How Criminal Sentencing Works FAQ
How judges decide what a convicted criminal defendant's punishment will be.
» Who determines what punishment a convicted defendant receives?
Where can the prescribed punishment for crimes be found?
Do people convicted of the same or similar crimes receive similar sentences?
What factors do judges use in determining sentences?
Can my attorney ask for an alternative sentence?
Who determines what punishment a convicted defendant receives?
Judges, not juries, almost always determine the punishment, even following jury trials. In fact, a common jury instruction warns jurors not to consider the question of punishment when deciding a defendant's guilt or innocence. In a very few situations, juries do take part in sentencing decisions. For example, in capital punishment cases in some states, a judge cannot impose the death penalty in a jury trial unless the jury recommends death rather than life in prison.
Back to top
|
