Law Office of Christine Ventura
Punishment of Crimes

Crimes are punished according to their seriousness, with higher penalties for more serious crimes.

Punishment may include:

  • A fine
  • Term of imprisonment
  • Probation or parole
  • Restitution (repayment) to victims
  • The death penalty

Depending on the state, the sentencing judge may also have the power to give unusual punishments, such as various kinds of community service.

Penalties for crimes vary greatly from state to state and reflect policy decisions made by courts and legislatures. For example, a state with a significant ranching industry may punish cattle theft very seriously, reflecting the importance of the business of cattle production in that state, while another state may punish it less severely because it is not of great concern in that state.

In deciding an appropriate sentence, a judge may take into account your:

  • Prior criminal record
  • Age
  • Other circumstances surrounding the crime, including your cooperation with law enforcement authorities

PLEA BARGAIN

Plea bargaining is frequently criticized, but the vast majority of criminal cases are disposed of by plea bargains. A plea bargain is the result of an agreement between the prosecutor and the accused person, with the accused person agreeing to plead guilty to a crime, or crimes, in return for a negotiated sentence. A plea bargain can occur before a trial or even during a trial.

In state criminal justice systems, plea bargains are usually extremely flexible and may result in:

  • The complete dismissal of all charges.
     
  • A reduction of sentence from a lengthy term of imprisonment to a small fine.
     
  • An agreement to accept life imprisonment in order to avoid a death penalty prosecution.

In the federal criminal justice system, the United States Sentencing Guidelines significantly limit the ability of prosecutors to enter into plea bargains.

Probation is the suspension of jail time, if you meet certain conditions. A judge may place you on probation where jail time isn't required by law. Conditions of probation ensure that you lead a law-abiding life.

At the end of the probationary period, you're free of the state's supervision. Violating probation terms can result in the court revoking your probation and sending you to jail to serve your original jail sentence.

Parole is the conditional release of a prisoner before the expiration of the sentence.

Parole is usually granted by a separate state agency, or commission, which considers the applications of prisoners for early release from imprisonment.

Typically, parole is granted on certain conditions that must be carefully followed. Violating these conditions can result in the agency revoking your parole and sending you back to prison to finish your sentence.

Sex offender registration laws have been enacted in many states. These statutes require convicted sex offenders to register with local police departments so that various individuals and groups within their communities can be warned of their presence in the community. Typically, convicted sex offenders are classified according to a judgment about the likelihood that they will reoffend and the seriousness of their prior conduct. The classification into which the particular offender falls determines which members of the community receive notice of their presence. So far, these statutes have largely survived court challenges based on arguments that they violate the constitutional rights of the offenders. The specific provisions of such statutes vary from state to state.

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.