Criminal sentencing in the United States

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 bargains, 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.^[1]

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 officer 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 laws. 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 murder 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.

Arizona

In Arizona 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.^[2]

Florida

In Florida 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.^[3][4]

Hawaii

In Hawaii 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.^[5]

Louisiana

Louisiana 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.^[6]

Michigan

In Michigan 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.^[7]

Nevada

In Nevada 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.^[8]

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.^[9] If a person is convicted of first degree murder, he or she will receive a life sentence,^[10] 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.^[11]

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 Guidelines
• Taylor v. United States
• United States Sentencing Commission
• United States v. Booker

References

1. ^ Bureau of Justice Statistics, Compendium of Federal Justice Statistics 70, 75 tbl. 5.3 (2003).
2. ^ "13-1105 - First degree murder; classification". Azleg.state.az.us. http://www.azleg.state.az.us/ars/13/01105.htm. Retrieved 2010-07-01. 
3. ^ >2009->Ch0782->Section%2004#0782.04 "The 2010 Florida Statutes". The Florida Senate. http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0782/SEC04.HTM&Title=->2009->Ch0782->Section%2004#0782.04. Retrieved 13 September 2010. 
4. ^ "Statutes & Constitution :View Statutes". flsenate.gov. http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0775/Sec082.HTM. Retrieved 2010-07-01. 
5. ^ "House Bill". Capitol.hawaii.gov. 1987-01-01. http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0707/HRS_0707-0701.htm. Retrieved 2010-07-01. 
6. ^ PART II. OFFENSES AGAINST THE PERSON. Louisiana Legislature. http://www.legis.state.la.us/lss/lss.asp?doc=78397. Retrieved 2010-07-01. 
7. ^ "Michigan Legislature - Section 750.316". Legislature.mi.gov. http://www.legislature.mi.gov/(S(5be25y30dl5h5l55bobz0c45))/mileg.aspx?page=getObject&objectName=mcl-750-316. Retrieved 2010-07-01. 
8. ^ "NRS: CHAPTER 200 - CRIMES AGAINST THE PERSON". Leg.state.nv.us. http://leg.state.nv.us/NRS/NRS-200.html#NRS200Sec010. Retrieved 2010-07-01. 
9. ^ "RCW 9A.32.030: Murder in the first degree". Apps.leg.wa.gov. http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.32.030. Retrieved 2010-07-01. 
10. ^ "RCW 9A.32.040: Murder in the first degree — Sentence". Apps.leg.wa.gov. http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.32.040. Retrieved 2010-07-01. 
11. ^ "RCW 10.95.020: Definition". Apps.leg.wa.gov. http://apps.leg.wa.gov/rcw/default.aspx?cite=10.95.020. Retrieved 2010-07-01.