14.1: Overview, Objectives, and Key Terms
Overview
In this final module, we review the sentencing and appeals process of the criminal court process. Sentencing is a complex process that defines the application of sentencing principles depending on the offense and specific circumstances of the crime and offender. The latitude that a judge has in imposing sentences can vary widely from state to state. This is because state legislatures often set the minimum and maximum punishments for particular crimes in criminal statutes. The law also specifies alternatives to incarceration that a judge may use to tailor a sentence to an individual offender. The appeals process is a very important component of the criminal justice process. An appeal is a claim that some procedural or legal error was made in the prior handling of the case. It does not evaluate the weight of evidence or guilt/innocence. The focus is on legal errors. This is an important concept to understand.
- Explain the factors that influence the sentencing recommendation (aggravating & mitigating circumstances, victim impact statement).
- Identify the difference between consecutive and concurrent sentencing.
- Explain the various sentences that can be imposed.
- Identify how mandatory minimum sentences and sentencing guidelines have affected sentencing.
- Explain the appeals process, the standards of review, and appellate decisions.
Key Terms
appeal, concurrent sentence, consecutive sentence, day fine, electronic monitoring, intensive supervision probation (ISP), community service, home supervision/house arrest boot camps, asset forfeiture, death penalty, probation, post-release community supervision (California), mandatory supervision (California) Scarlet-Letter Punishments ,Sentencing Reform Act of 1984, determinate sentencing, indeterminate sentencing, good time, presentence investigation report, Proportionality Doctrine, mandatory minimum sentencing.