Sentencing Forms in Different Jurisdictions

Subject: Law
Pages: 2
Words: 424
Reading time:
2 min

Death penalty

This kind of sentencing is meant for those who commit first-degree murder through aggravated situations. The defendants who have been convicted of capital offenses do have a right to forward allaying situations to the attention of the sentencing authority so that only individuals deserving to die for their crimes get the death penalty. In addition, the defendants have the right to be free from the random and unreliable obligation of death as a penalty. Death penalty statutes contain clauses that safeguard and bar the random use of the death penalty. Most crucial are the requirements that check the prudence of the sentencing judges, the existence of aggravating situations, that permits the beginning of evidence that shows allaying situations, that which authorizes a two-party proceeding, and that which a provision for automatic review by an appellate court of all death sentences.

Incarceration

Jails refer to short-term locking up centers. The inmates locked in those jails comprise of those defendants not convicted but are awaiting trial, lack bails, those convicted of a misdemeanor, and felons who are serving jail for violations of probation rules. On the other hand, prisons refer to long-term penal infrastructures that are manned by the state and federal governments. They house inmates convicted of a felony and serving sentences of more than one year.

Probation

This kind of sentence allows the offender to serve in the community instead of being in incarceration. The probationers are supposed to stick to the rules such as obeying laws, paying fines or restitution, reporting to the probation officer, abstain from using drugs, abstaining from moving out of the area of jurisdiction, and avoiding certain people and places. In case the probationer violates the rules of probation or commits another crime, the judge can revoke and incarcerate the offender. Probation is mostly applied when the crime is not violent, and the offender is not dangerous. Probation is nowadays preferred because of the cases of overcrowding in prisons. However, it has shortcomings because most of those felons on probation get rearrested for new crimes.

Intensive supervision probation

It is applied to offenders who need very close supervision. It gives the offender a chance to live in the community but under restrictions. ISP offenders are supposed to check with probation officers often for random drug urinalysis, to work, for drug treatment, and under very tight supervision.