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Criminal sentencing is subjective and varies by jurisdiction. Factors such as the type of crime, the offender’s age and prior offenses, and the judge’s discretion can all influence the sentence. Discrimination can also occur, but it is rare and can be challenged.
Factors that can influence criminal sentencing vary by jurisdiction, but many legal systems include a set of sentencing guidelines that include a minimum and maximum sentence that can be imposed. Within that range, the facts of the crime are often taken into account in determining what punishment would constitute a fair sentence. Different people might recommend different sentences for the same crime, and the same crime committed by different offenders might warrant different sentences. Criminal sentencing is a subjective practice, not a process that can be determined mathematically.
First, the type of crime committed affects the criminal conviction. More serious crimes almost always lead to harsher punishments. Violent crimes are often punished more severely than crimes such as drug possession or theft, although there are some exceptions. The facts about how the crime was committed could influence the criminal conviction. Crimes that pose little risk to humans, whether or not they involve actual violence, are generally punished just as harshly as those where violence is necessary.
It is important to note that different judges may be harsher than others and that different areas are more likely to punish certain offenses more severely. Current events, politics, and even the judge’s mood can all be factors that indirectly influence sentencing. In some cases, the talent of a person’s lawyer could influence a conviction, although almost no amount of negotiation or political manipulation can mitigate a particularly severe sentence.
Usually, the offender’s age and number of prior offenses has some effect on the criminal conviction. Young offenders and first-time offenders are often treated leniently. People who repeatedly commit the same offense are usually punished particularly severely and in some cases a repeat offender could get a very harsh minimum sentence. In some cases, a crime may be so serious that the offender’s age does not justify a lenient sentence, but even then age is taken into account.
Other factors, such as why the crime was committed, are usually not considered during a criminal conviction, except in extremely rare cases. Sometimes, cooperating with the police and reporting on other criminals can reduce your sentence, although these arrangements usually involve a plea deal of some sort. It’s unusual for a criminal’s body to explicitly factor into a criminal conviction, but many people argue that people of certain races, genders, or associations can receive preferential treatment during sentencing. When it is clear that a discriminatory sentence has been passed, there may be room for a change in the sentence.
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