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How does Criminal Sentencing Work?
As the old saying goes, “If you can’t do the time, don’t do the crime.” Everyone knows that punishment will follow a criminal conviction. This punishment can include probation, a fine, jail time, or even the death penalty. However, how is the criminal sentence decided?
First, criminal sentences are almost always passed by judges. Juries rarely take part in deciding punishment. One exception involves the death penalty – in several states, the judge cannot impose capital punishment unless the jury recommends it instead of life in prison.
Some criminal laws include the punishment to be imposed for breaking it. Also, the federal government and several states have passed sentencing guidelines, which provide a recommended range of jail time and/or fines for each crime. While these guidelines are optional, many judges follow them closely.
Finally, judges will use a number of factors to help them determine the sentence. These factors can increase the punishment, such as when the crime was particularly cruel. However, they can also lead the judge to pass a lesser sentence, such as when the defendant has little or no criminal history.
If you have questions about the likely punishment for a crime, you should consult with a criminal lawyer. An experienced defense attorney should be able to make a fairly accurate prediction about the sentence for a crime.
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