Sentencing Process Define Sentencing Process Pennsyliva New Essay

Sentencing Process

Define sentencing process Pennsyliva New Jersey

The oxford advanced learners' dictionary describes sentencing as, to state that somebody is to have a certain punishment. This essay will start by first giving a broad definition of the sentencing process in the context of two states that include New Jersey and Pennsylvania. Secondly the essay will give a summary of the evolution of the sentencing process and then it will spell out if indeed the reforms have helped reduced recidivism or not. Fourthly before concluding the study will draw out a comparison of the federal and state sentencing process also in the context of the two states and it will seek to affirm which one of the two is better than the other.

The Sentencing Process of Pennsylvania and New Jersey

In both states the sentencing process usually commences when a suspect is apprehended or arrested and it is bound to end at any point not necessarily the up to the time of sentencing, depending on the circumstances and the facts of a case.

When a suspect is first placed under arrest, the first thing an officer does is to inform the suspect of his or her constitutional rights that comprise of the right to obtain the advice from a lawyer and the right to remain silent. Important to note about this stage is that in both states the suspect is allowed by law to make more than one call to either family members or personal attorney, secondly the law requires that a suspect be charged formally with a crime in a specified time duration and if otherwise he or she should be released.

The formal sentencing process begins after one is charged with a crime of which the suspect is booked, and depending on the circumstance of the case and the charge a suspect may be released out of custody while the hearing of the case continues either through bail or through personal recognizance.When the hearing process begins the suspects enters a plea of either guilty, not guilty or no contest. If the plea is for "not guilty" the court will set the terms of the suspect's release or the release will depend on the verdict of the trial. In a case where the suspect enters a plea of guilty or no contest there will be no trial case and the suspect will either be sentenced immediately or in sentencing can be done in the future. When the sentencing is set to be done in the future, the courts in either States will decide if the suspect should be held in custody awaiting the sentencing to begin or whether he or she should be released and ordered to appear for sentencing.

However, it is important to note that for those suspects who have entered a plea of not guilty and the verdicts declares them not guilty the criminal process will end there, but if found guilty the sentencing process will proceed as described above and one shall only be released after he or she clears the period of which he has been sentenced or the release can be ordered by a court of appeal overruling the earlier sentencing.

Evolution of the sentencing process

Berman in his book titled the "Supreme Court Review" is quoted describing the sentencing process in the 19th century and of seventy five years of the 20th century as "a highly discretionary, rehabilitative "medical" model approach to sentencing." In that judges in both the federal and state….....