7. Sentencing:

     This page is continued from >>>> Court Proceedings >>>> Criminal Proceedings:


     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]


1. The judicial determination of the penalty for a crime. [2]  1. The act of imposing a sentence. [3]

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]


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[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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