Describe the impact of the six major factors that can influence whether the defendant receives a fair sentence.
The public should expect its criminal justice system to be fair and unbiased in sentencing an offender. There are six factors that can prevent a fair sentence. These factors include: legislation, the judge, prosecutor, defense attorney, jury, and the presentence investigation. The presentence investigation report is important in providing a just sentence. A presentence investigation gathers information about the convicted offender to help the judge determine the appropriate sentence. This report includes the defendant’s employment history, family relationships, and reputation in the community. The judge also might consider a victim impact statement, during which the victim of the crime has an opportunity to speak and influence sentencing.
1. Identify a factor that might avert a fair sentence?
2. What happens during the voir dire process?
3. What type of information is part of the presentence investigation report?
4. At what stage of a trial could a victim impact statement be given?
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