Legal Definitions - presentence hearing

A presentence hearing is a formal court proceeding that takes place after a person has been found guilty of a crime or has pleaded guilty, but before the judge issues the final punishment (the sentence). During this hearing, the judge gathers and reviews all relevant information about the convicted individual and the specific offense. This comprehensive review helps the judge make an informed decision about the most appropriate and just sentence, considering factors such as the severity of the crime, the defendant's background, and the impact on victims. This proceeding is also commonly referred to as a sentencing hearing.

• Example 1: A young adult, Sarah, pleads guilty to a non-violent property crime. Her defense attorney wants the judge to consider her lack of prior criminal history, her enrollment in college, and her genuine remorse.

  Explanation: At the presentence hearing, Sarah's attorney would present evidence of her good character, academic achievements, and efforts to make amends. The judge would review a presentence investigation report detailing her background, and might hear testimony from family members or character witnesses. This information helps the judge decide if a lighter sentence, such as probation with community service, is more appropriate than incarceration, based on her individual circumstances and potential for rehabilitation.

• Example 2: Mark is convicted of a serious assault. The victim, Mr. Henderson, suffered significant physical and emotional trauma.

  Explanation: During the presentence hearing, Mr. Henderson would have the opportunity to deliver a victim impact statement, either in person or through a written submission. This statement would detail how Mark's actions have affected his life, including medical expenses, lost wages, and psychological distress. The judge would carefully consider this information alongside other evidence to understand the full scope of the harm caused by the crime, which could influence the severity of Mark's sentence, potentially leading to a longer prison term or an order for restitution.

• Example 3: A business owner, David, is convicted of multiple counts of financial fraud that impacted numerous small investors. The prosecution argues for a maximum sentence due to the widespread harm and David's calculated deception.

  Explanation: In the presentence hearing, the prosecution would present evidence highlighting the extensive financial losses suffered by the victims and the sophisticated nature of David's scheme. They might call expert witnesses to explain the financial impact or present testimony from several victims. The judge would weigh these aggravating factors, along with any prior white-collar offenses David might have, to determine a sentence that reflects the gravity of the crime and serves as a deterrent, potentially including a lengthy prison sentence and substantial fines or restitution orders.