Reference no: EM134008225

The sentencing decision is a very difficult task for a judge for many reasons. Every case is different even if two individuals commit the same crime the sentencing can be end up being longer or shorter then the other. First, The judge has to look into the intent of the offender. If the offender planned out the crime it could be a longer sentence. Next, the judge will look into the criminal background of the offender, this will see if the offender has multiple charges in the past and they are not changing there criminal behavior. The society impact is also important because the judge has to make sure that society as a whole is safe. Combining all these factors make it hard for a judge to make a sentence that is right for the offender. Another reason is with many high profile cases the public will create there own opinions on the case. This causes challenges for the judge because they could get a lot of backlash from society if they don't agree with the sentencing. Judges also have to make sure they follow legal laws while keeping there opinions on the offender out. This is a challenge because they have to treat each offender fairly no matter what they believe.

The recommendation of a probation officer can affect the judges decision in many ways. The probation officer does a full report on the defendant through there own investigations. This investigations goes into the life of the defendant to see what the best option of punishment there is for them. For example, a probation officer may recommend a treatment center if the defendant is suffering from substance abuse. This report can influence the judges decision becuse they are trained in this area to provide an accurate reccomendation to the judge. This is what can influence a judges decision because they have full knowlege of what is best for the defendant. The probation officers recommendation is important because it allows the judge to look into the needs of the offender. The judge can either agree with the probation officers report or the judge can disagree. At the end of the day, the judge has the final decision on what will happen to the defendant.