It is actually the judge, and not the jury who determines the punishments
for a crime committed. However, in cases that result in capital punishment,
the jury can decide if they will recommend life imprisonment or death penalty).
According to the Eight Amendment, it is stated that in a criminal case,
excessive fines, unreasonable punishments and unusual penalties be not
imposed. Hence, the constitution has provided standards on how federal
courts determine sentences. On the other hand, state laws govern state
Most crimes are detailed in statutes or constitutions, as well as the provision
that identifies the actual crime and the appropriate punishment for it.
As an example, one statute may say “The violation of this statute
will constitute a misdemeanor, which is punishable by a fine that will
not exceed $600 or imprisonment that will not exceed 45 days, or both.”
With this range of penalties, the judge will then look at the other mitigating
or aggravating circumstances in order to determine where in the spectrum
will the crime’s punishment be.
Here are some of the considerations taken by judges when determining sentences:
- If the defendant is a repeat or first time offender
- If the defendant was the main offender, or was only an accessory to the crime
- If the defendant commit the crime under duress or great personal stress
- If anyone else was hurt, and if the crime was done in a way that will likely
not result in anyone else being hurt
- If the defendant had been cruel to the victim, or had been vindictive,
- If the defendant is remorseful and contrite
Under the Federal Rule of Criminal Procedure, the court must afford the
defendant’s counsel an opportunity to speak. The court will personally
address the defendant and ask if he or she wants to make a statement on
his or her own behalf, in order to present any information to try and
mitigate the punishment. The government’s attorney will also have
an equal opportunity to address the court. The same provisions are written
in most state procedural rules and statues. Furthermore, there are state
courts in which it is the decedent’s survivors – often the
family, who will have the opportunity to address the court and be able
to make recommendations in making the sentence more lenient or strict.
Criminal defense is one of the most challenging tasks to perform, as the duty to prove
one’s innocence takes skill and competence that only an experienced
lawyer can provide. The experienced legal experts of The Kyle Law Firm
can help you or your loved one defend your case. Call us today to schedule
an appointment, and we will review your case to ensure that your innocence
prevails until the end.
It is a known notion that
criminal defense lawyers are rather expensive. However, The Kyle Law Firm is a firm believer
in compassion and competence, and we are here for you every step of the
way. Do not risk your case – make sure that you make the right choice
the first time by contacting The Kyle Law Firm.