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The severity of a crime, jurisdiction, prior convictions, cooperation, age, and harm inflicted on innocent individuals all affect criminal sentencing. Different offenses result in different lengths of incarceration, and states have the authority to prescribe their own sentences. Minors may receive lighter sentences than adults for the same crime.
Crimes are a category of serious crimes. Convictions for these crimes usually carry a prison sentence. However, the length of such incarceration can vary depending on what crime is committed, where it is committed, and how old the offender is.
One of the main factors influencing the criminal sentence is the type of crime that has been committed. While different offenses may be considered misdemeanors, each may result in orders for different lengths of incarceration because all offenses are not treated equally. In most jurisdictions, crimes are divided into categories of severity, such as a class 1 felony or a class A felony. Felonies in the more serious categories generally result in longer sentences.
The jurisdiction under which a crime is tried is another important factor influencing the criminal sentence. In general, states have the authority to write their own laws and to prescribe sentences for actions that offend those laws. Because laws can vary from state to state, the punishments people receive for crimes vary depending on where they are. Additionally, some crimes are prosecuted in federal courts. These courts also have the ability to issue rulings, which may differ from those issued by state courts.
The number of crimes a person has committed can affect their conviction. People who have more prior convictions usually receive longer sentences than first-time offenders. California, for example, gained notoriety for its “three strikes” law which provided for life in prison for those convicted of a third crime.
Cooperation affects criminal conviction. While the practice is controversial, many people receive reduced sentences for working as informants for law enforcement or testifying against people considered to be bigger criminals. Some argue that one of the biggest problems with this arrangement is that it encourages criminals to lie and continue to commit crimes.
Age can play a role in criminal sentencing. While an adult and a minor may commit the same crime, in many cases the adult will receive a harsher sentence. In 2010, the United States Supreme Court ruled that giving minors life sentences without parole violated the portion of the Constitution that prohibits cruel and unusual punishment if those minors were not convicted of murder. Thus, a minor serial rapist must be given an opportunity for release, while an adult is not required to have such an opportunity.
The harm and risk of harm that a criminal inflicts on innocent individuals can influence the conviction of a felony. For example, if a person burgles a house while it is empty, he may receive a lighter sentence than if he committed the same crime while the family sleeps inside. Crimes committed in the vicinity of children or involving children also tend to carry harsher sentences.
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