Discuss the method and procedure in place for the reviewing of sentencing

Question

What will be an ideal response?

Answer 1

Imposed sentences may be reviewed by the following authorities:
• Trial judge: On a motion by the defense attorney, the trial judge reviews his or her sentence of a particular defendant and may modify the sentence after hearing arguments presented by both the defense lawyer and the prosecutor.
• Appellate courts (including the U.S. Supreme Court and state supreme courts): On appeal, an appellate court may find that a particular sentence was not within the statutory authority of the trial judge to impose, or that the sentence violated the Eighth Amendment's Cruel and Unusual Punishment Clause.
• Federal courts: A state prisoner ordinarily uses a writ of habeas corpus in attempting to get his or her case into the federal courts. To do this, a violation of a right under the U.S. Constitution must be shown. Because there are very few violations (or errors) of this type, few habeas corpus hearings are granted.
• State parole board or parole authorities: Parole authority is granted by a statute of that state. State statutes might provide that parole eligibility for murder does not commence until after sixteen years—or after twenty or twenty-five years. Whether the convicted person is released on parole (and the conditions of parole) is then determined by the parole board.
• The president of the United States and state governors: The president and state governors have broad power to pardon, grant amnesty, or commute a sentence. Such authority is constitutional, with additional statutory power often provided. Article II of the U.S. Constitution provides that the president "shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.