Chapter 1: Sentencing Foundations
The primary objective of this benchbook is to present a comprehensive picture of the dynamic landscape of sentencing in Michigan. This chapter addresses sentencing presumptions in misdemeanor cases, provides a general overview of the legislative sentencing guidelines, and introduces contempt for noncompliance with a sentence. Chapter 2 addresses the scoring of the prior record variables (PRVs) and offense variables (OVs). Chapter 3 addresses sentencing non-habitual offenders, and Chapter 4 addresses sentencing habitual offenders. Chapter 5 discusses factors to consider when imposing a sentence, the imposition of out-of-guidelines sentences, and appellate review of sentences. Chapter 6 addresses the sentencing hearing, including the presentence investigation report, the defendant’s right to allocution, crime victim impact statements, and select post-sentencing issues. Chapter 7 addresses special sentencing considerations, including concurrent and consecutive sentences, sentence credit, plea agreements, and lifetime electronic monitoring. Chapter 8 addresses fines, costs, assessments, and restitution. Chapter 9 addresses specific types of sentences, including probation and deferred sentences. Finally, while the bulk of this benchbook is relevant to felony sentencing, district court sentencing issues are discussed where relevant.
The Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 1 discusses pretrial and trial issues, and the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 3 discusses postjudgment issues.
A comprehensive discussion of the topics contained here as they may (or may not) apply to juveniles is beyond the scope of this book. At times, the book makes general references to the subject matter being discussed and its applicability to juveniles, but it does not contain an exhaustive treatment of any topic as it relates to juveniles. For a detailed discussion of proceedings involving juveniles, see the Michigan Judicial Institute’s Juvenile Justice Benchbook.
All references in this benchbook to “the guidelines” are to the legislative or statutory sentencing guidelines enacted by 1998 PA 317.
This benchbook is not intended to replace the Sentencing Guidelines Manual, a booklet published in various formats by MJI and West Publishing.
Finally, note that the Michigan Judicial Institute has several quick reference materials relevant to sentencing. These materials will be linked throughout this benchbook, and can all be accessed here.