When the crime is minor most of the time they are given probation or community service or even restitution to be paid to right the wrong that has been done. The criminal statutes is how the courts determine the sentencing of a defendant. If they crime is minor than it is possible that the person will get community service or have to pay restitution. If the crime is more serious or the person has a record than that is how the courts determine sentencing as well.
For example if someone commits a crime and he has a record for the same type of crime committed before than the sentence will be more severe than of someone who has never committed a crime and it is the first offense. This the courts take in account unless the crime is serious and can be sentenced at the courts discretion going by the books. Recommendations on how to modify the sentencing process would be to look at the record of the defendant and also the severity of the crime when sentencing.
If someone has committed a murder or rape than they should get the severest sentence possible even if it is their first time because those crimes are against the people and families have been destroyed because of the crime committed. No good behavior should play in the sentencing of these individuals. They did not think about the victims when they committed the crime so why should the courts give them any consideration when sentencing.