Sentencing
Sentencing is the final judgment a judge gives arising from the offence committed.It involves being fined, taken to prison, or any other punishments. The ruling is always melted against persons convicted of crime or found guilty. A person who is convicted of numerous crimes serves a consecutive sentence. This is whereby the number of years spent in jailed is the same as the addition of the total number of years to serve for all the total number of crimes commited.The second form of sentencing is whereby one serves the longest duration of a sentence, and this is concurrent sentence. In other circumstances a convict sentenceis reduced.this leads to mitigation of the sentence because now it becomes less harsh. Allegations of a case such as murder in rare situation become reduced to manslaughter. Other lawful systems can punish an offender past the crime committed..
The constitution sets guidelines on the variety of punishment to be melted out on the defendant according to the crime committed.It also controls punishment to be given to the various crimes commited.In many circumstances, prosecutors tend to manipulate the outcome of a court case,by choosing punishment to be given to the defendant. Ironically it has been noted that those in authority seem to loosen up when it comes to putting into place serious sentences .this is because they know that it is the prosecutors to be blamed when extreme punishment or light punishment is given out to defendantSentencing decree at times sometimes results in extreme punishment that result in much stiffer penalties when certain essential exist.
There are three types of sentencing, the first one being an indeterminate sentence. This is whereby the duration of time melted on a defendant on a crime committed is not defined. The term to be spent in prison is not specified as well as the date one is to be released rather than a time range is given. A minimum sentence which is much shorter is put in place and the defendant is supposed to spend in prison, a third of the least sentence given out .The date of the release is set by the board, that oversee the parole of those imprisoned and the guidelines to be adhered to when administering the parole .
The indeterminate sentence has got something advantages in that, when an offender is imprisoned for a long time it is easier to undertake programs allowed by the prison . These include management of their anger, rehabilitation to those affected by drug, their psychological health and other issues affecting them. Secondly the defendant is isolated from the community which views them as a danger, makingthe offender to get encouraged to change in onorder to fit back in the society.One is also able to complete the courses offered to rehabilitate him leading to the defendant being released earlier. The drawback of this is some of them still become criminals and refuse to change after being behind bars for a long time.
The second sentence is determinate, and this is where by the period of term to be spent in jail is fixed. Itconsists of guidelines on sentencing, as well as specifying the minimum term to be served in jail. An advantage is that it makes it easier for the judge to know the sentence to be served by the offender hence doing away with manipulation.Another reasonis, theterm to be served in jail is short resulting in the levels of tension decreasing in prisons. Lastlydisadvantages of the determinate mode of sentencing are shorter prison sentences, reduced tension in prison, and restricted lenience in the courts.
Lastly the third sentence is mandatory sentence whereby, parliament puts in place a preset fine which acts as a fee for a criminal offence. Majority of persons agree with this kind of sentencing because it is seen as democratic. This is because before the guidelines are introduced they have to be discussed in parliament. It has led to prevention of crimes in that it discourages who are known from going on with their criminal activities. It has led to prevention of criminal activities by the known defendants by discouraging them from criminal activities. When defendants are released, itprevents them to engage in criminal ways it is also an expensive way to use in the fight against crime. This is because it leads to increased higherexpenses in the law courts.
Sentencing has helped a great deal in reduction and prevention of criminal activities. All the three different types of sentencing has contributed largely in different ways in the fight against criminal activities. The offenders have ended up changing and becoming better people in the community. This is because these institutionshave set up rehabilitation centers which indeed have helped them great deal. Lastly the courses offered in the prison facilities have helped to make living, after they are released making it easier for them to earn a living. Regardless of the conditions being tough at times in the prison facilities the advantages are more than the disadvantages hence sentencing should be supported.
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