Criminal Sentencing FAQ

Questions:

• 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?

Answer:

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. And when a statute sets out factual circumstances that can produce a harsher sentence (for example, the use of a weapon in the commission of a crime), a judge cannot impose the harsher punishment unless the jury concludes beyond a reasonable doubt that the circumstances were present.