Criminal Sentencing comes into form after an individual is found guilty of a crime, whether through a jury verdict, guilty plea, or plea bargain. The legally suitable sentence is decided at the sentencing stage by the sentencing judge handling the case. Various categories of punishment may be imposed concurrently or singly on a criminal depending on the nature and harshness of the crime committed. Interview During the interview phase, the three persons that I randomly selected answered harsh, too lax, and just right respectively with regard to the criminal sentencing in the United States.
It is therefore calculated that the opinion of each respondent covers approximately 33. 33 percent of the survey. Examination Based on the information examined on various sources, it revealed that the criminal sentencing in the United States is just right. This is due to the fact that severities of punishments are individually enumerated in constitution, statutes and other special laws. Further, the severities of punishments that are being imposed by the justice system to those found guilty are within the limitation as well fitting and properly correspond to the cruelty of each of the specific crime recognized by law.
For example, a statute may read, “Violation of this statute constitutes a misdemeanor, punishable by an imprisonment not to exceed 30 days or a fine not exceeding $500, or both. ” Granted this variety of potential punishment, a judge before deciding the penalty as a rule weigh possibilities of certain “aggravating” or “mitigating” circumstances in order to determine where along the recommended scale of remedies the specified criminal’s punishment should fall (Hinkle, Jachimowiez, Pointer and Emmanuel, 2008, n.p. ).
Additionally, under Federal Rule of Criminal Procedure 32(a), before imposing a sentence, the court must afford counsel an occasion to speak on behalf of the defendant. The court will address the defendant personally and ask him if he desires to make a testimony in his own behalf and to provide any information in mitigation of punishment. The attorney for the government will have a corresponding chance to speak to the court. Similar provisions are contained in most State procedural statutes and rules.
In many State courts, a victim or the survivors of a victim may as well have an opportunity to address the court and recommend leniency or strictness for the sentence. (Hinkle, Jachimowiez, Pointer and Emmanuel, 2008, n. p. ). Conclusion Clearly, the criminal sentencing in the United States is appropriately implemented as each crime is properly and specifically guided with detailed penalty that further allows suitable mitigating and aggravating circumstances, as the case may be.
Moreover, no matter how lenient or strict the punishment is, each party to the crime is given the right to a due process. Finally, no accused person is permitted to be convicted for the crime charged without proving his or her guilt beyond reasonable doubt, and if found guilty, not to be sentenced beyond or less than the penalty’s range as appropriately imposed by the law. Reference Hinkle, Jachimowiez, Pointer and Emmanuel. (2008). Stages of a Criminal Case: Sentencing. Find Law. Retrieved September 8, 2008, from http://criminal. findlaw. com/crimes/criminal_stages/stages-sentencing/