Sentencing Is The Final Stage Of The Criminal Justice Process

Sentencing is essentially the final stage of the criminal justice process, aside from the appeals process. It is a dual decision-making process that consists of two significant stages. The first stage reflects the decision to grant incarceration or probation upon the accused, while the second stage involves determining the length of a sentence (Neubauer Fradella, 2011). As this discussion focuses on the second stage of the sentencing process, it is important to understand key stakeholders involved at this decision-making point. Most assume that sentencing is strictly a judicial function, however, the executive and legislative branches also have obligations throughout this process. The role of the legislative branch lies in their responsibility to provide sentencing options for the judge, who maintains the authority to select a sentence within these parameters, which is carried out by the executive branch (Neubauer Fradella, 2011). While each branch carries out different duties, more specific courtroom work group actors play a direct role in influencing the sentencing decision imposed by the judge. Presumably, the judge is considered to be the most experienced stakeholder involved in this process, and the most powerful given their legal authority to impose a determined sentence (Neubauer Fradella, 2011). However, their ability to exercise such authority is limited by other courtroom work group actors who obtain further insight on the crime and the criminal (NeubauerShow MoreRelatedThe Framework Of Laws And Rules That Govern The Administration Of Justice1019 Words   |  5 Pageslaws and rules that govern the administration of justice in cases involving an individual who has been accused of a crime. 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