How does the Judge figure out what sentence to impose?
There are many factors that affect sentencing. In addition to the maximum fines and periods of incarceration set out above, a judge can impose probation, conditions of probation and order a convicted person to make restitution and perform community service. The judge will consider the nature and seriousness of the offense committed, and all relevant aggravating and mitigating circumstances. Such circumstances may include the age of the defendant, any prior criminal and social history of the defendant, the effect on the victim, the age of the victim, the need to protect the public, the defendant’s ability to make restitution, the defendant’s motive in committing the crime, and the need to deter this defendant and others from committing future offenses. The victim’s input is an important factor in reaching an appropriate sentence. Sometimes a statute establishes the “mandatory minimum” sentence that a judge must impose. For example, a person convicted of reckless conduct with a firearm a
