Discuss the various components in the procedure used in most courts for sentencing. Discuss how the order in which these components appear affect the final verdict.

Question

What will be an ideal response?

Answer 1

Answers may vary.The procedure used in most courts for sentencing has several components. The judge receives a file that contains information about the offender's personal history and prior convictions (if any), and a number of documents describing various procedures (e.g., the date of the arraignment, the formal indictment). The judge reviews the file before the sentencing hearing.At the hearing, recommendations for a sentence are presented, first by the prosecutor and then by the defense attorney. Statements are arranged in this order to give the defendant the final word before the judge makes a decision. But there may be an unexpected consequence of granting the prosecution the opportunity to make an initial recommendation. A large body of research has shown that initial numeric requests serve as powerful standards or "anchors" on subsequent judgments. In fact, judges' sentencing decisions are highly influenced by the prosecutor's request for a lengthy sentence, a finding that can be explained by a judgment process called anchoring.Defense attorneys' sentencing recommendations are also influenced by the prosecutors' demands. When researchers asked lawyers to assume the role of defense attorneys in a simulated rape case, they found that though defense attorneys requested a lower punishment than prosecutors, they were still influenced by the level of the prosecutors' recommendation, and assimilated their own sentencing demands to those of the prosecutor. This behavior, in turn, will affect judges' decisions. So rather than being aided by going last, the defense may be hindered by having to follow, and counter, the prosecution's demand-its "anchor."In addition to demands from the prosecutor and defense attorney, the sentencing judge has a probation officer's report and recommendation. This report carries a good deal of weight with judges. In one study, the judge agreed with the probation officer's recommendation in 78% of cases that resulted in community sanctions and 62% of cases that resulted in incarceration. The judge may ask the offender questions and will usually permit the offender to make a statement. In some cases, a forensic mental health professional may provide input on issues such as diminished capacity or coercion and duress, addressing questions such as whether the defendant was able to understand the wrongfulness of the crime, was able to conform his or her conduct to the requirements of the law, and has particular treatment or rehabilitation needs. On the basis of these sources of information and taking sentencing options into account, the judge then sentences the offender.