Sentence modification is the process of changing a sentence based on new information. Judges have discretion in sentencing, and new factors must demonstrably alter the approach to the sentence. Sentence modification is not the same as an appeal, which aims to overturn a conviction.
Sentence modification is a procedure in which a sentence already given by a judge is modified in the light of new information. There are a number of things that can lead to a sentence change, and the process involves several steps. It is important to note that in many regions, judges have a high degree of discretion in handling cases, which means that rulings on sentencing for cases that appear similar may vary depending on the judge issuing the sentence.
If a judgment is to be changed, it must first be demonstrated that there are new elements in the case. These factors were not known to the judge at the time of sentencing, either because they had been overlooked by the parties involved in the case or because they had not yet been discovered. These new factors must also demonstrably alter the approach to the sentence; not all new factors would influence a judge when it comes to passing a sentence, and therefore the mere discovery of new information does not provide sufficient reason for the sentence to be changed.
The judge hears the new factors, determines whether or not the sentence can be changed, and then issues an amended version of the original sentence, if appropriate. In an example of sentence modification, a judge might issue a suspended sentence on a convicted felon. If the offender violates probation, the sentence can be changed to place the inmate in jail for the remainder of the sentence. Similarly, if the judge suspended a fine and the inmate violated the terms of his probation, this fine could be imposed with a change in sentence.
There may also be cases where people can prove that a sentence passed the law, and therefore the modification of the sentence must be carried out to make the sentence compliant. Many regions have laws designed to prevent wrongful or unreasonable convictions. While judges are careful to avoid conflicting with such laws, errors do sometimes occur, and an illegal judgment can be challenged by having the sentence changed.
Changing the sentence is not the same thing as an appeal. On appeal, someone tries to overturn a conviction altogether. Appeals can result in an exoneration, where someone is found innocent of the crime, or a retrial, if there were factors in the original trial that led an appellate judge to question the verdict. In changing the sentence, the goal is not to prove the innocence of a convict or to organize a new trial, but simply to change the terms of the sentence.
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