There are different developments for criminal offences – read about judgement outcomes in this article.
Possible Judgement Outcomes for Criminal Offences
All crimes are punishable by law, and the offenders should be arraigned in court. The statute provides guidelines on how various types of criminal offenses should be handled. Before a punishment is given to the accused people, the judges handling the case must first prove that the defendant is guilty of committing the offense being charged. The judgment given depends on personal opinion of the judge regarding the intensity of the damage caused. People who commit offenses which cause significant losses to individuals and society are severely punished while those whose acts cause small damages are given a less punishment. The various outcomes of criminal offenses are discussed below, but if you need a separate in-depth research on this topic, go to https://writemypaper.io.
For a dismissal to occur, the defendant must first be proved guilty of committing the offence. However, the magistrate ruling the case decides not to record a conviction against the accused person. The decision is reached after the judge considering many factors like the intensity of the damage and circumstances under which it was committed. This implies that the name of the offender is not entered in the list of criminals.
A discharge occurs when the offender is found guilty of committing an offence. The magistrate records a conviction against the defendant but does not give any other punishment. This may be because the damage caused is minor or the complainant contributed to the occurrence of the activity done by the defendant which ended up causing injuries.
- Adjourned undertaking
This outcome is reached when the magistrate handling a particular case finds the accused person guilty of committing the offence. However, the defendant is released back to the society but under some conditions. He or she must promise before the magistrate to uphold good behavior in the society and not to commit any other offence. If the accused committed the crime as a result of anger or alcohol, the defendant must promise to get alcohol treatment or attend anger management courses to prevent such mistakes from happening again. In this outcome, the court may decide to give the accused a conviction or not.
Fines are the most common punishments given for criminal offences. The amount paid as fine depends on the crime committed and the damage caused. Since not all people are capable of paying the fines given, the accused should communicate to the magistrate in case there would be trouble in paying them. An opportunity can be granted for the penalty to be paid in bits or for the accused to carry out some community work instead of paying the amount. In case the fine is not paid as agreed, a warrant of arrest can be issued for the person.
- Diversion programs
It involves settling the case out of court system. The main reason for diversion programs is to avoid criminal records. However, this outcome is only given for less severe cases. The complainant and defendant may decide to negotiate and reach an agreement or settle the case through a tribunal. The diversion plan may also include agreement to certain conditions by the accused.
A magistrate may decide to jail the accused person if he or she is found guilty of committing the offence, and the crime done is very serious. This outcome may also be reached if the defendant has many previous convictions for having committed the same mistake or others. It involves the convicted person serving sometime in the prison and the sentence given depends on the intensity of the crime. Some offences are so severe to the extent that the accused serves the rest of the life in prison.
- Suspension or license cancellation
These outcomes are mostly related to traffic offences. The license of the driver who has committed an offence on the road may be cancelled. A suspension is given if the mistake was committed as a result of driving under the influence of alcohol. After the suspension period, the accused should go to court to get the license back.
In this outcome, the defendant is instructed to pay compensation to the complainant for the harm caused. The damage may be physical damage, emotional injury or financial loss suffered. The compensation can be paid in the form of money or material.
- Suspended sentences
This occurs when the accused is found guilty and condemned to a jail term. The magistrate may then decide to suspend all the sentences or some of them for up to two years. If a sentence is suspended, the accused should not commit another offence for a period of time which is determined by the magistrate. If a crime is committed within the stipulated time, the suspended sentence is activated and the defendant is sent to jail.
- Community correction orders
This outcome is reached when the magistrate decides that the accused should serve a sentence in the community. It may involve doing community work without payment, being restricted from going to certain areas or undergoing treatment and rehabilitation. The orders given by the court depend on individual needs, the offense committed and other circumstances.