A sentencing hearing determines the appropriate sentence for a person found guilty of a crime. Factors such as character witnesses, mitigating and aggravating circumstances, and victim statements are considered. Sentencing guidelines and three strike laws may also affect the outcome.
A sentencing hearing is a special process that follows a formal criminal trial. In a sentencing hearing, a judge or jury determines the appropriate sentence for a person who has been found guilty of a crime. The sentence can be pronounced at the end of the ordinary trial or in a separate judicial proceeding.
When a person is found guilty of a crime, the jury decides only on his guilt or innocence. While some crimes carry standard penalties — for example, capital murder or first-degree murder can carry the death penalty in some states — there is more leeway in sentences in other situations. A sentencing hearing may be conducted to determine a person’s final sentence in situations where the crime itself does not impose an exact penalty.
A number of factors are normally considered in a sentencing hearing. For example, a defendant may present character witnesses or evidence of extenuating circumstances. Mitigating circumstances are those that make a crime seem more understandable or less egregious and suggest that a less severe penalty might be appropriate. A history of being an abused child or an understandable reason for committing the crime, such as hunger or desperation, can be considered extenuating circumstances.
Aggravating factors can also be presented at the sentencing hearing. For example, if the defendant is a repeat offender or if the crime was particularly egregious, this evidence may be presented at the sentencing process. While evidence of past crimes is generally not permitted in a criminal trial where guilt or innocence is determined, it is permitted during the sentencing or sentencing phase of the trial, because a defendant who has previously committed crimes often deserves a conviction stricter in the eyes of the law.
Victims can also speak during a sentencing hearing. They can ask the judge to administer harsher sentences and they can retell their stories for the judge. Their statements, along with any other evidence presented, can play a part in whatever ruling the judge deems appropriate.
In many jurisdictions in the United States, the Model Penal Code has been adopted to provide sentencing guidelines. These guidelines can indicate which types of circumstances require more or less severe penalties within the range of penalties accepted by law. States that have adopted the code give judges less leeway in determining appropriate sentences for criminals. In addition, three strike laws, which provide harsh minimum penalties for third-time repeat offenders, may also dictate the outcome of a sentencing hearing for some defendants.
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