What are normal crimes? What are the two most important factors in determining normal penalties?

Question

What will be an ideal response?

Answer 1

The scales of justice are the starting point in examining sentencing. First, we need to know what factors judges and other members of the courtroom work group weigh in deciding between prison and probation. Normal penalties are the most important consideration in sentencing. Based on the seriousness of the offense and the defendant's prior record, courthouses have developed going rates, which are used as parameters in fine-tuning a sentence for a given offender. Sentencing involves a two-stage decision-making process. After conviction, the first decision is whether to grant probation or to incarcerate the defendant. If incarceration is chosen, the second decision is determining how long the sentence should be. Courtroom workgroups must sentence real defendants found guilty of actual crimes. Each defendant and crime is somewhat different. Sentences are expected to be individualized—to fit the penalty to the crime and the defendant. In seeking individualized sentences, courtroom work groups use normal penalties (Spohn, 2009; Sudnow, 1965). Based on the usual manner in which crimes are committed and the typical backgrounds of the defendants who commit them, courtroom work groups develop norms of what penalties are appropriate for given categories. The normal sentences are not used mechanically; rather, they guide sentencing. It is within the context of these normal penalties that individualization occurs. Upward and downward adjustments are made. Normal penalties governing appropriate sentences for defendants take into account the seriousness of the crime, the prior criminal record, and any aggravating or mitigating circumstances. The most important factor in setting normal penalties is the seriousness of the offense (Doerner & Demuth, 2014; Spohn, 2009; Spohn & DeLone, 2000; Steffensmeier, Ulmer, & Kramer, 1998). The more serious the offense, the less likely the defendant will be granted probation. Also, the more serious the offense, the longer the prison sentence. After the seriousness of the offense, the next most important factor in sentencing is the defendant's prior record (Albonetti, 1997; Doerner & Demuth, 2014; Spohn, 2009; Ulmer, 1997). As the prior record increases, so does the sentence. In choosing between probation and imprisonment, the courtroom work group carefully considers the defendant's previous criminal involvement. How courts assess prior records varies. Some consider only previous convictions, whereas others look at arrests as well. In addition, courtroom work groups often consider the length of time between the current offense and the previous one. Finally, the prior record is assessed within the context of the severity of the crime itself. When the crime is perceived as being less serious, individual factors such as prior record seem to be given relatively more weight than when the crime is more serious.