What is the sentencing process after conviction?
A few months after the defendant is found guilty, they return to court to be sentenced. The judge receives guidance and assistance from several sources in order to sentence a defendant. Congress has established minimum and maximum punishments for many crimes which the judge uses to craft a sentence.
What percentage of incarceration is drug related?
The percentage of Federal prisoners serving time for drug offenses declined from 63% in 1997 to 55% in that same period.
Should drug offenders be treated or incarcerated?
Research has found that sending offenders with a history of drug and alcohol abuse to addiction treatment programs rather than institutionalizing them in jail or prison is not only the humanitarian choice but it will cut crime rates and save billions of dollars.
What happens when you go to court for sentencing?
At a sentencing hearing, the judge will review the presentence report and hear arguments from both the prosecutor and the defense attorney—and sometimes, the victim. A judge, not the jury, decides a defendant’s sentence.
Do judges have to follow mandatory minimums?
“Mandatory minimums take that choice away from a judge. You’re obligated to follow the statute, and if you don’t follow the statue, your decision is going to go to the court of appeals and get reversed. And judges don’t like to have their decisions reversed.”
Do you go jail after sentencing?
After people are sentenced, they are taken from court and initially transported to the nearest reception prison for the first few nights. They may be relocated to another prison depending on the security category, nature of the crime, length of sentence, and other factors that may need to be taken into consideration.
Does sentencing mean jail?
After a defendant is convicted or pleads guilty, a judge will decide on the appropriate punishment (or sentence) during the sentencing phase of a criminal case. Criminal sentencing for criminal offenses can range from probation and community service to prison and even the death penalty.
How long is sentencing after pleading guilty?
What does mandatory minimum sentence mean?
A mandatory minimum is a sentence, created by Congress or a state legislature, which the court must give to a person convicted of a crime, no matter what the unique circumstances of the offender or the offense are.
How long do drug dealers get in jail?
Sentences for drug distribution and trafficking can generally range from 3-5 years to life in prison but can be substantially higher when larger quantities are involved.
Can a judge sentence someone to death?
Generally, the decision of the jury must be unanimous in order to sentence the defendant to death. If the jury cannot unanimously agree on a sentence, the judge can declare the jury deadlocked and impose the lesser sentence of life without parole. In some states, a judge can still impose a death sentence.
How does our criminal justice system fuel and perpetuate mass incarceration?
Mass incarceration is fueled by a highly funded and minimally constrained criminal justice system that traps people branded as “criminals,” even individuals without a criminal record, into a permanent undercaste.