Officer Jim Brown reported earlier in the evening...?

Question

Officer Jim Brown reported that earlier in the evening during which the theft took place, he had seen John near the laboratory behaving in a suspicious manner. He also asserted that later that same evening, he had seen John running away from the laboratory. John subsequently was arrested and brought to court. After a short trial, a jury found him guilty. John could face up to five years in prison.
Should the judge sentence John to prison for the maximum term?
why? or Why not?

Answer 1

Judges base their decisions on many facts which could include prior record probation report etc.

For hard time they normally wait for the reports.

Answer 2

yes, the maximum. his name sounds black.