Arkansas: What do judges look at to determine if someone deserves jail time with their sentence?

Answer 1

The Guidelines determine sentences based primarily on two factors: (1) the conduct associated with the offense (the offense conduct, which produces the "offense level"), and (2) the defendant's criminal history (the "criminal history category"). The Sentencing Table in the Guidelines Manual shows the relationship between these two factors; for each pairing of offense level and criminal history category, the Table specifies a sentencing range, in months, within which the court may sentence a defendant. For example, for a defendant convicted on an offense with a total offense level of 22 and a criminal history category of I, the Guidelines recommend a sentence of 41-51 months. If, however, a person with an extensive criminal history (Category VI) committed the same offense in the same manner, the Guidelines would recommend a sentence of 84-105 months.

The offense level listed on the vertical axis of the Sentencing Table is more accurately called the "total offense level." It is made up of the "base offense level," which is the starting point for a given statutory offense, plus or minus adjustments, which are set out either accompanying the particular offense section or as part of a general adjustment section, such as the adjustment for obstruction of justice in section 3C1.1

Answer 2

Judges also consider a number of mitigating factors during the sentencing phase of a trial. Mitigating factors can be just about anything but they all are basically reasons why you deserve a less severe penalty. For example, if you have children to take care of and you are a single parent. If you have a bright future and can be a good contributor in society. If you have respectable friends and references that can vouch for your good character and the unlikelihood of re-offending, etc.

Answer 3

Your past record. If you have one. Also if you are remorseful.