General Discussion

Girard442

(6,094 posts) Sat Apr 27, 2024, 10:12 AM Apr 27

Not a lawyer, so help me out on this one:

A defendant is found guilty in a criminal trial on a charge that typically doesn't carry a heavy sentence. Can the judge take into account the defendant's other acts and behaviors for sentencing?

5 replies

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Not a lawyer, so help me out on this one: (Original Post) Girard442 Apr 27 OP

In most states and in the federal system there are sentencing guidelines Ocelot II Apr 27 #1

Al Capone may disagree Shermann Apr 27 #2

That was way before states overhauled sentencing jimfields33 Apr 27 #3

That was long before there were sentencing guidelines. Ocelot II Apr 27 #4

Fair point! nt Shermann Apr 27 #5

Ocelot II

(116,106 posts)

1. In most states and in the federal system there are sentencing guidelines

Reply to Girard442 (Original post)

Sat Apr 27, 2024, 10:24 AM

Apr 27

that take into consideration prior crimes in determining a presumptive sentence. Bad acts that aren't crimes are not part of that analysis, but they do consider factors like whether the person was remorseful and accepted responsibility, or whether the person is likely to re-offend.

Shermann

(7,519 posts)

2. Al Capone may disagree

Reply to Ocelot II (Reply #1)

Sat Apr 27, 2024, 10:28 AM

Apr 27

Eleven years for tax evasion is pretty harsh. You could argue his other unindicted bad deeds played a role in that.

jimfields33

(16,251 posts)

3. That was way before states overhauled sentencing

Reply to Shermann (Reply #2)

Sat Apr 27, 2024, 10:31 AM

Apr 27

guidelines. 1931 was a long time ago. I didn’t realize that so many use the 1930’s trial as an example. I thought he was convicted in the 70’s or so.

Ocelot II

(116,106 posts)

4. That was long before there were sentencing guidelines.

Reply to Shermann (Reply #2)

Sat Apr 27, 2024, 10:40 AM

Apr 27

Judges had a lot more discretion in those days - which was one of the main reasons for sentencing guidelines.

Shermann

(7,519 posts)

5. Fair point! nt

Reply to Ocelot II (Reply #4)

Sat Apr 27, 2024, 11:50 AM

Apr 27

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