What are 5 variables evaluated by judicial authorities to sentence offenders?
Judicial authorities must consider each individual criminal case based on the facts of the crime when determining the type and length of punishment. Included in the facts are variety of variables that must be evaluated. The judge will consider whether the defendant is a first time criminal offender or a repeat offender. The judge will also consider the role the defendant played in the crime. The motives behind the offense may also be considered, as well as the extent of injuries suffered by the victim. Additionally, the judge will consider whether the defendant is remorseful about the crime committed. These five factors include a couple very important factors, a least important factor as well as a factor that should not be considered in sentencing.
Which variable do you feel is the most important for correctly sentencing offenders? Explain.
I feel that the most important variable the judge should consider to correctly sentence the offender is whether this was the first crime the offender committed. If it is the first time the offender was convicted of a crime, the punishment should not be as severe as an offender who has been convicted in the past. I do not believe the type of crime previously committed should have any value but simply whether or not a previous crime was committed. If the defendant is a repeat offender, the sentence should be more severe than for an offender being sentenced for a first time.
Which variable do you feel is the least important for correctly sentencing offenders? Explain.
I feel that the least important variable for the judge to consider to correctly sentence an offender is motive. In my opinion, a crime has occurred no matter what the motive. I think the reason a person has committed the crime is less important than the other four factors discussed above. The impact on the victim, the role the offender played in the crime and whether the offender had prior convictions is much more relevant in sentencing because these variables take into account the effects of the crime rather the cause. Effects are more substantial than cause in my opinion in considering a sentence.
Are there any variables that you do not feel should be used when sentencing offenders? Why or why not?
I do not think that the degree of remorsefulness of the offender should be considered in sentencing an offender. I think that typically, an offender who is caught, charged and convicted for a crime will have remorse. If not remorse for the victim, he or she will exhibit remorse for being caught. Thus, remorsefulness can be misleading. Additionally, judges have not consistently determined remorsefulness in sentencing because it is ambiguous. For these reasons, remorsefulness should not be used as a variable in determining a sentence for the offender.
References
Factors Considered in Determining Sentences. (2016). Retrieved from Findlaw: http://criminal.findlaw.com/criminal-procedure/factors-considered-in-determining-sentences.html
Ward, B. H. (n.d.). Sentencing Without Remorse. Loyola University Chicago Law Journal, 38.
