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During the sentencing phase of a criminal case, the court determines the appropriate punishment for the convicted defendant. In determining a suitable sentence, the court will consider a number of factors, including the nature and severity of the crime, the defendant’s criminal history, the defendant’s personal circumstances and the degree of remorse felt by the defendant. [1]
sentencing:
(1933)
1. The judicial determination of the penalty for a crime. [2] 1. The act of imposing a sentence. [3]
sentence:
n. (14c)
1. Criminal law. The judgment that a court formally pronounces after finding a criminal defendant guilty; the punishment imposed on a criminal wrongdoer <a sentence of 20 years in prison>. See Fed. R. Crim. P. 32. — aka judgment of conviction. — sentence, vb. [2]
1. The judgment of the court in a criminal case. A criminal sentence constitutes the court’s action with respect to the consequences to the defendant of having committed the crime of which she has been convicted. Generally, criminal sentences impose a punishment of imprisonment, probation, fine, or forfeiture, or some combination of these penalties. In some jurisdictions, capital punishment may be imposed in cases involving the commission of a felony of extreme gravity. In some states, depending upon the crime, the jury, rather than the judge, establishes the sentence. [4]
A judgment in a criminal case denoting the acting of a court in formally declaring to the accused the legal consequences of the guilt which he has confessed or of which he has been convicted. State v Fedder, 1 Utah 2d 117, 262 P2d 753. [4]
indeterminate sentencing – (1941) Sentencing that is left up to the court, with few or very flexible guidelines. — aka discretionary sentencing.
mandatory sentencing – (1950) A statutorily specified penalty that automatically follows a conviction for the offense, often with a minimum mandatory term. — aka determinate sentencing; fixed sentencing.
presumptive sentencing – (1976) A statutory scheme that prescribes a sentence or range of sentences for an offense but allows the court some flexibility in atypical cases. [2]
See accumulative sentences; concurrent sentences; consecutive sentences; cumulative sentences; determinate sentence; indeterminate sentence; merger of sentences; minimum sentence; presentence hearing; presentence investigation; split sentence; suspended sentence. [4]
References:
Disclaimer: All material throughout this website is compiled in accordance with Fair Use.
[1]: Justia Criminal Law Stages of a Criminal Case: https://www.justia.com/criminal/docs/stages-of-a-criminal-case.html
[2]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6
[3]: Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine (James Arthur 1871-1949). Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning. ISBN 0-8273-4874-6.
[4]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949). Edited by William S. Anderson. © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY. Library of Congress Catalog Card No. 68-30931
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