Factors Judge Considers During Sentencing

Judges determine the punishments for a crime. (Capital punishment cases the jury will decide life in prison or death). The 8th amendment to the U.S. Constitution states that “excessive bail shall not be required, nor excessive fines imposed nor cruel and unusual punishments inflicted.”

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Once a person has been found guilty in the court of law or pleads guilty, sentencing will be the next step. A judge will need to review relevant information and consider many factors. The mandatory minimum along with social factors, severity of crime and victim statements all play a part in the sentencing.

Additionally, the crime must fit the punishment. A Judge will consider the punishment and then consider “aggravating” or “mitigating” circumstances. A few of these factors considered include:

  • First time or repeat offender
  • Main offender or accessory
  • If anyone was hurt or if crime was unlikely to hurt anyone
  • If crime was committed under stress
  • If offender was very cruel
  • If offender is remorseful

Provisions state that the court must give counsel an opportunity to speak on behalf of the defendant. Defendant will be allowed to prevent any information or make a statement on his own behalf. In many states, a victim or victims family may also be given the opportunity to address the court and recommend leniency or strictness.

If you need help and want to know more about the sentencing laws in Washington State, contact Charles A Johnston law.

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