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Robert Kerin-CCJ-2306-1004-Unit 2

Robert Kerin-CCJ-2306-1004-Unit 2 - Robert Kerin...

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Robert Kerin 10-32-2009 CCJ-2306-1004 Intro to Corrections Unit Two – Homework What types of sentences may a Judge impose? Except for minor offenses, such as infractions, the law gives the judge a great deal of latitude in determining the sentence. The character and circumstances of the defendant can be as important as the severity of the crime determining what sentence will be imposed. Procedurally, the sentence is imposed after a separate hearing, held at least two days after judgment has been rendered by the jury or the judge, unless the defendant waives this right. At the sentencing hearing, both sides have the opportunity to present evidence and testimony to recommend an appropriate sentence. The judge is free to ignore these recommendations, even if the prosecutor and defense counsel have agreed to a sentence as a part of a plea agreement. In that event, the defendant may be allowed to withdraw his/her plea. Presentence Investigation Report   --   The presentence investigator interviews the defendant and often other individuals such as relatives, friends, and employers. With that information, the presentence investigator compiles a social history of the defendant which covers the defendant's education, employment record, family situation, physical and mental health, and community ties. The presentence investigator will also assemble the defendant's prior criminal record, the defendant's version of the facts surrounding the crime, and the police and other witnesses' version of those facts.
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