Criminal convictions often result in a restriction on the defendant’s freedom and a deprivation of the defendant’s liberty. Given the gravity of these consequences, there are multiple procedures the court must follow not only in determining guilt but also in imposing a sentence. Sentencing ranges are an essential component of criminal law. In Missouri, sentencing ranges are found in statutes, and these statutes help trial judges determine what sentence to impose. Unfortunately, these guidelines can be incorrectly applied. If these errors are not addressed at the trial level, the appellate process can provide relief. However, interesting questions arise when the error is not preserved and courts are required to apply plain error review instead of the abuse of discretion standard.
Alec D. Guy,
Uncorrected Injustice: Plain Error Review of Misapplied Sentencing Law,
84 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol84/iss2/9