n the United States, sentencing law varies by jurisdiction. Since the US Constitution is the supreme law of the land, all sentences in the United States must conform to the requirements of the Constitution, which sets basic mandates while leaving the bulk of policy-making up to the states.
Despite the continued growth of federal criminal law, the vast majority of criminal sentencing takes place in state and local courts. Except for death penalty cases (which are exceptionally rare), juries generally have little involvement in sentencing, which is typically left to the discretion of the presiding judge. Sentences are typically pronounced by the judge in a separate hearing, after the jury (or other finder of fact) has issued findings of fact and a guilty verdict, and in some cases after the probation department has carried out a pre-sentence investigation. The structure and jurisdiction of courts within a state are typically governed by state law, as are sentences and sentencing guidelines and regimes. There is enormous substantive and procedural difference between the criminal laws of the fifty states and the various federal territories and enclaves.
Each state is very different from every other state in terms of sentencing, and even what acts are crimes:
Actions which might constitute a crime in one state would not necessarily constitute a crime in another state, or they might constitute a crime of a different severity. A 15-year-old and a 17-year-old having consensual sexual intercourse might constitute a crime in one state but not another. A person possessing cannabis, certain types of firearms, or exotic animals might be committing serious crimes in some states but are perfectly legal to possess in other states. A burglary might be completed only upon entry into a locked house in one state, but upon entry into an attached carport in another.States have different schemes for dividing up crimes by severity and these categories might have similar names across states, but different practical effects. For example, a "2nd degree felony" in Florida is a category of crime punishable by up to 15 years in prison with no minimum while a "2nd degree felony" in Texas is a category of crime punishable by up to 20 years in prison, with a mandatory minimum of 2 years incarceration.Many states have adopted sentencing guidelines which incorporate various factors into a single formula that may or may not constrain the judge's sentencing discretion. The general purpose of these schemes is to produce uniform and fair sentencing within a jurisdiction. However, since views about the correct approach to criminal justice vary from state to state, these statutory schemes vary enormously.Many states have mandatory sentencing statutes which remove the judge's discretion under certain circumstances. Mandatory sentencing schemes typically require minimum periods of incarceration for certain serious crimes and for individuals who have serious criminal records. The state typically has discretion to pursue or waive mandatory sentencing. The content of these mandatory sentencing statutes and the procedures required to bring them into play are different in each state.Some states have parole or early release from incarceration, while others do not. Many states have forms of punishment that are less severe than incarceration (such as probation, time in a halfway house, community service, or house arrest), but the exact form of these punishments, as well as which people can be sentenced under such alternatives, varies from state to state.
Some prisoners are given life sentences. In some states, a life sentence means life, without the possibility of parole. In other states, people with life sentences are eligible for parole. In some cases, the death penalty may be applicable; however, since the U.S. Supreme Court decision in Ring v. Arizona, a recommendation of the trial jury is required to impose a sentence of death.
However, as one can be sentenced to life without parole, another way to be sentenced for life in prison is a minimum number of years spent in jail depending on the life expectancy of the prisoner. Thus the prisoner will then spend the rest of his or her life in prison.[1]
The U.S. Sentencing Guidelines prescribe a reduction of sentence time for most defendants who accept responsibility and plead guilty; further discounts are available to some defendants through fact bargaining, substantial assistance, and so on. Federal court statistics from 2003 show that the average sentence given for offenses resolved by guilty plea was 54.7 months, while the average sentence for offenses resolved by trial was 153.7 months.[2]( HOPE THIS HELPS)
