SENTENCING

In the US justice system the judge makes the final determination on punishment. While they have guidelines, judges have flexibility in making their decision.

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.”
-Eighth Amendment, United States Constitution

Punishment is determined during the sentencing phase of the criminal process. No matter how you arrive at the verdict, whether through a plea bargain with the district attorney, trial, or simply plead guilty at the outset, there will be a sentencing phase where various types of punishment will be considered.

For less serious crimes punishment is typically handed down quite fast. When it comes to more serious convictions, the sentencing phase can be a long process, with the judge receiving input from attorneys on both sides of the case.

The judge will consider many factors when determining the sanction, normally taking into account the convicted's criminal history, the nature of the crime itself, and whether the convicted has expressed remorse for their actions.

Depending on the crime the judge is required to apply certain punishments, which can vary greatly. These may include:

• Community Service, a common punishment involving unpaid work to repay a debt to the community and society.
• Rehabilitation, normally the completion of a drug or alcohol treatment program, which can vary in depth and intensity.
• Incarceration.
• Fines, and even community service, are typical for first time offenders and minor offenses, or they can be added onto punishment for serious offenses.
• A suspended sentence contingent upon certain conditions which, if violated, will immediately cause the original sentence (normally imprisonment) to go into effect.
• Payment to the victims and their families for a variety of damages, which could include compensation for medical expenses, replacement of damaged or stolen property, etc.

Probation and suspended sentences are common punishments imposed by the courts. For many people convicted of a crime, this allows for a final opportunity to prove that they can remain productive members of the community, while avoiding jail.

There are positive benefits to the state in that keeping a prisoner in custody is expensive, and many prison facilities across the United States are filled to capacity or overcrowded.

There are many conditions the defendant must adhere to, however, and any violation can quickly cause reinstatement of the original sentence.

Offenders must typically obey every law (violation of any law can constitute a violation), pay all required fines, report to a probation officer, avoid alcohol and drugs while submitting to alcohol and drug testing, avoid certain people (such as convicts), and only travel in or to permitted areas.

The 8th Amendment of the US Constitution, applied to all the states by the Fourteenth Amendment, specifically states that cruel and unusual punishment shall not be applied to anyone convicted of a crime. The 8th Amendment thereby guarantees the basic rights of those convicted even after their sentence and punishment has been decided upon.

Although there is no specific definition for cruel and unusual punishment, common sense dictates that the intention of the Founders was to secure the basic rights and humanity of prisoners and convicts, and to ensure that the punishment fits the crime.

To give someone convicted of DUI life in prison would clearly violate the intention of the eighth amendment, as would not providing prisoners basic rights such as shelter, food, proper waste disposal, etc.

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