Legal Definitions - Sentencing

Sentencing refers to the legal consequences that follow a criminal conviction. It is the punishment given to a person who has been found guilty of committing a crime. The type of sentence depends on the severity of the crime committed.

Examples of sentences include:

• Probation
• Fines
• Short-term incarceration
• Suspended sentences
• Payment of restitution to the victim
• Community service
• Drug and alcohol rehabilitation for minor crimes
• Long-term incarceration
• Life in prison
• Death penalty in capital murder cases

The purpose of sentencing is twofold. First, it aims to deter future crime by both the convict and others who may consider committing the same crime. Second, it serves the goal of retribution, which means that the criminal deserves punishment for having acted criminally. When sentencing, a judge must impose the least severe sentence that still achieves both goals, while also considering the need for societal protection.

The federal courts in the United States use a determinate sentencing system, which means that specific sentence minimums and maximums are prescribed for specific federal crimes. The prescribed sentences take into account the particular criminal conduct and whether the convicted defendant had any previous criminal history. Although intended to have binding force, the U.S. Supreme Court has ruled that the guidelines are merely advisory, and the trial court judges have the power to prescribe sentences less than the Federal Guidelines' "mandatory" minimums, provided they offer reasons for doing so.

For example, if a person is found guilty of stealing a small amount of money, the judge may sentence them to probation and community service. However, if a person is found guilty of murder, the judge may sentence them to life in prison or the death penalty.