Capstone Analysis - Assignment Example

Capstone Analysis al Affiliation) Legal Aspects of Sentencing Easton and Piper, convincingly argue that all s have state sentencing guidelines that decide the conviction process for a defendant. However, the legal aspects of sentencing provide the framework where judges and juries base their inference when dealing with criminal cases. The sentencing phase of a defendant in a criminal case commences after conviction by the judges or the defendant pleads guilty. Legal sentencing is influenced by the type of crime presented to the jury.

In addition, the jury has the discretion to assess the criminal records of the defendant and base the decision in consideration to the circumstances surrounding the case. The jury is bound to offer a sentencing that complies with the policies of the legal system. Sentencing may range from probation, compensating the victim, suspended sentences, community service, and incarceration. Life imprisonment and death penalties are extreme sentences spared for cases involving capital murder.Effects of Legal Factors on Sentencing of Criminals The legal aspects of sentencing aim to mitigate crime by offering guidelines on how the state deals with criminal cases (Schmalleger, 2011).

Criminal law analysts argue that the legal aspects achieve the objectives of sentencing by deterring potential crime on the part of the convict and the public. In addition, the analysts praise the legal factors of sentencing because legal action is taken on criminals. It is viewed that sentencing achieves the objective of maintaining a crime-free state. However, the jury may refer to leniency because it has the discretion to assess the criminal background of the defendant. The legal factors of sentencing aim to achieve both a crime free environment and societal protection.

Altering or Eliminating the Legal Factors of Sentencing It is important to note that every state has specific state sentencing guidelines that are in line with the legal framework for sentencing criminals. The legal aspects of sentencing allows for some flexibility on how the jury handles criminal cases. However, altering or eliminating the legal factors may mean the end of fairness and justice. Such a move may lead to bias and discrimination that overlook the objectives of sentencing.ReferencesEaston, S.

, & Piper, C. (2012). Sentencing and Punishment. Oxford: OUP Oxford.Schmalleger, F. (2011). Criminal justice today. Upper Saddle River, N.J.: Pearson Prentice Hall.