After a defendant is convicted or pleads guilty, a judge will decide on the appropriate punishment (or sentence) during the sentencing phase of a criminal case. Criminal sentencing for criminal offenses can range from probation and community service to prison and even the death penalty. The following resources cover the various factors that influence sentencing, "three strikes" sentencing laws, mandatory minimum sentences, state-specific guidelines and more.
Criminal Sentencing Basics
Sentencing usually takes place almost immediately after convictions for minor infractions and misdemeanors, or when a defendant has pled guilty. In more complex criminal cases, such as those involving serious felonies, the sentencing judge usually receives input from the prosecutor, the defense, and the probation department (which prepares recommendations in a "pre-sentence report").
A judge will consider several factors in determining a criminal sentence, including:
Whether the offender has any criminal history;
Whether the offender was the main offender or an accessory (someone who assists the main offender) or;
Whether the offender was under great personal stress or duress when he or she committed the crime;
Whether anyone was injured or the crime was particularly likely to result in injury;
Whether the offender was particularly cruel to a victim, or particularly destructive, vindictive, etc.; and
Whether the offender displayed remorse or regret.