What are the rules of sentencing in criminal cases?

In South Carolina, the court system generally follows the sentencing guidelines established by the South Carolina Sentencing Reform Act. Sentencing generally begins with the court determinining the severity of the crime. In South Carolina, there are five levels of criminal offenses that may result in imprisonment. These range from the lowest Level 1 offenses, which are punishable by no more than thirty days in jail, and Level 5 offenses, which are punishable by life imprisonment or the death penalty. After the severity level is determined, the court may impose a sentence, which is the punishment for the offense. Possible sentences include fines, probation, suspende jail and prison sentences, and community service. The length of any prison sentence imposed is determined by the sentencing guidelines. These guidelines provide ranges for sentencing time, listed as minimum, medium, and maximum, based on the severity of the crime committed and the offender’s criminal history. The court may also order restitution to be paid to any victims of the crime. The court may also order other conditions of probation or parole, such as attending drug treatment programs or restitution payments. Finally, the court may issue a “Stay of Execution.” This allows the court to postpone the execution of certain sentences for a period of time, so the offender can prove he or she is making efforts toward rehabilitation. In sum, South Carolina courts use the Sentencing Reform Act to determine the severity level of the offense and the range of sentences to be imposed. Judges may also order conditions of probation or parole, as well as restitution to be paid to the victims of the crime.

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