Interaction of Sentencing and Conviction:Charges Changed for Fair Sentencing

The relationship between conviction and sentencing has been incorrectly determined and all the followings seem to have become maxims of criminal law:exact conviction is deemed supremacy in criminal law theory;the judiciary spends much on accurate decision of crimes;sentencing is decided by conviction,and sentencing can never affect conviction.However,conviction in the sense of finding out of what offense the accused is guilty is by no means the real purpose of criminal law.What is of greatest significance to the accused and society is sentencing and the sole aim of conviction is to impose punishment fairly.Therefore,whether a regular conviction leads to unfair sentencing,the charges against the accused may be changed for the purpose of fair sentencing.