Sentence is a penalty a person must pay if convicted in court of committing a crime. A sentence may be determined by a judge or a jury, or by a law. In the United States, convicted criminals may be (1) required to pay a fine, (2) placed on probation, (3) sent to prison, or (4) executed. In some cases, criminals may be fined in addition to being placed on probation or imprisoned.
Sentences have several purposes. For example, a sentence puts a criminal in prison to prevent the person from hurting others. Some law enforcement experts believe sentences deter (discourage) crime by showing a potential criminal the result of breaking the law. Many people think the main purpose should be to punish criminals. They also believe the harshness of a sentence should depend on the seriousness of the crime. Others believe sentences should rehabilitate criminals–that is, change them into law-abiding citizens.
For many years, there were few guidelines for sentencing criminals, and judges did so according to their own judgment. Since the early 1900’s, many states have passed laws specifying an indeterminate (indefinite) sentence for a particular crime. For example, a sentence for armed robbery might range from 5 to 20 years. In such cases, a judge or jury imposes the sentence, and a parole board determines when the prisoner is released. As a result, many criminals who commit the same crime do not serve the same sentence.
In the late 1970’s, many states adopted systems of fixed sentences. Such systems limit or abolish parole. They require criminals to stay in prison for a specific period of time, depending on the crime. For example, a bank robber might receive a sentence of four to five years. Many experts believe fixed sentences discourage crime and make sentencing more just. Others think judges should be able to vary sentences, depending on the circumstances of the crime.
In 1987, new federal sentencing guidelines went into effect in the United States. These guidelines sought to reduce the role of judges in setting prison terms for federal crimes. The most serious crimes—such as first-degree murder and treason—were placed in categories that demanded life imprisonment or other severe sentences. In 2005, however, the Supreme Court of the United States ruled that the sentences listed in the federal guidelines should be considered only advisory, not mandatory. In 2007, the Supreme Court increased the authority of federal judges to decide sentences, even if they were not consistent with federal guidelines.
