Criminal Sentencing


sentence, in criminal law, punishment that a court orders, imposed on a person convicted of criminal activity. Sentences typically consist of fines, corporal punishment, imprisonment for varying periods including life, or capital punishment, and sometimes combine two or more elements. In the United States, the Eighth Amendment to the Constitution bans "cruel and unusual punishments" (effectively excluding corporal punishment), and exile and forfeiture of property by heirs are not imposed. Especially in punishing misdemeanors, payment of a fine may be the alternative to a prison sentence.

The sentence to be imposed is generally fixed by statute. In some cases (mandatory sentencing) the duration is exactly prescribed; in others the judge (and in some instances, the jury) has limited discretion. The U.S. Supreme Court has held that courts in sentencing may, and sometimes must, consider not only the crimes for which a defendant was convicted, but also other charges, even if they led to acquittal. The Court has also ruled that only a jury may make the factual findings that can increase a sentence beyond the usual range specified in law for a crime. If a person is convicted of more than one crime at a single trial, the sentences may run concurrently (i.e., all beginning at the same time) or consecutively. In indeterminate sentencing, a minimum and maximum term is set, and good behavior may allow a convict to be released on parole any time after the minimum term has been served. In many states successive convictions on felony charges bring longer sentences, and in the 1980s some U.S. states and the federal government began to impose "three strikes" and similar laws, ordering mandatory long-term or life imprisonment for repeated felony offenses. Such laws have been criticized for sometimes requiring long sentences for nonviolent offenders whose crimes may include petty theft or drug possession. Persons found incapable of understanding the nature of their crimes or of helping in their defense are often committed to mental institutions for periods that are to end if they recover sanity; these are effectively, if not technically, sentences. See also verdict, jury, and pardon.

The Columbia Encyclopedia, 6th ed. Copyright© 2014, The Columbia University Press.

Selected full-text books and articles on this topic

Just Sentencing: Principles and Procedures for a Workable System
Richard S. Frase.
Oxford University Press, 2013
Fundamentals of Sentencing Theory: Essays in Honour of Andrew von Hirsch
Andrew Ashworth; Martin Wasik.
Clarendon Press, 1998
Sentencing Matters
Michael Tonry.
Oxford University Press, 1996
Punishment, Communication, and Community
R. A. Duff.
Oxford University Press, 2001
Librarian’s tip: Chap. 4 "Communicative Sentencing"
Penal Reform in Overcrowded Times
Michael Tonry.
Oxford University Press, 2001
Sentencing Lessons
Weisberg, Robert; Miller, Marc L.
Stanford Law Review, Vol. 58, No. 1, October 2005
Sentencing and the Fifth Amendment
Lat, David B.
The Yale Law Journal, Vol. 107, No. 8, June 1998
The Case for Jury Sentencing
Hoffman, Morris B.
Duke Law Journal, Vol. 52, No. 5, March 2003
The Handbook of Crime & Punishment
Michael Tonry.
Oxford University Press, 2000
Librarian’s tip: Chap. 20 "Sentencing"
Penal Populism and Public Opinion: Lessons from Five Countries
Julian V. Roberts; Loretta J. Stalans; David Indermaur; Mike Hough.
Oxford University Press, 2003
Librarian’s tip: Chap. 1 "Penal Populism in Context"
Sentencing and Sanctions in Western Countries
Michael Tonry; Richard S. Frase.
Oxford University Press, 2001
Thou Shalt Not Kill Any Nice People: The Problem of Victim Impact Statements in Capital Sentencing
Phillips, Amy K.
American Criminal Law Review, Vol. 35, No. 1, Fall 1997
A Look at the Use of Acquitted Conduct in Sentencing
Beutler, Erica K.
Journal of Criminal Law and Criminology, Vol. 88, No. 3, Spring 1998
Reducing Unjustified Sentencing Disparity
McLaughlin, James A.
The Yale Law Journal, Vol. 107, No. 7, May 1998
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