Overview of the Sentencing Stage in Criminal Cases

One of the final stages of a criminal trial is sentencing. If you have reached the sentencing stage, that means that you have pleaded guilty or were found guilty by a jury or judge. If you are guilty of a crime, you will face punishment for your actions and that is usually sentencing by a judge. That punishment can vary widely from crime to crime. In most states the statute that makes the action a criminal offense also establishes the maximum sentence that can be given for a conviction—for example, in the state of Georgia, the maximum  fine for possession of up to 1 ounce of marijuana (a misdemeanor) is $1,000 and/or up to 12 months in jail. But, judges often do not give the maximum sentence based on a variety of factors and circumstances. Pre-Sentencing Report If you plead guilty to a crime, whether as part of a plea deal or not, sentencing for the crime is usually done immediately. This is particularly the case when the crime is an infraction or a misdemeanor. If the crime is a felony and the defendant is facing substantial prison time, sentencing is usually delayed until the judge in the case can hear from the prosecution, the defense,  and receive a pre-sentencing report from the local probation department. Victim Impact Statements In a growing number of states, judges must also hear statements from the victims of the crime before sentencing. These victim impact statements can have a significant influence on the final sentence. Possible Punishments The judge has several punishment options that he can impose during sentencing. Those options can be imposed singularly or in combination with others. If you have been convicted, a judge can order you to: Pay a finePay restitution to the victimGo to jail or prisonServe a time on probationDo community serviceComplete educational remediation, counseling, or a treatment program Discretion in Sentencing Many states have passed laws that provide for mandatory sentencing for certain crimes, such as child molestation or drunken driving. If you are convicted of one of those crimes, the judge has little discretion in sentencing and must follow the guidelines outlined  in the law. Otherwise, judges have wide discretion in how they form their sentences. For example, a judge can order you to pay a $500 fine and serve 30 days in jail, or he can just fine you with no jail time. Also, a judge can sentence you to jail time, but suspend the sentence as long as you complete the terms of your probation. Special Probation Terms In the case of alcohol or drug-related convictions, the judge can order you to complete a substance abuse treatment program or in the case of a drunk driving conviction, order you to attend a driving education program. The judge is also free to add specific restrictions to the terms of your probation, such as staying away from the victim, submitting to a search at any time, not traveling out of state, or submitting to random drug testing. Aggravating and Mitigating Factors Several factors can influence the final sentence the judge decides to hand down. These are called aggravating and mitigating circumstances. Some of them may include: Whether or not you are a repeat offenderWhether or not someone was injured during the crimeYour background and characterIf you express remorse or regretThe nature of the crime itselfImpact statements from the victims The background report the judge receives from the probation department can also have an influence on the strength of the sentence. If the report indicates that you are a productive member of society who made a mistake, the sentence might be much lighter than if it indicates you are a career criminal with no real work history. Consecutive and Current Sentences If you were convicted or entered a guilty plea to more than one crime, the judge can impose a separate sentence for each of those convictions. The judge has the discretion to make those sentences either consecutive or concurrent. If the sentences are consecutive, you will serve one sentence and then begin serving the next. In other words, the sentences are added to each other. If the sentences are concurrent, that means they are being served at the same time. The Death Penalty Most states have special laws regarding the imposing of a  sentence in a death penalty case. In some cases, a judge can impose the death penalty, but in most cases, it is decided by a jury. The same jury that voted to find the defendant guilty will reconvene to hear arguments for and against the death penalty. The jury will then deliberate to determine whether to sentence the defendant to life in prison or death by execution. In some states, the jurys decision is binding on the judge, whereas in other states, the jurys vote is merely a recommendation that the judge must consider before determining the final sentence.

Cognitive, Social, And Physical Development - 936 Words

Cognitive, Social Physical Development Early Childhood Education emphasizes the development of the whole child: Cognitive, social and physical. Some educators emphasize the cognitive domain, neglecting social and physical development. Student learning is enhanced when teachers incorporate the three domains into planning and implementation of curriculum. This paper will investigate how cognitive, social, and physical domains of development are inextricably linked and how they affect the development of the whole child. Cognitive Development Cognitive development deals with how a child develops cognitive abilities to learn and investigate through experiences. â€Å"Intellectual learning describes the young child’s developing ability to investigate the world, make meaning from experiences, solve problems and connect what’s known with what is new. Children are â€Å"born intellectual† – that is, from birth they continually take in information, process it and make connections – but as in each of the other areas, they need adult help to become more intellectually competent† (Galinsky, E., Sprague, P., O’Donnel, N., Dombro, A., 2011). This makes it important for teachers to provide opportunities for children to make connections with past experiences. When children can relate new information to past experiences or something they have already learned, it makes it easier for the child to understand new concepts and solve problems. It also makes it easie r for the teacher to teachShow MoreRelatedPhysical, Social, And Cognitive Development1403 Words   |  6 PagesIn order to answer questions about ones physical, social, and cognitive development we must first know what that means. Physical development involves growth and changes in the body and brain, the senses, motor skills, health and wellness. 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Elawady MD2, Doaa Mohammad MSC1 Pediatrics Department, Faculty of Medicine, Benha University, Egypt1 Community Department, Faculty of Medicine, Benha University, Egypt2 Abstract Background: Our lives become saturated with technology and mobile phones are an essential part of our daily activity, and many of our entertainment is provided through theRead MorePhysical, Cognitive, And Social Development Of Harper, A 3 Year Old Girl952 Words   |  4 PagesOn March 19, 2016, I had the opportunity to observe the physical, cognitive, and social development of Harper, a 3 year old girl. The observations were conducted at Building Blocks Daycare Center, Brandon, Iowa and the infant’s parents consented to participate in the live observations. The parents are Bryan and Brittney they are expecting a second child and today is the reveal party for the second. 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Generational Accounting Educational Theory and Application

Question: Discuss about the Generational Accounting for Educational Theory and Application. Answer: Introduction: The relative issue that is been detected from the operation of Qantas Airways is the reduction in wages and employees. In addition, the reduction in employees was due to the loss faced by the company during 2014 (Smh.com.au 2014). Furthermore, the decline in staff and wage adopted by the company mainly had a negative impact on the ethical and social responsibility. Accounting theories that relate: Accounting theories mainly help corporations to maintain steady flow of operations by following relative ethical theories depicted in accounting theories. The relative theories are depicted as follows. Utilitarianism theory mainly state that decisions and actions that is been taken by the company must have positive impact, while harm is minimised. The Egoism ethical theory mainly states that the decisions that is been taken is good for the company or not. This theory mainly states that the company is able to improve their overall operations by making adequate decisions to make higher profits (Raj and Roy 2016). Deontological Ethics theory mainly depicts fairness on the actions, which is been taken by the company in improving their operational capability. Virtue Ethic theory mainly focuses on character traits, which is acknowledge across cultures. In addition, the virtue ethics mainly focuses on moral character and not duties rules or consequences. Discussion: The decision that was taken by Qantas in 2014, regarding the job cuts and lowered wages had a negative impact on the ethical outlook of the company. In addition, the jobs cuts of 5000 employees were mainly conducted after declaration of $252 million loss on the first half of 2014 (Smh.com.au 2014). The loss was mainly conducted by the high wage scheme, which was adopted by the company before 2014 announcements. Furthermore, adoption of the decision mainly violates accounting theories, which is been used by companies to maintain its operations. Blayney, Kalyuga and Sweller (2015) mentioned that conducting operations according to the accounting theories mainly allows companies to maintain ethics in their operations. On the contrary, Bonin (2013) argued that violations of accounting theory is mainly conducted by the company to improve their profit generation capacity. Moreover, the company mainly violates Utilitarianism, Deontological Ethics, and Virtue Ethics accounting theory by taking the job cutting decisions. The job cuts mainly hampered the overall accounting theory, which was utilised by the company to reduce the overall losses incurred from high wages. Gynther (2014) mentioned that decline in revenue mainly reduces friction of ethical theories depicted in accounting theory. However, Egoism accounting theory is mainly supported by the company, as its takes an effective decision for supporting its overall activities. Recommendations: The drastic decision of the company in cutting excess jobs in 2014 mainly violated the accounting theories. In addition, the company could have lowered the wages of the employees, which in turn could reduce the excess costs incurred from its operations. This step could have reduced the harm conducted on employees and ethical preference of the company. In addition, reduction in wages of employees that are not contributing to the productivity could mainly reduce the negative impact of the decisions. Reference: Blayney, P., Kalyuga, S. and Sweller, J., 2015. Using Cognitive Load Theory to Tailor Instruction to Levels of Accounting Students Expertise.Journal of Educational Technology Society,18(4), pp.199-210. Bonin, H., 2013.Generational accounting: theory and application. Springer Science Business Media. Gynther, R.S., 2014.Accounting for Price-Level ChangesTheory and Procedures: Pergamon International Library of Science, Technology, Engineering and Social Studies. Elsevier. Smh.com.au. (2014).Qantas cuts 5000 jobs, posts $252 million first half loss. [online] The Sydney Morning Herald. Available at: https://www.smh.com.au/business/aviation/qantas-cuts-5000-jobs-posts-252-million-first-half-loss-20140226-33i4c.html [Accessed 15 Jan. 2017]. Raj, S.K. and Roy, S., 2016. Accounting Theory: An Ethical Perspective of Real Life Scenarios.International Journal of Business and Social Research,6(10), pp.47-55