Sentence in the United States

A sanction or punishment imposed on a person convicted of a crime. Sentences fall into two broad categories, custodial and noncustodial. The former involves imprisonment for at least one year or confinement in a local detention facility for up to a year. Noncustodial sentences take such forms as fine, probation, community service, or restitution. Judges may impose combinations of these sentences. Probation is often accompanied by a fine or restitution. A noncustodial sentence may also be coupled with a custodial sentence. Some offenders, for example, commence a period of probation following completion of a term of detention. Sentences are imposed on those convicted of crimes for a variety of reasons, but sentences generally connect to one of four basic justifications. First, sentences can be seen as treatment that eventually rehabilitates the offender. The rehabilitation rationale is based on the assumption that criminal conduct has social or psychological causes and that certain kinds of programs can modify the offender’s behavior. Probation and the use of indeterminate sentencing are based on the rehabilitation theory. A second theory suggests that sentences are supposed to deter others from criminal conduct. The deterrence theory stems from the utilitarian notions of Jeremy Bentham, and it argues that people will be discouraged from engaging in crime if they observe others being punished for that conduct. In other words, people will behave because they wish to avoid the consequences associated with conviction. A third view is that sentences are to incapacitate offenders. Sentences take criminals off the streets and segregate them from society. Incapacitation is not so much punishment for past offenses but prevention of future crimes by con-fining those who have committed crimes before. Extending confinement for recidivists or repeat offenders in based on the incapacitation rationale. Finally, there is the punishment rationale. The idea is that the offender has earned the consequences with his or her criminal conduct. This justification is often called the retributive rationale. It embraces the idea of “pay back;” the victim and to some extent society at large have suffered from the offender’s crime, and the offender should be made to suffer as well. Capital punishment is a sentence often defended largely on retribution grounds.

Analysis and Relevance

Criminal sentences are imposed by judges. Sentencing options are set forth in statutes by legislatures. This is usually done by specifying a minimum and a maximum sentence for the offense. A judge is free to choose from within that range. Sentencing, at least for felony level offenses, occurs at a proceeding separate from that which establishes guilt. It follows a presentence investigation, which examines the specifics of the offense and relevant background characteristics of the defendant. A probation officer completes the investigation and submits a report to the sentencing judge. The report usually contains a recommendation on sentence, although the judge retains final authority on sentencing. Consistency of sentence has been one of the more troublesome criminal justice problems. A number of techniques have been developed to address the problem of sentence disparity. Among the more popular is the use of sentencing guidelines. While not mandatory, guidelines provide “suggested” sentences when various factors indicate offenses and offenders are similar. The guidelines are set out in a grid configuration with point values assigned for a number of variables. The idea is to require sentencing judges to consider comparable factors across cases and arrive at a sentence judgment in a more objective manner. The guidelines serve to limit judicial sentencing discretion, and tend to make sentences more uniform.

Notes and References

Definition of Sentence from the American Law Dictionary, 1991, California

Sentence Definition

A judgment or Judicial declaration made by a judge in a cause. The term judgment is more usually applied to civil, and sentence to criminal, proceedings. A sentence (in criminal proceedings) is the order of court made in the presence of the defendant, and entered of record, pronouncing the judgment, and ordering the same to be carried into execution in the manner prescribed by law. Clark, Crim. Law Tex. 580. Sentences are final, when they put an end to the case; or interlocutory, when they settle only some incidental matter which has arisen in the course of its progress. See Aso & M. Inst. bk. 3, tit. 8, c, 1.

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Legal Issue for Attorneys

A judgment or Judicial declaration made by a judge in a cause. The term judgment is more usually applied to civil, and sentence to criminal, proceedings. A sentence (in criminal proceedings) is the order of court made in the presence of the defendant, and entered of record, pronouncing the judgment, and ordering the same to be carried into execution in the manner prescribed by law. Clark, Crim. Law Tex. 580. Sentences are final, when they put an end to the case; or interlocutory, when they settle only some incidental matter which has arisen in the course of its progress. See Aso & M. Inst. bk. 3, tit. 8, c, 1.

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Notice

This definition of Sentence Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Plain-English Law

Sentence as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):

Punishment in a criminal case. A sentence can range from a fine and community service to life imprisonment or death.

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Sentence Definition in the context of the Federal Court System

The punishment ordered by a court for a defendant convicted of a crime.

SENTENCE