since the 1840s, many jurisdictions, including the federal, have adopted a practice of having a probation officerProbation officer
Parole officers and probation officers play a role in criminal justice systems by supervising offenders released from incarceration or sentenced to non-custodial sanctions such as community service...
prepare a presentence investigation report to inform the court as to the defendant's characteristics, including his criminal record, if any. In the 1970s the length of incarceration had increased in response to the rising of crime rates in the United States. The conditions of the sentence had been satisfied when the legislature decided to reduce discretion in the sentencing process and the determination. The increase of incarceration in the last decade was most common in the life sentencing that have increased by 83 % between 1992 and 2003 due to short the three strikes law
Three strikes law
Three strikes laws)"are statutes enacted by state governments in the United States which require the state courts to hand down a mandatory and extended period of incarceration to persons who have been convicted of a serious criminal offense on three or more separate occasions. These statutes became...
s. Short term sentencing, mandatory minimums, and guideline based sentencing began to remove the human element from sentencing. They also asked the judge to consider the security of the crime to determine the length of an offenders sentence.
Serial Killer Sentencing
The United States does not have a specific guideline to sentencing serial killers. When a serial killer gets caught, they will be charged with murderMurder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
and if convicted they can get life in prison or receive capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
, depending on which state the killer killed in. Below are several examples of how a serial killer may be sentenced in different states. For every victim a serial killer kills, the offender will be charged for every murder. For example, if a serial killer kills five victims, the offender could get five life sentences or five death sentences depending on the evidence and the state that they killed in.
Arizona
In ArizonaArizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
a person is charged with murder when the offender knowingly and intentionally causes the death of a person or unborn child. The murder must be premeditated. In the state of Arizona, if an individual is found guilty of murder, there are three possible sentences: 35 years-Life, Life without parole, or the death penalty.
Florida
In FloridaFlorida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
a person is guilty of first degree murder when it is perpetrated from a premeditated design to result in the death of a human being. This offense is categorized as capital offense, if convicted the offender will either receive the death penalty or life in prison without parole. Only a majority of the jury,seven, and not a unanimous jury, is required to sentence a person to death if convicted of capital murder.
Hawaii
In HawaiiHawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
a person is found guilty of first degree murder when they intentionally and knowingly cause the death of another person. The State of Hawaii has no death penalty. If they are found guilty, the maximum penalty is life imprisonment without parole.
Louisiana
LouisianaLouisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
states that homicide in the first degree is killing of a human being with intent. There are other specific guidelines like killing a police officer or firefighter is an automatic first degree charge or intent to kill more than one person is automatically a first degree charge. In the State of Louisiana you can receive life imprisonment without parole or the death penalty.
Michigan
In MichiganMichigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
a person is found guilty of first degree murder when murder is perpetrated by means of poison, lying in wait, or any other willful, deliberate, and premeditated killing. In Michigan, first degree murder carries an automatic life sentence without parole.
Nevada
In NevadaNevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
first degree murder is the unlawful killing of a human being with malice aforethought, either expressed or implied. If a serial killer is found guilty with an aggravating circumstances or any mitigating circumstances, for example killing someone with torture or killing a stranger with no apparent motive. In the State of Nevada, they can seek the death penalty in those circumstances or get life without parole.
Washington State
In the State of Washington a person is found guilty of first degree murder when there is a premeditated intent to cause the death of another person. Murder in the first degree is a class A felony in the state of Washington. If a person is convicted of first degree murder, he or she will receive a life sentence, If an aggravating circumstance exists in addition to first degree murder, the defendant can be charged with aggravated first-degree murder, which carries only two possible sentences: death or life without parole. Aggravating factors include the killing of a law enforcement officer, murder for hire, or murder committed during the course of kidnapping, rape, robbery, burglary, or arson, or multiple murders.Massachusetts
In Massachusetts, first degree degree is defined as murder with the premeditated intent to cause the death of another persons. The only possible sentence for first degree murder is life in prison without parole. Massachusetts does not have the death penalty.See also
- Federal Sentencing GuidelinesFederal Sentencing GuidelinesThe Federal Sentencing Guidelines are rules that set out a uniform sentencing policy for individuals and organizations convicted of felonies and serious misdemeanors in the United States federal courts system...
- Taylor v. United States
- United States Sentencing CommissionUnited States Sentencing CommissionThe United States Sentencing Commission is an independent agency of the judicial branch of the federal government of the United States. It is responsible for articulating the sentencing guidelines for the United States federal courts...
- United States v. BookerUnited States v. BookerUnited States v. Booker, , was a United States Supreme Court decision concerning criminal sentencing. The Court ruled that the Sixth Amendment right to jury trial requires that, other than a prior conviction, only facts admitted by a defendant or proved beyond a reasonable doubt to a jury may be...