Criminal Sentencing in The United States

Criminal Sentencing In The United States

In the United States, sentencing law varies by jurisdiction. Since the US Constitution is the supreme law of the land, this necessarily means that all sentences in the United States must conform to the requirements of the US Constitution, which sets basic requirements while leaving the bulk of policy making up to the states.

Despite the continued growth of federal criminal law, the vast majority of criminal sentencing takes place in state and local courts. Except for death penalty cases (which are exceptionally rare), juries have little involvement in sentencing, which is typically left to the discretion of the presiding judge. Sentences are typically pronounced by the judge in a separate hearing, after the jury (or other finder of fact) has issued findings of fact and a guilty verdict. The structure and jurisdiction of courts within a state are typically governed by the state law, and the types of sentences that may be imposed are likewise governed almost entirely by state law. The procedures followed for sentencing must conform with US constitutional requirements, but are mainly controlled by state law. There is enormous substantive and procedural difference between the criminal laws of the fifty states and the various federal territories and enclaves.

What this means is that each state is very different from every other state. For example:

• Actions which might constitute a crime in one state would not necessarily constitute a crime in another state or they might constitute a crime of a different severity. A 15 year old and a 17 year old having consensual sexual intercourse might constitute a crime in one state but not another. A person possessing certain types of firearms, drugs or exotic animals might be committing serious crimes in some states but not others. A burglary might be completed only upon entry into a locked house in one state, but upon entry into an attached carport in another.
• States have different schemes for dividing up crimes by severity and these categories might have similar names across states, but different practical effects. For example, a "2nd degree felony" in Florida is a category of crime punishable by up to 15 years in prison with no minimum while a "2nd degree felony" in Texas is a category of crime punishable by up to 20 years in prison, with a mandatory minimum of 2 years incarceration.
• Many states have adopted sentencing guidelines which incorporate various factors into a single formula that may or may not constrain the judge's sentencing discretion. The general purpose of these schemes is to produce uniform and fair sentencing within a jurisdiction. However, since views about the correct approach to criminal justice vary from state to state, these statutory schemes vary enormously as well.
• Many states have mandatory sentencing statutes as well, that remove the judge's discretion under certain circumstances. Mandatory sentencing schemes typically require minimum periods of incarceration for certain serious crimes and for individuals who have serious criminal records. The state typically has discretion to pursue or waive mandatory sentencing. The content of these mandatory sentencing statutes and the procedures required to bring them into play are different in each state.
• Some states have the concept of "parole" or early release from incarceration while others do not. Many states have forms of punishment that are less severe than incarceration in prison (such as probation, community control, community service or house arrest), but the exact form of these punishments varies from state to state. Similarly, the circumstances under which people can be sentenced to such alternative sentences vary from state to state.

Some prisoners are given life sentences. In some states, a life sentence means life, without the possibility of parole. In other states, people with life sentences are eligible for parole. In some cases the death penalty may be applicable, however, since the U.S. Supreme Court decision in Ring v. Arizona, a recommendation of the trial jury is required to impose a sentence of death.

The U.S. Sentencing Guidelines prescribe a discount of about one-third for most defendants who accept responsibility and plead guilty; further discounts are available to some defendants through fact bargaining, substantial assistance, and so on. Federal court statistics from 2003 show that the average sentence given for offenses resolved by guilty plea was 54.7 months, while the average sentence for offenses resolved by trial was 153.7 months.