Prison Sentences?

Question

Is there a hard & fast sentence for various crimes as I am continually amazed by the amount of people who go through lengthy & no doubt costly (to the rest of us) trials for such serious crimes as murder, drug dealing, firearms offences, rape etc and get handed a sentence & then a short time later are allowed to appeal & often get the term reduced on the grounds of the original sentence being too long or harsh! The police must be so frustrated to spend countless weeks & months getting someone to court / sentenced only to find later that what was a good sentence gets reduced.This sends out totally wrong message to those involved & the sentence handed down should be what it is & extended if more crimes come to light...... any thoughts?

Answer 1

I am actually taking Sentancing policy in my final year of my law degree here in london.

The first issue as already stated is the lack of resources. it was said last week from the home office that there are only 69 prison places left in the UK for serious offences. Thats shockingly bad. the reason for this dates back to some of the previous Criminal Justice Acts, namely 1991 and 1993. These introduced a three strikes and your out rule, similiar to the USA. The problem was, although this was a system driven by the policy of reducing crime, people were reciving mandatory life sentances for shoplifting as a third offence and thus using up our prison resourse.

The system has now gladdly changed, maily due to the hailiday report, which suggest a system based on "just desserts" (and eye for an eye, etc) However, even this doesnt work due to the judges refusing to give up their law making and interprative powers.

What the main problem is, is that most people do not understand the current sentacning rules. As the question above states, prisoners being let our early for good behaviour seems to happen all of the time. however, this is actually part of our system, it's called custody plus. For example, if a judge sentances a criminal (for example for s.20 GBH) then the judge may award a 4 year custodial sentance. However, what this actually means is that a maximum of half this sentance will be spent in prison, with the other half of the sentance being a community order, whether it be community service or supervised visits to a rehabilitation centre. However, the general public view this as criminals being let out early, where as those in the knowledge actually know this is just how our sentancing and penal policy works. I think the public should be made more aware of our countries current sentancing policy.

So many different approaches have been tried in the past. The CJA 1991 instructed judges not to consider previous convictions, but they just ignored it. then the 1993 act allowed the consideration of previous convictions, then the Criminal Courts(sentancing powers) act 2000 tried to introduce madatory sentances for specific offences, but again, this didnt work as it struggles with agravating and mitigating factors. We are now currently working under the CJA 2003 but even this has its critisisms.

The USA have developed a range of sentancing systems, my favourite being matrix systems (only a few are successful though) Basically, every single offence is divided up into catergories and sub catergories, with each being given a score. there are also scores attached to mitigating and agravating circumstance (either adding or subtracting from the total) In the end, the judge adds up the total score and then issues the corresponding sentance for that score (using a wall chart or something....maybe not). It takes a lot of work to get right, and requies resources, but persoanlly, i think this is the way forward!

Answer 2

Yes, i have an opinion on this issue. What many people do not realize in the criminal justice system, Police included. Is that prosecutors over charge everyone in every criminal case that comes before the courts.

For each charge the state will receive from the federal government a certain Dollar Amount for example in my state.

There are 3 levels at the misdemeanor level A, B, C class

For A the state gets 2500.00
For B the state gets 1850.00
For C the state gets 1250.00

In felony cases for each charge this is what is paid to the state by the feds.

1st degree 25,000.00
2nd degree 20,000.00
3ed degree 10,000.00

So when see a person charged with multiple crimes think of how much the state/county is getting for just the charges listed on paper.

92% of all cases are plea bargained and thus, the expenditures to prosecute are minimal.
But the state and counties still rake in all the cash from the original charging documents.

So when the case is plea bargained the time is usually reduced. In those cases where an appeal obtains a reduced sentence, it's usually because the defendant was over charged criminally or circumstances of the crime didn't warrant the more serious sentence.

If every person who was sentenced to prison/jail and had to serve the full sentence. The Federal and State Governments would be spending 100% of their budgets on just housing these criminals.

The end result would be, no road construction or maintenance, no services period to the public.

Thank God we have a probation and parole system that enables people to be released from custody. Society is out of control with the punishment phase. If society had their way people would be locked away for life. We'd have half a population in prison and the other half would be working in support services for the prison and law enforcement.

Answer 3

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Answer 4

Most states have established sentencing guidelines that set a minimum and maximum sentence for different classes of crimes. The judge can sentence within the guidelines as s/he sees fit. If s/he wishes to go outside the guidelines to higher, the evidence of "aggravating circumstances" has to be presented to a jury and found beyond a reasonable doubt. Convicted criminals rarely get their sentences reduced on the crimes you are talking about due to being "too harsh." If you could give an example, I might be able to explain what really went on.

Answer 5

It stinks!!!

The law is wrong sometimes, not just the judges. A man killed my brother recently in a hit and run. He gave himself up after 2 days (once the alcohol was out of his system - admitted by himself). Because he eventually gave himself up, his (maximum 6 months) sentence was halved. He was given 18 weeks, but will probably be out in less than 9 for 'good behaviour'. How ridiculous!!!

The Judge, to be fair, was gutted he could not give this low-life more time behind bars.

I just hope he's being some big mans little helper - if you know what I mean!!!

Answer 6

To 'jurydoc'. I think this question is British. There has been a spate of high profile cases recently which has culminated in the offenders being given derisory sentences because of guidelines from the Home Secretary, John Reid. These state, that, because of the lack of prison places in Britain, offenders should given community services orders (free labour to local councils) instead of custodial sentences, except in 'extreme cases'.

Answer 7

The question apart, poor "emma" I really do sympathise with you, to lose your loved ones to some idiot, who's probably driving illegally, ie, under the influance, too fast etc, it really is time that the courts treat these as assaults with a deadly weapon, and sentence accordingly. back to the question, the Judges hands are tied by this labour governments inability to provide the necessary prison places to house those that it has helped to create by its lack of moral fibre. Today, tony blair states as one of his finest accomplishments, Gay equallity, well done ******.

Answer 8

The judiciary apply the laws they are given by parliament and the occupants of seats are put there by the electorate. Therefore if it's wrong, it's our fault. Also, justice precludes revenge. What is uncomfortable to see is the effect of punishing irresponsibility as mere irresponsibility no matter how catastrophic its consequences.

Answer 9

It is frustrating to the police. Especially when the cretin is a child molester or rapist. The only way to stop it is to term limit judges and vote out the bad ones. Judges who legislate from the bench have got to go.

Answer 10

In Dec last year, the persOn who killed my daughter, her fiance and their best friend in a car crash appeared in court, he recieved a £2,000 fine, banned from driving for three years and ordered to re-sit his driving test but he recieved NOTHING for killing the three kids, even though he admitted FULL responsibility. now, WHERE IS THE JUSTICE IN THAT !!!! i ASK ?