Sentencing
Learn about the various kinds of punishment, and what determines which one a defendant receives.
There's a lot that goes into a criminal sentence. Among the relevant players are legislators, judges, prosecutors, and probation officers. Below you'll find information about the various sentencing options, and what each involves. Plus, you'll learn how judges make sentencing decisions.
Get Informed Articles & Information
Jail? Fines? Community Service?
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Read about central sentencing principles.
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Aggravating and Mitigating Circumstances
Learn about the factors that can increase and decrease punishment. -
Additional Sentencing Considerations
Look here for nuanced information on sentencing.
Sentencing hearings can be quick ("Time served!") or detailed affairs involving testimony from victims and a presentence (probation) report.
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At your sentencing hearing, the judge will review the pre-sentence report (prepared by the probation office) and hear arguments from both the prosecutor and the defense attorney--and sometimes, the victim.
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Your Presentence Report and How to Improve It
The presentence report gives you a chance to show the sentencing judge why a lesser sentence is merited in your case.
Diversion and first-offender programs allow you to avoid a trial and possible conviction.
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Diversion and first-offender programs give some defendants a way to manage the charges against them without going to trial or pleading guilty.
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Those who haven’t been in too much trouble with the law but are facing charges may be able to avoid conviction.
Probation is a deal with the court: Obey these rules, stay out of jail.
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Probation keeps you under the supervision of the court while you stay out of trouble and obey other directions.
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Probationers are typically subject to warrantless searches without probable cause.
Judges often have many options when sentencing convicted defendants.
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Sentencing Alternatives: Prison, Probation, Fines, and Community Service
Prison sentences and alternatives to prison for defendants convicted of crimes. -
Why Judges Order Defendants to Jail or Prison
Reasons to send a convicted defendant to jail are varied--and contradictory.
Learn all about conditional release from prison.
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It's early release, but with strings attached.
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Can victims affect parole decisions?
Victims have rights.
Three strikes laws trigger stiff sentences for offenders with specific kinds of previous convictions.
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Third strike offenses involve severe sentences, sometimes even if the crimes are relatively minor.
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What is a "serious" or "violent" felony?
These aren't arbitrary classifications.
