Wednesday, August 31, 2011 The Punishment Must Fit the CrimeA recent Michigan Court of Appeals decision, People v. Brooks, underscored how important it is for sentencing courts to consider both the offender and the crime when determining an appropriate sentence. Michigan has long utilized statutory sentencing guidelines that place restrictions on the sentence that can be imposed in any felony proceeding. These statutes take into account the offender’s criminal history as well as the circumstances of the present offense. After all the factors are considered, the sentencing guidelines will indicate a range in months within which the minimum sentence can be set. The maximum sentence for a crime is always set by statute. A court is only allowed to “depart” from the indicated range for the minimum sentence if there is a substantial and compelling reason that is based on objective and verifiable factors. This is something that should be reserved for exceptional cases where the sentencing guidelines fail to give adequate and proportionate weight to some aspect relevant to sentencing.
In People v. Brooks, the defendant was convicted of statutory entering without breaking. This is a low-severity “Class E” felony that the court equated with trespassing. The offender had 12 prior felony convictions and three prior misdemeanor convictions. He was also on probation at the time of the arrest. Because the sentencing guidelines only accounted for the first four low-severity felonies, the court determined that some upward departure was appropriate given the extent of the defendant’s criminal history. But the fact that some upward departure was appropriate did not condone the life sentence that was imposed.
Even where departure is appropriate, the sentence imposed must still amount to a “principled outcome” in light of the offender and the circumstances. The trial court imposed a life sentence even though the sentencing guidelines indicated less than four years of prison. The highest possible minimum sentence for the offense was just over six years. Therefore, the court determined that the life sentence was disproportionate and outside the bounds of principled outcomes.
If you are facing a felony charge, ask your attorney what the minimum sentencing range might be in your case. Remember that the court can deviate in some cases, but knowing that range may help you to decide whether to take a plea or go on to trial.
* Please note: Every case is different, and there may be some aspect of your particular case which may result in an outcome other than is described above. This post is not intended as legal advice and may not apply to your particular case. It is always best to contact our office for a consultation if you have been or believe you may be charged with a crime. |