Sentencing Arguments in Wisconsin
Criminal Law | Authored by: Myranda G. Sandberg
A Wisconsin judge will determine the ultimate sentence that one will face if convicted of a crime. The judge must consider arguments of:
the State (prosecutors),
the defense attorney,
the defendant speaking on his/her own behalf, and
the results and recommendations of a Pre-Sentence Investigation (PSI).
The judge must make their ruling taking the The Three Cs (factors) into consideration:
- the CRIME that was committed;
- the CHARACTER of the defendant; and
- the protection of the COMMUNITY.
These factors are also referred to as retribution, rehabilitation, and deterrence.
FACTOR ONE: CRIME | RETRIBUTION
The judge will consider the seriousness of the crime but will also consider aggravating and mitigation factors that were involved. For example, the judge may consider:
Cooperation with court officials / attorneys / judge
Respect of police officers during investigation
Number of crimes committed
Mental health status at time of the crime
Steps toward rehabilitation
A crime must have some sort of penalty or punishment; the idea of retribution is that the defendant “owes a debt to society” for acting in the illegal way. That debt can be paid through punishment—or retribution.
*Aggravating factors are those that make the crime more punishable. For example, if you have had three prior convictions for the same crime, this might aggravate the sentence.
*Mitigating factors are those that make the actions more excusable. For example, if you were compliant and truthful with officers throughout the investigation, or if you were struggling with untreated mental health at the time, it might mitigate the circumstances.
FACTOR TWO: CHARACTER | REHABILITATION
For every crime, there is always a real human being behind those actions. This is the factor that gives your defense attorney at Angela Olson Law a chance to paint the picture of who you really are—outside of this criminal action. Some things to consider:
Is the defendant a good person in general?
What kinds of community activities are they involved in?
What are they passionate about?
Does the defendant have a stable job?
Are they in school?
Do they have a criminal history?
Are they in mental health treatment currently?
At the time of the offense?
Before the offense?
Has the defendant been sober? For how long?
What positive support systems does that defendant have?
A defendant is not just a case number, and they are certainly not defined by the way they acted on one particular day (and probably one of their worst days!). Angela Olson Law forms meaningful connections with each client, allowing us to highlight the best parts of defendants’ character throughout the entirety of their criminal proceedings to show the judge that each defendant is capable of rehabilitation.
FACTOR THREE: COMMUNITY | DETERRENCE
Deterrence has two parts: (1) general deterrence and (2) specific deterrence.
General deterrence refers to the message this sentence will send to others who may commit the same crime in the future. Specific deterrence refers to preventing this defendant from re-offending in the future. The judge sends a message to both the community and to the defendant: this crime will not be tolerated.
In other words, a judge must impose a sentence that deters this person from committing this crime again, but also that deters others in the community from committing this crime. For example, if a convicted murderer was only given a fine of $500 as his sentence, others in the community would not be deterred by that punishment and may also commit that crime (since the punishment was not so bad).
Further, this factor considers the likelihood of this defendant’s potential threat to the community in the future. That is, if a defendant has been convicted of Operating While Intoxicated, the judge may consider whether the defendant has undergone and completed alcohol rehabilitation treatment when considering deterrence of potential danger.
THE BEST WAY TO AVOID SENTENCING IS TO AVOID THE CONVICTION.
The experienced criminal defense attorneys at Angela Olson Law are ready to defend your case throughout the entirety of the proceedings. For most defendants, sentencing is the most important part of the case—if they get to that phase of the case. It is important to make sure you have a dedicated criminal defense attorney who understands the important factors that are considered during sentencing and who can easily recognize mitigating circumstances. At any point in your criminal proceedings, the attorneys at Angela Olson Law are ready to provide you with the legal representation you deserve. Please contact our office to schedule a free one-hour consultation: (715) 386-8888.
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