Just about everything that happens in Court involves some
kind of consequences for acts that happened days, months or sometimes years
before, outside of the courtroom. It may
be when one of the parties to a contract that has gone awry seeking damages or
another person seeking damages because of a car accident or allegedly defective
product.
For a judge, the decision of consequences comes up most
often when we are called upon to impose penalties in a criminal sentencing
hearing. We are called upon to consider
just about all aspects of the crime and the defendant’s situation. A presentence investigation (PSI) is prepared
by a probation officer to give the court a surprisingly detailed history of the
Defendant, his or her family, education, work history and often chemical
dependency or psychological evaluations.
The PSI will often give the agent’s recommendations as to what would be
an appropriate sentence.
Even with the recommendations and all the information
provided, there is still a large amount of discretion that judges have in
pronouncing sentence. If a person
convicted of a felony does not go to prison, for instance, how much, if any,
jail time ought he or she serve? Is
there restitution (money to be paid to the victim of a crime) and if so, how
much? What should the fine be? Is treatment for alcohol or drugs
necessary? Should the defendant be
required to attend Alcoholics Anonymous or Narcotics Anonymous?
Having read the presentence investigation and the various reports,
I am ready to conduct the sentencing hearing.
I will first ask if the defendant has any corrections to the PSI that I
should know about. I will then hear from
the prosecuting attorney, sometimes from the victim, the defendant’s attorney
and the defendant.
It is then my turn to speak.
The goal is to fit the punishment to the crime. Sometimes, the defendant and his or her
attorney will say that the defendant has been punished sufficiently
already. They have apologized and truly
feel bad and remorseful for what they have done. Sometimes, they are right.
But sometimes, I recall growing up, the oldest of eight
children. There were lots of apologies
offered in the McCarthy household back then, for slights small and large. If the apology did not fit the misdeed,
Mother would remind us that “Sorry doesn’t make it better.” There was a hurt and it requires a
consequence.
So, I start to speak and do my best to do justice and make
the punishment fit the crime.
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Next Week: A Judge’s
Courtroom Blessing
