While criminal law judges may have one thing in mind when imposing a criminal sentence, judges do not have the unfettered ability to impose criminal sentences. Judges are not even the only player who has a say in what criminal sentences are allowed. This article considers these other actors who play a role in criminal sentencing and other factors that impact criminal sentences.

Criminal Sentencing: The Traditional Sentencing System

The traditional criminal sentencing system is best described by the individuals and groups who are involved in the system. These individuals and groups include legislatures, prosecutors, judges, and parole or correctional authorities.

Crimes are a statutory affair. Only actions described in a criminal statute can subject a person to criminal punishment. State and federal legislatures have the power to enact criminal statutes. The legislature also has the power to set the range of criminal sentences legally authorized for particular criminal charges.

Criminal prosecutors also pay a role in criminal sentencing. The prosecutor has the authority to determine the specific offenses charged, thus selecting the range of sentences available. The prosecutor also has the ability to recommend criminal sentences to the courts. In addition, prosecutors have the ability to propose plea bargains.

As previously described, the judge has the power to select a sentence after the defendant has been found guilty. The criminal sentences is typically selected from a range of criminal sentences made available by the state or federal legislature.

Parole and correctional authorities also have a say in criminal sentences. In most states, the parole or correctional authorities have the power to modify judicial sentences to a considerable degree. This is especially true when the judge has sentenced the criminal defendant to a sentence that is a specified range of time.

Determinate Sentence: An Alternative System

Many jurisdictions have replaced discretionary criminal sentencing systems with some form of determinate sentencing. Determinate sentencing systems reduce or eliminate the possibility of release on parole and the range of sentences authorized after conviction is greatly narrowed by statutory categories or by guidelines promulgated by an administrative agency. The federal sentencing guidelines provide a good example.

The federal sentencing guidelines allow the judge to consider several factors when selecting a criminal sentence. These factors include:

1. the nature and circumstances of the offense and history and characteristics of the defendant and
2. the need for the sentence to be imposed.

The need for the sentence to be imposed brings in several additional factors. These additional factors:

1. reflect the seriousness of the offense, promote respect for the law, and provide just punishment for the offense;
2. afford adequate deterrence to criminal conduct;
3. protect the public from further crimes of the defendant; and
4. provide the defendant with needed education or vocational training, medical care, or other correctional treatment in the most effective manner.

These factors allow the court to select a range from a pre-determined range of sentences. The court can then impose sentences within the range. The court can deviate from these ranges in some circumstances, such as if it finds that there exists an aggravating or mitigating circumstances of a kind, or to a degree, not adequately taken into consideration by the guidelines.

Criminal sentences can vary greatly even with sentencing guidelines. This is one reason why many criminal defendants agree to accept plea bargains in lieu of waiting to find out what sentence the judge may hand down. This presents a good opportunity to consider plea bargaining. Let’s take a closer look at plea bargaining and the motivations behind plea bargaining.