Sentencing Decisions

Sentencing Theory and Policy

Once a defendant has been convicted of a crime, he or she will be sentenced. This sentencing decision is typically made by a judge or magistrate (depending on the sentencing court). Several sentencing options are available to sentencers; common ones include incarceration (prison or jail), community sentences, fine, restitution or compensation, and probation. Of these, incarceration is usually the most severe sentence, although some crimes carry the death penalty in some jurisdictions. Defendants convicted of more than one crime may be given consecutive or concurrent sentences. Sentencing statistics indicate trends in sentencing such that the relative use of different options changes over time, largely in response to changes in sentencing policy or public opinion.

A sentence may be justified on one or more of several theoretical grounds. In their simplest forms, desert or retributive theories propose that those who commit crimes deserve punishment and should receive sentences proportionate to the seriousness of the crime. Deterrence theories state that a sentencing should aim to deter specific people, or people in general, from committing crimes and that doing so requires that a sentence be certain and severe. Rehabilitative approaches also suggest that a sentence should aim to prevent further reoffending but hold that this should be done by means of treatment. The incapacitative approach advocates that a sentence should aim to protect the public by detaining persistent or dangerous offenders. Finally, restorative and reparative theories state that sentences should aim to repair the harm done by crime and encourage social integration.

Research on public opinions of sentencing has found that support for the purposes of punishment varies by the nature and seriousness of the offense. Nevertheless, studies have consistently reported that people perceive sentencing policies and practices as being too lenient. In fact, public opinion has been a driving force behind several sentencing policies such as the “three strikes” policy in the United States. However, evidence also suggests that the public may be ill informed or misinformed about current sentencing policy and practice as well as crime rates. Studies indicate that the public are less likely to favor imprisonment when they are made aware of the range of sentencing options available, and they support alternatives to imprisonment under certain circumstances.

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