There are also violations and infractions, which are the least serious offenses typically punishable by a fine. Offense class. The offense class is a statutory ranking system denoting the severity of the crime based on specific or special circumstances of the offense.
The penal code defines two other offense classes: capital and unclassified. A capital offense is punishable by a death sentence or life in prison without the possibility of release. Unclassified felony and misdemeanor crimes are not specifically classified as class A, B, C, or D; the penalties are identified within the statutory offense definition. Offense degree. The degree of offense is the third way in which the crime severity, circumstances, and criminal responsibility of the defendant are defined for use in charging a defendant with a crime and, upon conviction, imposing a penalty.
Crimes are ranked based on the specific circumstances of the crime as first, second, third, fourth, fifth, or sixth degree with first degree being the most serious.
The primary difference between offense class and degree is that offense degree is used to charge a defendant whereas the classification is used to determine the appropriate penalty based on the statutory sentencing options and ranges. Both are used during the plea bargaining process, which is discussed in the next section of this report, to negotiate a guilty plea and sentence recommendation.
Incarceration sentencing ranges. Table A-1 in Appendix A provides a list of the sentencing guidelines for periods of incarceration for felony and misdemeanor offenses under the determinate sentencing framework.
With some specific exemptions, the minimum and maximum sentencing guidelines for felonies and misdemeanors are:. In addition, there are enhanced penalty options for the general sentencing guidelines and mandatory minimum sentences. These sentencing schemes are discussed below. However, depending on the charges for which the defendant is convicted, a judge has discretion to impose a sentence greater than the mandatory minimum sentence.
A judge may also impose a post-incarceration supervision sanction such as a period of special parole or probation. Table I-1 lists the specific criminal offenses covered by the law. Currently, crimes subject to a mandatory minimum penalty include murder, kidnapping, various types of assault and sexual assault, burglary, weapon use or possession, and driving under the influence of alcohol or drugs DUI.
Table I Mandatory Minimum. Murder other than a capital or felony. Forcible sexual assault in the first degree of victim under Sexual assault in the first degree of victim under 13 if offender is more than 2 years older. Aggravated sexual assault of victim under 16 as per 53a a 1. Kidnapping in the first degree. Jenkins Kidnapping in the first degree with firearm. All other class A felonies other than those listed above and except arson in the first degree.
Manslaughter in the first degree with firearm. Sexual assault in the first degree. Prison term and period of special parole must equal 10 years. Aggravated sexual assault in the first degree. Sexual assault in the second degree of victim under age Sexual assault in the third degree with firearm of victim under age Kidnapping in the second degree.
Jenkins , but penal code requires 3 years. Kidnapping in the second degree with firearm. Burglary in the first degree armed with deadly weapon, explosive, or dangerous instrument. Robbery in the first degree armed with deadly weapon. Computer crime in furtherance of terrorism directed toward public safety agency.
Manslaughter in the second degree with firearm. Sexual assault in the second degree. Sexual assault in the third degree with firearm. Burglary in the second degree with firearm. Hindering prosecution in the first degree. Contamination of public water or food for terrorism. Sale, transfer, distribution, or transport of assault weapon. Subsequent conviction for increasing speed in attempt to allude police officer after being signaled to stop if both convictions involve death or serious physical injury.
Illegal sale or transfer of handgun to minor under Assault in the second degree with firearm. Burglary in the third degree with firearm. Criminal use of firearm or electronic defense weapon during commission of felony. Criminal possession of firearm or electronic defense weapon. Possession of an assault weapon.
Assault in the third degree with deadly weapon. Operating a motor vehicle under the influence of alcohol or drugs DWI :. Operating a vessel boat under the influence of alcohol or drugs DWI :. Sale of drugs under 21a or 21a by non-drug-dependent to minor under 18 who is at least 2 years younger than defendant. Hiring, using, persuading, coercing a minor under 18 to sell drugs. Special parole differs from traditional discretionary parole in two ways: 1 discretionary parole is granted by the Board of Pardons and Paroles and is not within the jurisdiction of the sentencing judge; and 2 discretionary parole is an early release of an inmate from a court-imposed prison term whereas special parole is a period of parole supervision in addition to a prison term.
An inmate can be released on discretionary parole under his or her prison term and then transition into a period of special parole after completing that prison term. The Department of Correction is responsible for supervising parolees released on discretionary parole and special parole.
Source: Connecticut General Statutes. The mandatory minimum sentences for selling drugs to a minor C. The mandatory minimum sentence is served consecutively after the sentence for the underlying crime. Thus, a person convicted for the first time of selling drugs C. Another mandatory minimum penalty enhancement is the addition of an extended period of special parole.
Special parole is a mandatory period of parole supervision imposed by a judge at sentencing rather than a period of parole granted at the discretion of the Board of Pardons and Paroles BPP. Special parole enhancements are a required part of the mandatory minimum sentence for all sexual assault offenses except sexual assault in the second degree.
Case law. In the late s, the Connecticut Supreme Court decided three different cases that directly impacted certain mandatory minimum statutes. No subsequent legislative action has been taken in response to these cases. The penal code identifies the sentence for arson murder C.
Arson murder is an unclassified felony. The Connecticut penal code prohibits the suspension of any part of a sentence for class A felonies, but does not prohibit the suspension of a sentence for an unclassified felony. In , the Connecticut Supreme court held a judge may suspend any portion of the life sentence for arson murder because it is an unclassified felony rather than a class A felony. In , the Connecticut Supreme Court ruled that the mandatory minimum penalties set for kidnapping in the first degree C.
Specifically, the Supreme Court held that the sentence scheme set in the statutes violated the equal protection clause to the United States Constitution because it established higher penalties for less serious crimes. Since the Supreme Court found the mandatory minimum life sentence for arson murder could be suspended, it reasoned so too could the sentence for arson in the first degree C. Presumptive Sentences. Table I-2 lists the offenses subject to presumptive sentencing laws including DUI, sale of illegal drugs, and carrying a handgun without a permit.
When imposing a sentence other than the presumptive mandatory minimum sentence, a judge must state, at the time of sentencing and for the court record, his or her justification for departing from the presumptive minimum penalty and imposing the alternative sentence.
Use, possession, or delivery of drug paraphernalia by non-student near school. Illegal manufacture or sale of the following drugs by non-drug-dependent person:.
Sale of drugs under 21a or 21a by non-drug-dependent person in, at, or within 1, feet of school, public housing, or day care center. Possession of any quantity of the following drugs in, at, or within 1, feet of licensed day care center or school by non-student:. Carrying handgun without permit a. A penalty enhancement authorizes a judge to increase the authorized prison term for an offense based on specific aggravating factors.
The penal code establishes the additional period of incarceration the enhancement that may be added to the sentence for the underlying felony for which a person is convicted. As shown in Table I-3, enhanced penalties are authorized for persons committing a crime while released on bail for a prior offense and persons convicted of carjacking, terrorism, or committing a class A, B, or C felony with a firearm or assault rifle. Persistent offender. Connecticut sentencing law also authorizes enhanced penalties for a person convicted as a persistent offender, which is defined as a serious, habitual offender.
Appendix C provides a detailed listing of the persistent offender categories and the statutory criteria under which a penalty enhancement is authorized. The nine persistent offender categories are:. Penalty Enhancement. Crime except a violation of a condition of bail release committed while on bail for a prior offense. In addition to the sentence for the underlying offense, not more than 10 years for a new felony and not more than 1 year for a new misdemeanor.
Robbery by taking an occupied motor vehicle carjacking. Committing Class A, B, or C felony with assault rifle. Committing Class A, B, or C felony with firearm.
Act of terrorism involving use or threatened physical force or violence intended to intimidate the civilian population or government. Impose the sentence for the next most serious degree of felony for which the defendant is convicted. Section 2. Criminal Case Disposition Process. This section outlines the criminal case disposition process. The process from arraignment to trial and sentencing is not altered for cases in which the defendant is charged with a crime subject to a mandatory minimum penalty.
It is the same as that for all other criminal cases with the exception of cases in which a sentence of life imprisonment or death is being sought. In those cases, extra procedural safeguards are required. With that said, mandatory minimum sentences do impact the plea bargaining process, which is the primary means of disposing of cases.
Only a very small percentage of criminal cases less than 5 percent proceed to trial. Most cases are resolved through plea bargaining. Plea Bargaining Overview. In Connecticut and nationally, the primary objective of plea bargaining is to ensure the criminal trial system, which is expensive and time consuming, is seldom used.
The benefits of a disposition without trial vary and include the efficient management of workloads, a means for prosecutors and judges to guard against appeals, and a means for defendants to avoid the uncertainty of a trial and elude the most severe allowable sentence. Defendants who refuse to negotiate and insist on a trial a constitutional right receive more severe sentences than those who plead guilty.
Finally, some argue plea bargaining in effect discriminates against poor and minority defendants because they receive unduly harsh penalties. Plea bargaining is not really a single decision point or action. It can be viewed as a continuing process of testing the evidence of a crime that begins immediately after arrest at arraignment and can lead to a number of different outcomes: a dismissal; a plea to one or more charges; a plea to the top charge most serious offense or a lesser charge less serious offense ; or a trial.
Plea bargaining is a system of negotiation and a series of decisions, over a period of time, between the prosecutor, the defense counsel, and a judge aimed at reaching a mutually acceptable disposition of the case. It is often difficult to distinguish plea bargaining from the general prosecutorial process.
The defendant, obviously, must also voluntarily and knowingly agree to the plea bargain. As stated, plea bargaining involves at least the prosecutor, defense attorney, judge, and a defendant.
Categories of plea bargain. It is often difficult to differentiate between the types of plea bargains since they are interdependent and have similar outcomes for the system and the defendant. Defendants are often suspected of having committed several crimes as part of the same transaction or over a period of time e. The prosecutor also has discretion to file additional charges with enhanced penalties against defendants who qualify as habitual criminals e. Under a charge bargain, the robbery defendant can plead guilty to the lesser charge of larceny and the robbery, assault, and weapons charges may be dismissed or not prosecuted nolle prosequi 7.
Often times, therefore, the result of plea bargaining is the offense for which a defendant is arrested is different than that for which he or she is subsequently convicted.
Most plea bargaining, however, is really sentence bargaining. In some cases, an understanding is reached regarding the appropriate sentence and then a formal charge is selected that will result in that sentence -- in other words, the crime is made to fit the punishment. The most common way of negating mandatory minimum sentences is through sentencing bargaining.
Once the sentence is agreed upon, the parties determine the charge that will result in the sentence. For example, a guilty plea to a risk of injury to a minor charge not subject to a mandatory minimum penalty precludes the nine-month mandatory minimum sentence for conviction of sexual assault in the second degree.
The prosecutor agreeing not to seek an increased sentence under any of the enhanced penalty laws is also a form of sentencing bargaining. In Connecticut, the process of plea bargaining is not authorized -- or specifically prohibited -- or governed by state law. The rules of the court, found in the Connecticut Practice Book , establish some broad procedures for negotiated case disposition without a trial. For the most part, the day-to-day plea bargaining process has evolved through informal agreements and cooperation between prosecutors, defense attorneys and public defenders, judges and, of course, defendants, who all benefit from negotiated pleas.
The process of plea bargaining, therefore, is heavily influenced by the working relationships between individual prosecutors, defense attorneys, and judges, as well as geographical differences. In general, the rules of the court encourage the prosecutor and defense attorney to attempt to reach a plea bargain. These rules are discussed below.
Once a person is arrested, one of the first decisions for a prosecutor is whether to charge the defendant with a crime and prosecute the case or dismiss the charges and release the defendant.
The Superior Court judge is the neutral arbiter responsible for managing the case disposition process, overseeing plea negotiations, and presiding at trials and other court proceedings in accordance with the federal and state constitutions, state law, and court rules. The judge also has primary responsibility for sentencing in accordance with the state penal code.
Any person charged with a crime is entitled to be represented by a defense attorney. Defendants may hire a private attorney or, if indigent, be appointed a state public defender at no cost. Defendants may also represent themselves without the assistance of legal counsel. Figure II-1 shows the basic case disposition process from arrest to sentencing.
Plea bargaining can take place throughout case disposition from arraignment to trial, but stops once a judge or jury renders a verdict. The process can vary geographically and between individual judges and prosecutors, but the following description is based on procedures set forth in state law and the rules of the court as well as the day-to-day administration of those laws by judges and prosecutors to move cases toward disposition through either dismissal, plea bargaining, or trial.
All persons enter the criminal justice system through an arrest for a crime. Most arrested persons are released from custody on bail while awaiting the disposition of the charges against them. Those who are ineligible for bail or financially unable to post bail are detained in local police lock-ups until arraignment and then in state custody pending disposition of their cases or until they post bond. Arraignment is the first court proceeding for the defendant and is held on the next court date excluding weekends and holidays following arrest.
Arraignment serves three purposes. First, a judge formally advises the defendant of his or her rights. Finally, if there is probable cause to charge the defendant with a crime and the defendant has not previously posted bond and been released by the arresting police agency or a bail commissioner, a judge sets bail. A defendant can plead guilty as part of a negotiated agreement at arraignment.
The benefit to the defendant in pleading guilty at arraignment is in disposing of the case and eliminating further court proceedings. Typically, a judge immediately imposes the sentence, which is most often a fine, unconditional discharge, a diversionary program, or restitution.
Pre-trial proceedings. After arraignment, if the charges are not dismissed or the defendant has not pled guilty, a case moves through a series of pre-trial proceedings for which the defendant is generally required to appear in court. The same judge may not oversee a case as it moves from docket to docket. The primary purpose of the pre-trial process is to resolve a case through a negotiated plea and sentence as quickly as possible.
However, there are reasons for continuing a case during the pre-trial phase including:. At scheduled court dates, judges hold pre-trial conferences in their chambers to discuss the cases. The conferences are informal, and the discussions are not part of the court record. Defendants are not present during the conference.
Barriers to negotiation. The pre-trial process can be more difficult in cases where the defendant is charged with an offense subject to a mandatory minimum sentence. These defendants, wanting to elude the most severe sentence, are often reluctant to agree to a plea bargain involving a mandatory minimum penalty. If the prosecutor refuses to substitute another charge not subject to a mandatory minimum penalty, some defendants choose to proceed to trial, which could expose them to an even longer prison term, but could also result in a not guilty verdict.
The process can be made even more difficult in sexual assault cases because of the sex offender registration requirement. By going to trial, the defendant risks being found guilty and sentenced to an even harsher sentence than the negotiated sentence, but he or she may be found not guilty of the sexual assault charge and thereby avoid any sentence and the requirement to register as a sex offender.
As discussed in Section 1, there is a presumptive penalty for the first DUI conviction and increasingly longer mandatory minimum penalties for the second and third or subsequent DUI convictions. Multiple DUI offenders are dealt with more harshly under the mandatory minimum sentencing laws. This too impacts the plea bargaining process in that offenders are reluctant to accumulate convictions.
Finally, some defendants are incarcerated during the pre-trial phase. However, if facing a long prison term regardless of any possible plea bargain, a defendant may not readily accept a deal and proceed to trial.
As stated, at any point during the pre-trial phase, a defendant can agree to plead guilty and accept the negotiated sentence. A judge must then determine whether the defendant is voluntarily entering his or her plea and fully understands:. Also, a judge cannot accept a negotiated plea of guilty unless there is a factual basis for the plea, which is presented by the prosecution.
However, once a judge finds the defendant knowingly and voluntarily entered a guilty plea and the sentence has been agreed to, he or she may impose the sentence. In some cases, sentencing is postponed, as discussed below. Withdrawing a plea. A defendant may withdraw his or her plea at any time prior to sentencing based on one of the following grounds:.
Judicial oversight of the plea negotiation process continues. Plea bargaining can continue up to and throughout a trial, but stops once a judge or jury renders a verdict. At this stage, a judge also begins to hear any pre-trial motions filed by the state or defense associated with the trial, the results of which can impact plea negotiations.
The trial process is regulated by statute and court rules, which are not discussed in this report. A trial is an adversarial proceeding between the prosecutor and defense attorney with a judge as the neutral arbiter, which is a shift from the plea bargaining process that relies on a measure of cooperation between all three parties.
It is the responsibility of the judge or jury to determine guilt. Case processing standards. Judges follow administrative case processing standards for timely case disposition, as opposed to statutory guidelines. Table II-1 lists the time guidelines for disposing of a case through a negotiated plea or to final disposition with or without trial.
Defendants found guilty after trial are sentenced in accordance with the penal code by the trial judge. As discussed in Section 1, if the offense for which the defendant is found guilty requires a mandatory minimum penalty, the judge must follow that sentence. In day-to-day practice, there are generally accepted penalties for crimes that ensure uniformity, consistency, and fairness in sentencing. Table II Criminal Court Case Processing Standards. Number of Days from Arraignment to Plea.
Number of Days to Disposition. Sentence postponement. A sentence can be imposed at the time the defendant pleads guilty in accordance with a plea bargain. A judge can, however, postpone sentencing for several reasons. Term Which of the following is not one of the goals of contemporary sentencing? Definition restitution. Term Under the U.
Supreme Court cases of U. Definition mandatory. Term Which sentencing goal stresses vengence? Definition retribution. Term Seperating offenders from from the community furthers which sentencing goal? Definition incapacitation. Term Which sentencing goal is closely associated with the phrase, "an eye for an eye? Term Which of the following is one of the more rational sentencing goals?
Definition deterrance. Definition Specific. Term Which sentencing goal attempts to make the victim "whole again? Definition restoration. Definition indeterminate sentence. Term Which of the following is an argument in favor of indeterminate sentencing?
Definition Judicial discretion allows judges to tailor the sentence to the defendant. Term Proportionality demands:. Definition a direct relationship between the severity of the sanctions and the seriousness of the crime. Term Which sentencing practice gives the offender a fixed term that may be reduced by good time or gain time?
Definition determinate. Term The use of court-ordered community service, home detention, day reporting, drug treatment, psychological counseling, victim-offender programming, or intensive supervision in lieu of other more traditional sanctions, such as imprisionment and fines.
Synonyms for arbiter Synonyms adjudicator , arbitrator , judge , referee , umpire Visit the Thesaurus for More. Are arbiter and arbitration arbitrary? First Known Use of arbiter 14th century, in the meaning defined at sense 1. Learn More About arbiter. Time Traveler for arbiter The first known use of arbiter was in the 14th century See more words from the same century.
Style: MLA. Legal Definition of arbiter. History and Etymology for arbiter Latin, onlooker, arbitrator. Get Word of the Day daily email! Test Your Vocabulary. How much actual damage was done? Where did this occur? Was it an accident or intentional? All of these things matter, and courts have considerable discretion in sentencing even within their own state's sentencing guidelines. The word "inequity" means a state of unequal treatment, usually applied to a disparity, injustice, or unfair practice, either actual or perceived.
Example : "The taxpayer complained about the inequity of the city's assessments. A literal sentence is a sentence that uses an actual example of what you are talking about.
For example, he drove down the street at 50 miles per hour is a literal sentence. Referenced to area, it is an area equivalent to the area within a square 1 mile on each side. The shape of the actual form involved is indeterminate without more information. The jury listens to and weighs the evidence presented by the advocates, and decides whether that evidence is sufficient to rule in favor of one party or the other or against the defendant in criminal trials ; the jury actually rules on the case.
In some cases they are allowed to make sentencing recommendations, though the actual sentence received is at the judge's discretion. The actual value of gasoline is 45 cents per liter. The rest is tax and profit that the ordinary people never see. I saw the actual face of a toocan. It was the actual pen used to sign the bill into law.
The actual event didn't start for another three hours. Example sentence - She was arrested for larceny and had to appear before a judge to answer the charges against her. The sentence is a jumbled one for confusion. The actual sentence is, The brown cow ate the grass. No, you should change a number to its word s. The students took a pretest before the actual exam. The buisness was started by an entrepeneur in ! You can't or shouldn't use accidentally, actual, actually, and address in the same sentence, because you'll be repetitive using actual and actually in one statement.
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