Simple English definitions for legal terms
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A Fatico hearing is a court hearing where both the prosecution and defense can present evidence about what the defendant's sentence should be. It happens during the sentencing phase of a criminal case. The purpose of the hearing is to help the judge make an informed decision about the appropriate punishment for the defendant.
Definition: A Fatico hearing is a type of sentencing hearing in criminal procedure. During this hearing, both the prosecution and defense can present evidence to determine what the defendant's sentence should be. The term comes from the case United States v. Fatico, which was decided by the Second Circuit Court of Appeals in 1979.
Example: Let's say that a defendant has been convicted of a drug-related offense. At the Fatico hearing, the prosecution might present evidence of the amount of drugs involved in the offense, the defendant's criminal history, and any other factors that they believe should be considered in determining the sentence. The defense might present evidence of the defendant's personal circumstances, such as their family situation or employment history, that could mitigate the sentence.
Explanation: The Fatico hearing is an opportunity for both sides to present evidence that could influence the judge's decision on the defendant's sentence. The prosecution might argue for a harsher sentence based on the severity of the crime, while the defense might argue for a more lenient sentence based on the defendant's personal circumstances. The judge will consider all of the evidence presented and make a decision on the appropriate sentence.