If so, how often does that happen?
2006-12-28 04:21:15 · 18 answers · asked by S D 1 in Politics & Government ➔ Law Enforcement & Police
In the US, the judge is given the option of sentencing based on the case, the person, the crime, and the wishes of the prosecuter. Guidelines are just that, guidelines. Not requirements. The judge can do as (s)he pleases. Happens all the time.
2006-12-28 04:24:24 · answer #1 · answered by Blunt Honesty 7 · 3⤊ 0⤋
A judge can basically put whatever sentence he/she wants. Maybe that person had no prior convictions and it also depends on the charge. Misdemeanor charges aren't very serious and in Texas you can be sentenced up to a year. But you said "prison" which means it is probably a felony charge (misdemeanor charges are jail time). The judge probably saw remorse and maybe gave the person a second chance.
2006-12-28 08:33:28 · answer #2 · answered by Amy 4 · 0⤊ 0⤋
Judges have strange powers. Usually they can sentence a person to probation, as long as the sentence falls within and does not exceed the maximum guidelines established in sentencing for the particular crime.
2006-12-28 04:32:18 · answer #3 · answered by Beau R 7 · 1⤊ 0⤋
if the judge feels probation is punishment enough then that's it. 75% of time, person on probation will violate it, and end up in prison. most times it is on the 1st offense that probation is given. i think if the offense is not real bad, and no one was harmed, and person isn't really a bad person, there is nothing wrong with a few years of probation, it gives them a chance to turn themselves around, and learn from mistakes, and remain productive.
2006-12-28 04:31:03 · answer #4 · answered by waljac6108 5 · 1⤊ 0⤋
Sentencing guidelines are just that, guidelines. A judge can sentence anyone to probation, it happens all the time.
2006-12-28 04:24:12 · answer #5 · answered by Anonymous · 2⤊ 0⤋
Well, yes, if they're just guidelines and not mandatory. It rarely happens, and if it does the prosecutor will appeal it to get prison time applied. He doesn't want to spend his budget prosecuting someone to watch them walk out of court with less time than the deal he probably offered them right off the bat.
2006-12-28 05:40:33 · answer #6 · answered by Anonymous · 0⤊ 0⤋
yes - happens often. unless they are mandated to put you in prison by statue, then they can make any determination that is applicable. Guidelines are just that - usually made by the presiding judge. They are not law.
2006-12-28 05:30:56 · answer #7 · answered by Wazoo 2 · 0⤊ 0⤋
It depends on the severity of the crime. There are sentences which a judge is suppose to render in a mandatory fashion.
2006-12-28 07:42:14 · answer #8 · answered by WC 7 · 0⤊ 0⤋
Yes it happens all the time but it usually for little petty things that real jail time isn't needed nor to waste more of mine and your money on some one who got caught with a little pot believe me then send the people to jail who need to go unless they have a lot of money....O.J. Go Bills we will be in the playoffs next year watch out
2006-12-28 05:01:20 · answer #9 · answered by Lab Runner 5 · 0⤊ 0⤋
yes. he is free pretty much to sentence a person to a sufficient but not greater than necessary punishment which takes into account the person's mental health, need for restitution, degree of remorse, etc. its called a Downward Departure and is usually discussed in your state's Rules for Criminal Procedure
2006-12-28 04:25:16 · answer #10 · answered by izaboe 5 · 3⤊ 0⤋