Sentencing and Post-Trial Motions (Essay Sample)

Sentencing and Post-Trial Motions

Over the last 100 years, there have been a number of changes to sentencing and post-trial motions. One of the most notable changes is the introduction of mandatory minimum sentences (Mascharka, 2000). These are sentences that must be served in full, regardless of the circumstances of the crime or the offender's criminal history. Another significant change is the abolition of parole in many jurisdictions. This means that offenders must serve their entire sentence, with no opportunity for early release. There have also been a number of changes to the types of post-trial motions that are available. For example, appeals are now much more common than they were in the past. Additionally, there has been an increase in the use of habeas corpus petitions to challenge the legality of a sentence. Overall, these changes have resulted in longer sentences and fewer opportunities for early release.
Once a defendant is convicted of a crime, the judge will hold a sentencing hearing. The sentence will be based on the severity of the crime, the defendant's prior criminal history, and any other factors the judge deems relevant. The sentence may include incarceration, probation, fines, and/or community service. After sentencing, the defendant may file post-trial motions with the court. These motions can challenge the conviction or sentence, and must be filed within a certain time period set by law. If the motions are unsuccessful, the defendant can appeal the case to a higher court. When it comes to post-trial motions in criminal court proceedings, there are a few key ones that stand out. These five motions are significant in that they can impact the outcome of a case, and provide relief for the defendant if successful. Below is a brief overview of each motion, along with a relevant example.