Recently a reader asked why sentences vary from one person to another. I agreed that different sentences are sometimes given for the same criminal conduct. Sentencing can be complex, but here are some of the factors involved.

There is a sentencing schedule or guideline, which governs felony cases. The SRA Sentencing Reform Act imposes a schedule that controls most felony sentencing. The sentence range a particular defendant is exposed to is based on several factors. Among them are: the crime which is being adjudicated at the time and its seriousness level; whether other crimes are simultaneously being adjudicated; the past criminal history of the defendant which takes into consideration whether some of the criminal history will not be considered, (washed out) due to periods of good behavior, and whether or not certain statutory sanctions are mandatory.

For example, The Hard Time for Armed Crime act requires that certain firearms charges run consecutive to each other. The application of this law results sometimes in very lengthy sentences for one defendant as compared to another.

Occasionally the court will deviate from the guidelines when reasons exist and one or other of the parties ask for it. The deviation may be up or down depending on the situation. There are also DOSA, SOSA, POSA alternatives which the court can impose if it sees fit, (usually over the objection of the prosecution) because these (Drug, Sex, Parental) Offender Sentencing Alternatives greatly reduce the prison time a person will serve. These are treatment alternatives.

In District court, the limitations and guidelines imposed by the SRA are not applicable because this court deals with non-felonies, misdemeanors and gross misdemeanors. (90 and 364 days in jail maximum sentences respectively) The sentencing in District court is much more dependent on the discretion of the court. This means that punishment for gross misdemeanors can sometimes exceed that for a felony. If the SRA guidelines limit a felony to 30 to 90 days in jail, a similar offense classified as a gross misdemeanor might have a maximum of one year. Thus there is often more time available as a sanction for District Court cases than for Superior Court matters. I agree that it is kind of weird, but that is how it is.