Sentencing

Sentencing is the stage in criminal justice after a conviction at which a judge or other authority determines the punishment to be imposed. The sentence serves to punish the offender, deter future crime, protect the public, and promote rehabilitation, while considering proportionality to the offense. The exact authority and method vary by jurisdiction, but sentencing typically operates within defined statutory ranges and, in some systems, guidelines.

Many jurisdictions employ sentencing guidelines that provide a framework to promote consistency and proportionality. Guidelines may be advisory or binding and can set ranges for different offense categories based on severity and culpability. Some jurisdictions impose mandatory minimums or mandatory penalties for particular offenses, limiting judicial discretion. In other systems, judges retain broad discretion within statutory limits.

Judges or other sentencing bodies consider various factors: the gravity of the offense, the offender's culpability, criminal history, aggravating and mitigating circumstances, and the defendant's prospects for rehabilitation. Other considerations may include remorse, impact on victims, and public safety risks. Sentences may include imprisonment or jail, fines, probation, community service, restitution, and treatment or rehabilitation programs. Some sentences allow alternatives such as suspended sentences or conditional release; parole or supervision may influence actual confinement length.

The sentencing process often involves pre-sentence reports, impact statements from victims, and hearings. Appeals or reviews may challenge the sentence or its legal adequacy. Critics point to potential disparities arising from race, socio-economic status, or geography. Proponents emphasize risk-focused approaches, restorative justice, and sentencing reform aimed at reducing reoffending and addressing underlying causes.

Internationally, sentencing systems range across common law, civil law, and mixed traditions. Some jurisdictions use determinate sentences with fixed terms, others employ indeterminate sentences, and many have parole regimes that allow early release. The specific rules and practices depend on national law and local court rules.