how dose the judge determine your prison term.?

Question

what do they look at and are they bounded by guidlines .thanks

Answer 1

Each state adopts their own sentencing guidelines. They are supposed to keep the sentencing on an even level. For each charge they will have a minimum, maximum, and presumptive sentence.

Sentences can be increased by "aggravating circumstances". This means there was a negative action that should increase the sentence. One example would be using a gun. If you are already on bond or probation and you commit another felony that usually increases the sentence also.

"Mitigating circumstances" are events that are in your favor which may reduce the sentence. An example may be that you are the only income provider in a large family with no prior history. This information would generally help you.

For more information check the laws in your state. Most states, however, are similar and you might check the link i've listed.

Answer 2

It depends on the crime and your past criminal history. First offenses are usually given probation and fines. Multiple offenses are given prison sentences determined by government statutes. For some criminals the judge will consider how and what a person does in society, like if their a good citizen or a menace. If they are good the judge will allow a parole hearing after 1 year to see if the person has learned a lesson. If the person is a menace the judge will make the person wait a long time for a parole hearing or just sentence them to 10 plus years.

Answer 3

When the elements of the law are defined, so is a term of punishment. It is based on a formula. It is a scale such as so and so can be imprisoned anywhere for 10-15 to 20-25. Based on the circumstances, the judge determines the severity of the punishment. For example, if a person burglarized a property for the second time, then the maximum penalty can be enforced.

Answer 4

The first question to answer is: federal or state charges. The second question is: if it's state, which state?

The Federal sentencing guidelines are passed by Congress. Each state has its own criminal code, which may have penalties for a specific crime in the law, or may have a broader sentencing guideline. In most states, the judges have far more discretion as to any deviation from the guidelines.

In federal court, the guidelines are followed in almost all cases, and contain a set of factors that are used in calculating the sentence, focusing primarily on the degree of the crime, the amount of monetary loss (if applicable), the amount of violence, whether a weapon was used, etc., as well as criminal history.

Answer 5

a) the statutes of criminal law determine the basic range of penalties applicable for a given offences. Those can be modified by mitigating or aggravating circumstances.

b) The jurisdiction operating will have additional guidelines to apply for fine tuning.

c) Applicable Precedent might give further directives.

d) The judge's own appreciation of the case, within legal limits, and which must be duly motivated if he wants to stray away from common guidelines and precedent, is the ultima ration for fixing the sentence.

Answer 6

There are some laws regarding sentencing.

Recomendations made by the attorney representing the people.

Plea agreements (although these can be avoided by some judges).

The Judges mood (they have a lot of laittitude sometimes).

One of the most astounding cases was against Dr. Morgan who hide her child from her ex-husband (father of the child) and refused to disclose the location. The Judge found her in contempt and sentenced her to stay in jail until such a time when she disclosed the location. She remained in jail for close to 4 years before Government took action and passed a law limiting such sentences.

Answer 7

The Law normally
as stated is usually the basis for sentencing.
But; their feeling's Do
come into play, they are Human,
"the human element is present"
then of course the Prosecution/defense weigh-in with there stuff.
The letter of the Law. normally

Answer 8

yes they have guidelines, law book, depends on your case, how serious it is.

Answer 9

precedent