Is sentencing a matter of judicial discretion?
The policy of criminal law is to fix a maximum penalty regardless of the nature of the crime, leaving a wide discretion in the matter of the punishment to the judge. This is the primary reason for advocating a sentencing policy or guidelines.
Which statement is true about rising incarceration rates and lengths of incarceration since the mid 1990s?
Which of the following is true about rising incarceration rates and lengths of incarceration since the mid-1990s? Rising incarceration rates have imposed significant financial burdens on state and federal governments.
How is sentencing decided in court?
The Ministry of Justice said: “Sentencing is entirely a matter for the courts, where decisions are taken by independent magistrates and judges based on the individual circumstances of each case.
Can a judge follow a pre-sentence report?
The judge is not bound to follow any recommended sentence in the pre-sentence report, but if the judge reaches the view that a community order is the correct sentence in a particular case, then often the judge will follow the recommendations for any particular additional requirements (such as suggested programmes and treatment requirements)
Can the prosecution request a specific sentence for a defendant?
The prosecution do not request specific sentences for a defendant. This means that it is no part of the job of the prosecution to tell the judge what sentence to impose, e.g that it should be a custodial sentence and, if so, for how long.
Do US states use consecutive sentences to scare defendants into pleading guilty?
One US state’s enthusiasm for consecutive sentences is currently being challenged in court. A Vermont sex offender is arguing that prosecutors exploit the prospect of lengthy sentences to scare defendants into pleading guilty.