After a defendant is found guilty there is the sentencing and appeal phase of the process. Most attorneys will file an appeal on behalf of the defendant if there is an appealable issue. Sometimes the judge is granted a lot of discussion in determining a defendant’s sentence. Other times, the judge’s hands are tied based on the mandatory minimum sentencing laws.
This discussion asks you to examine the sentencing and appeal phase of the criminal process.
Please thoroughly discuss each of the following:
Are judges given too much discretion when it comes to sentencing? What are some of the factors a judge looks at when determining an appropriate sentence? Do you believe the time fit the crime or should the time fit the offender? Discuss some of the different types of a sentence a judge may order.
What is the difference between a determinate and indeterminate sentence? Discuss the advantages and disadvantages of each.
Do you think mandatory minimum sentences serve any real purpose? Do these types of sentences deter offenders?