Are sentences fair?

[mike93457]

What is the name of your state (only U.S. law)? California

I've pulled cases similar in nature and the sentencing doesn't seem fair. Is it the Judge or the prosecution that sentences the accused?

I found two cases with the same exact counts, and they were both three weeks apart.

One party paid $400 in fines and 125.00 restitution, this person had prior criminal history and more evidence found against him.

Second party paid $7500 in fines and had no priors of any kind. There were less evidence then party one.

Both parties plead guilty to one count(same for both) and the second count was dropped on both, neither went to trial. How is it that the fines could be so different? Party One had a less epensive attorney, Person Two had a high priced high profile attorney, The only difference that I read from the court papers is that Person One is poor and Person Two is Rich, are the courts out to get Money? Does it depend on the Prosecution or the Judge? This just doesn't seem fair, I would think that if both are guilty on the exact same count, the count should carry the same punishment. In reading other cases the fines have been under 500 in all the other cases that I have found, can this person appeal the decision and prove that 7500 is unfair compared to other cases of a similar nature?

Just curious on how the courts work, and who makes the decisions.

 

[CdwJava]

I've pulled cases similar in nature and the sentencing doesn't seem fair. Is it the Judge or the prosecution that sentences the accused?

The term "fair" is subjective and implies a judgment concerning relative value. Most any sentence can be seen as "fair" or "unfair" depending on one's perspective in the matter.

The judge sentences a person using the statutory ranges imposed by law. There is some arbitrary range and action in there, but most of what a judge issues as a sentence is set down under state law and state and local rules of court.

are the courts out to get Money?

That is not their stated goal, no. They are not paid on commission. Sometimes attitude, demeanor, behavior, past actions, etc. can come in to play. What you read may not include all the details of what took place. Plus, you may have read about actions of two separate judges. Even in the same court and department of the court does not always mean the same judge was handling the matter.

This just doesn't seem fair, I would think that if both are guilty on the exact same count, the count should carry the same punishment.

There are variables that a court can take under consideration when considering punishment. Sometimes a judge might hit someone for the max., other times not. If you want to see mechanical equity in sentencing talk to the state legislature about setting automatic sentences for offenses rather than sentencing ranges.

can this person appeal the decision and prove that 7500 is unfair compared to other cases of a similar nature?

They can try. It doesn't mean they will succeed. And an appeal can be expensive. But, if he feels it is worth the expense to roll the dice then he should go for it.

My guess is that the judge felt that party two was capable of paying the max. fine or his attitude was such that a token amount would not send the proper message about the offense. So long as it is within the statutory range, then it is lawful. Party two's attorney can advise on that.

 

[mike93457]

Thanks for taking the time to clear things up, I just didn't think of things the way you explained them, I guess it wouldn't be the same for the Rich person to pay $400, Like you said it wouldn't really get the message across and what would be the point of giving someone a really heavy fine if they aren't going to be able to pay it.,

Thanks again !

 

[garrula lingua]

The attitude of the defendant may account for some differences.
Also, some Judges have no tolerance for certain types of crime & have a reputation of maxing out, so the Prosecutor will only offer high sentences in that court.

Additionally, some lawyers (many high-priced) lack any ability to negotiate with the Prosecutor (some have made their reputations by being confrontational). Why hire a fireball litigator when you wanted a good plea bargain ? It's going to be a bad offer, because the Prosecutor is dying to go to trial with the fireball on a loser case - ergo, crappy offer (which the defendant takes).

The disparity in sentencing is often the result of different Prosecutors, also.

The sentence really is on a case-by-case basis, within the sentencing range. There are some mitigating and some enhancing circumstances, which determine the actual sentence.