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What is sentencing, and what factors influence it?

Sentencing is the process in which a judge determines the punishment for the defendant; punishments including fines, probation, community service, imprisonment, or, in extreme cases, the death penalty. First time offenders are typically given a lesser punishment for the crime they are found guilty of, depending on the severity of the crime. Factors that affect high range of sentencing include:

  • The severity of the crime: severe crimes are typically violent crimes (murder, assault, etc.), but the use of a weapon, physical injury, or harm to vulnerable groups (children, elderly, disabled, etc.) can increase the punishment. 
  • The defendant’s history: first time offenders tend to get a lesser punishment, however if the defendant has a criminal record, they can face harsher punishments such as longer prison sentences or higher fines. 
  • Mitigating or aggravating circumstances: mitigating factors, such as showing remorse, first time offense, acting under duress or coercion, mental illness, and substance abuse, can work for the defendant and help to reduce sentencing. Aggravating factors, such as extreme violence, use of a weapon, injury or targeting of vulnerable groups (disabled, elderly, children etc.), lack of remorse, repeat offenders, and premeditation, can increase the punishment for the defendant. 

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