Sentence for a Crime - Essay Example

The crime should be left up to the legislatures to determine the sentence because; by adopting the sentencing guidelines they bring a fair chance in the old traditional environment. They lower the judge-shopping culture, by getting rid of illogical and disparate sentencing practices. The sentence for a crime should be in the hands of the legislature so that they may determine the crime through sentencing guidelines making the common people more confident that the falcons (many of whom are involved in the illegal business of narcotics) will meet the harsher punishment as they deserve. The uncertain condition that the judges may narrate severe sentences or be lenient becomes out of question with the establishment of sentencing guidelines.

At the same time, this approach has some shortcomings. The sentencing guidelines lead to the loss of good judgment to formulate a criminal sentence that is suitable to the individual because the guidelines inflict mathematical formulae that do not match with human ideas. The judges instead of working mathematically go through the circumstances of the case and the individuals and then decide according to the human conditions. So, I think the judges should have more control over the sentences.

The guidelines reflect political concerns while the judges are away from this. The judges should determine the sentences because they consider many factors at the same time, for example, whether the criminal is a new one or a repeat offender and whether he was just assisting the main offender. The judges also go through the matter to find out under what personal stresses the person has committed the crime. Read More