Name and Explain the Six Types of Sentencing Available to Judges Student`s

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Nameand Explain the Six Types of Sentencing Available to Judges

Nameand Explain the Six Types of Sentencing Available to Judges

Thetask of a judge in the process of sentencing is to determine the typeand quantum of judgment that is appropriate based on the facts of thecase. However, the judge’s decision must be guided by the relevantprovisions of the statute as well as the appellate principles of theland. Different countries and states have espoused guidelines toguide the sentencing process and despite their differences, thefundamental factor is the severity of the offense, as well the priorcriminal history of the offender (Lovegrove, 2006). This paperdiscusses the types of sentencing options that are available tojudges.

Adischarge may either be referred to as an absolute or a conditionaldischarge. Discharges are normally the lowest level kind of sentencesthat an offender can receive upon being found guilty, often given forminor offenses. An absolute one means that there is no registeredconviction, and the offender does not require to follow anyconditions. A conditional type, on the other hand, means that despitethe lack of a registered conviction, there are conditions that theoffender is required to follow. Often, these conditions assume theform of a probation order that could be in effect for between one andthree years.

Suspendedsentences are based on the same principle with conditional dischargesbecause they require the offender to follow conditions set out in aprobation order. However, the difference between the two is that aconviction is registered for the offender in a suspended sentence.The other type of sentence is known as probation which takes the formof a court order directing the offender to do or restrain from doingparticular things for a period of time. Generally, a probation orderrequires the offender to maintain peace and good behavior make courtappearances when ordered to and inform the probation officer of anychanges in job, name or address. Other requirements may be includeddepending on the specifics of the offense or the case. In most ofsuch orders, the offender is made to report to a probation officerwho has the powers to prosecute in the case of violation of theprobation conditions.

Imposingfines is another type of judgment passed to offenders, where thejudge orders for a certain amount of money to be paid to the court. Aconviction must be registered for offenders who receive fines as aform of punishment. A fine may be given in addition to, or instead ofan imprisonment, a conditional sentence or an imminent sentence, butnot in addition to a suspended sentence or a discharge.

Prisonsentences are the most severe of the lot, given for serious offenseswhich require confinement so as to protect the public from theoffender. Once a judge has given a jail sentence, the offender isconfined in a prison, upon which a conviction is registered againstthem. Different states have different provisions that guide theholding correctional facilities according to the duration of thesentence.

Reference

Lovegrove,A. (2011). The Framework of Judicial Sentencing: A Study in LegalDecision Making. Cambridge University Press.

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