Will the Court Consult Similar Cases When Deciding a Criminal Sentence?

When facing criminal sentencing, a defendant may wonder what factors the trial court will consider in deciding the sentence. In particular, can the court consider sentences imposed in similar cases when deciding a defendant's sentence? 

Statutory Factors That Courts Consider During Sentencing

In Wisconsin, courts must consider three primary factors in exercising their sentencing discretion: the gravity of the offense, the defendant’s character and rehabilitative needs, and the need for protection of the public. In considering those three factors, courts may also evaluate other circumstances, such as:

• Whether the crime involved vicious or aggravated conduct
• The defendant’s criminal record
• Whether the defendant has a history of undesirable behavior
• The defendant’s personality, character, and social traits
• The results of the defendant’s pre-sentence investigation
• The degree of the defendant’s culpability
• The defendant’s demeanor or behavior at trial
• The defendant’s age, education, and employment history
• Whether the defendant has demonstrated genuine remorse for their crime
• The defendant’s cooperation with law enforcement and prosecutors
• The length of the defendant’s pre-trial detention
• The defendant’s need for rehabilitative control
• The rights of the public

Sentencing Guidelines

Wisconsin law establishes guidelines for the length of sentences that state courts can impose for a criminal conviction. For felonies, courts typically must impose a term of imprisonment of at least one year, with the maximum permissible prison term depending on the class of felony. However, the legislature has set different minimum and maximum prison terms for specific crimes. Sentencing maximums may also increase due to aggravating factors, such as repeat offenses, domestic abuse offenses, offenses against vulnerable adults, hate crimes, violent crimes in school zones, or crimes involving offenses. The law also requires courts to impose a term of extended supervision, which must last for at least 25 percent of the length of the prison term.

Can Courts Refer to Other Cases in Fashioning a Sentence?

In a recent case, a criminal defendant challenged the trial court's decision to consult files from comparable criminal cases in determining the defendant's sentence. The Wisconsin Supreme Court concluded that using such information did not violate the defendant's due process rights, noting that due process merely guaranteed that a trial court would sentence a defendant based on reliable information and would disclose the reasons for and objectives of the sentence. The supreme court held that a sentencing court could conduct a broad inquiry in determining a defendant's sentence, including considering the sentences imposed in other cases since referring to such information would promote the policy goal of consistency and uniformity in sentencing. The supreme court further held that sentencing courts were not obligated to provide parties with advance notice that the court would refer to the sentencing details of other cases, regardless of whether the trial judge merely referred to their own memories or read files.

Contact a Criminal Defense Attorney Today

Having experienced legal representation can help you obtain a favorable outcome during sentencing. Call Cohen Law Offices today at (715) 514-5051 for a consultation with a knowledgeable Wisconsin criminal defense lawyer about the sentencing process and to learn what factors courts use to determine a sentence.