Understanding how judges determine a sentence

Part I of series on how sentences are determined

Judge Greg Galler
Legal Columnist

Two people inquired about how sentences are determined in felony cases.  One expressed the opinion that a lot of defendants seem to “walk” from any real penalty.  Understanding how judges determine sentences in felony criminal cases will take more than one column to properly explain.

States generally have one of two different types of sentencing systems.  Some states have “indeterminate” sentencing.  An indeterminate sentencing system sets up a very general range of sentences that a judge may impose.  For example, the penalty for a crime could bring a sentence ranging from 5 to 10 years in prison. A judge could sentence a person to any period of time within that range.

Critics of indeterminate sentencing argue that it leaves too much discretion to the judge.  While judges typically explain the reasons for the sentence that is chosen, there was concern that judges may have unstated reasons that cause them to sentence some defendants to more prison time than others.

Sometimes, they argue, judges may be considering improper grounds such as race, sex, or socio-economic class. Other objections are that some judges would always sentence either more harshly or more leniently than other judges.  This meant that the justice a person received depended more upon which judge imposed the sentence rather than the crime that was committed.

Due to these concerns, some states use a system of “determinate” sentencing.

In states with determinate sentencing, including Minnesota, most discretion in sentencing is taken away from the judge. Sentences are determined according to sentencing guidelines. These guidelines are arranged on a grid.  One side of the grid lists a defendant’s criminal history.

Another side lists the severity level of the offense. Where the two lines meet there is a box. The box contains three numbers. There is a high number, a low number, and a middle number. The spread between the high and low numbers is fairly small. A judge can sentence anywhere within the range without having to give a reason why.  Most cases are sentenced to the number that is the middle of the box. That number is known as the “presumptive sentence.”

A person’s criminal history score is determined, primarily, by the number of felony criminal convictions a person has received. Each felony conviction counts as one point. Additional points, or fractions of points, can be added in for misdemeanor or gross misdemeanor convictions, or for convictions occurring while someone was on probation.

The severity level of offenses is determined by a government commission – the Sentencing Guidelines Commission. The commission has adopted rules to determine how sentences are placed within the grid.  The rules run over 100 pages long.

The sentencing guidelines commission places crimes into the grid based upon the laws passed by the legislature and signed by the governor. Accordingly, the sentences that felony defendants receive are primarily determined by Minnesota’s laws. In the next column I will explain in more detail how the sentencing guidelines grid works.

Greg Galler is a District Court Judge in Washington County. Before that he practiced law in Stillwater. These columns provide general legal information and do not constitute legal advice. If you have a general question about the law or courts for Judge Galler, send your question to the editor of this newspaper. Learn more about Judge Galler at  HYPERLINK “http://www.judgegreggaller.com” www.judgegreggaller.com.