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Sentencing Considerations

By Baker Associates

In the preceding article, I discussed the policy purposes underlying sentencing in Tennessee. This article provides more specific information on the considerations a court must apply when imposing penalties on a defendant?whether the penalty is incarceration, probation, community service or some other alternative sentencing arrangement. When incarceration is considered by the judge as an option, the judge must consider whether confinement is necessary either: to protect society by restraining the defendant who has a long criminal history, to avoid depreciating the seriousness of the offense, or to provide an effective deterrence to others likely to commit similar offenses. The judge must also determine whether measures less restrictive than confinement have frequently or recently been applied unsuccessfully to the defendant...continue to full post

Full post as published by Tennessee Criminal Lawyer Blog on September 10, 2009 (boomark / email).