Sentencing in Rhode Island

Introduction to Sentencing

Sentencing refers to the imposition of punishment in a criminal case. A criminal sentence is essentially the punishment that a defendant receives after a finding of guilt, whether by way of an admission or after trial. A sentencing hearing is a court appearance where the defendant receives his or her sentence.

Sentencing in Plea Agreements and Trials

In many instances, especially where the parties have reached a plea agreement, the anticipated sentence is known by the parties and the defendant before a guilty plea or other form of accepting criminal responsibility occurs. In other instances, such as absent an agreement regarding the sentence to be imposed or after a trial that resulted in a guilty verdict, the sentence to be imposed remains unknown, unless and until it is announced by the court.

Objectives of Criminal Sentencing

There are several objectives sought to be achieved by the imposition of a criminal sentence. First, the sentence should punish the defendant for his or her crime. Second, the sentence ought to give society and victims of the crime(s) some retribution against the defendant for the harm his conduct caused. Third, the sentence imposed should be designed specifically to deter the defendant from committing future crimes and generally deter others in society from committing similar crimes. Fourth, the sentence should be fashioned to promote the defendant’s rehabilitation, so that he or she learns from their mistakes and is restored back into society after receiving any necessary medical care, mental health treatment, substance abuse treatment, education, job training, etc. Fifth, the sentence imposed should require the defendant to pay any restitution to the victim(s) of the crime for lost, stolen, or damaged property, or the reimbursement of expenses incurred by the victim as a result of the defendant’s actions.

Factors Considered Before Imposing Punishment

Before imposing punishment, the court must consider several factors. First, the court must consider the maximum punishment, and any applicable mandatory minimum punishment set forth in the law that was violated. Second, the court must consider any sentencing guidelines for the crime that may exist in the jurisdiction where the crime was committed. Sentencing guidelines, where they exist, are not normally binding or required to be followed by a sentencing judge. Judges normally have complete discretion to impose whatever sentence they deem to be appropriate. However, where sentencing guidelines exist, they must at least be considered by the sentencing judge.

The Role of Victim Impact, Criminal History, and Presentence Reports

Third, the court must consider the impact on the victim(s) and community caused by the defendant’s actions. Fourth, the court must consider the defendant’s criminal history, or lack of criminal history. Fifth, the court will consider the contents of a presentence report, which may be authored by the probation department in the applicable jurisdiction, outlining the details of the crime, individual characteristics of the defendant, and victim impact.

Sentencing Recommendations and Defendant’s Statement

Sixth, the court must consider the parties’ sentencing recommendations. Such recommendations may be made in writing, orally before the court, or a combination of in writing and orally. Prosecuting attorneys support their recommendations by highlighting the aggravating facts and circumstances of the crime(s), a defendant’s criminal history, the impact on victims and society from the crime, and sometimes other considerations. Defense attorneys rely on extenuating and mitigating factors related to their clients. Potential factors may include lack of criminal history, family, education, employment, immigration status, military service, physical or mental health conditions, substance abuse history, acceptance of responsibility, prepayment of restitution where applicable, remorse, and any steps taken by the defendant towards self-rehabilitation.

Seventh and lastly, the court must consider anything the defendant elects to say at the time of sentencing. Because of the rights afforded by the 5th Amendment to the United States Constitution, a criminal defendant is not required to make a statement at sentencing, or any other time during a pending case. However, a defendant must be afforded the opportunity to speak, only if he or she voluntarily chooses to do so.

Determining the Terms of a Sentence

Once all factors are taken into consideration, the court will decide upon the terms of a defendant’s sentence. Sentencing terms generally consist of actual time in jail, suspended jail time, probation, payment of fines and/or restitution, and any combination of these terms. Criminal sentences may also include license suspension in motor vehicle crime cases, and sex offender registration and counseling in sex crime cases. Probation is considered court supervision.

Conditions of Probation and Potential Violations

Defendants ordered to serve time on probation may also be ordered to comply with conditions. Conditions of probation may include mandatory drug testing, attendance at substance abuse counseling or treatment sessions, attendance at mental health counseling or treatment, performance of community service, payment of restitution, travel restrictions, internet and digital device use restrictions, seeking and maintaining employment, and others. Defendants on probation are also required to remain on good behavior. If a defendant is charged with a new crime while on probation or accused of failing to comply with an imposed condition of probation, he or she may be exposed to additional punishment for violating probation.

Options After Sentencing: Acceptance and Appeals

Once a criminal sentence is imposed, the defendant may accept the sentence and fulfill its terms. If a defendant is dissatisfied with the sentence received, he or she may file a motion to reduce sentence or a sentencing appeal, depending on the rules of criminal procedure in the jurisdiction where the case is pending. If a defendant is convicted and sentenced after trial, he or she may file a direct appeal with an appellate court to challenge the conviction and/or sentence.