Legal Definitions - sentencing phase

The sentencing phase, also often referred to as the penalty phase, is a distinct stage in a criminal legal proceeding that takes place after a defendant has been found guilty of a crime. This determination of guilt can come from a jury verdict, a judge's decision, or a defendant's guilty plea.

During the sentencing phase, the court's primary objective is to determine and impose the appropriate punishment or "sentence" on the convicted individual. This process typically involves the presentation of evidence and arguments from both the prosecution and the defense. The prosecution might highlight "aggravating factors" that could warrant a harsher sentence (e.g., the crime involved particular cruelty, or the defendant has a long criminal history), while the defense might present "mitigating factors" that could argue for a lighter sentence (e.g., the defendant's lack of prior offenses, remorse, or difficult personal circumstances).

Here are some examples illustrating the sentencing phase:

• Example 1: Jury Conviction for Robbery

  After a week-long trial, a jury returns a verdict finding Mr. Davies guilty of armed robbery. Once the verdict is read and recorded, the trial moves into the sentencing phase. During this phase, the judge will schedule a hearing where both the prosecutor and Mr. Davies's defense attorney will present arguments and evidence regarding the appropriate punishment. The judge will consider factors such as the severity of the crime, whether a weapon was used, any injuries sustained by the victim, Mr. Davies's criminal record, and any statements from the victim, before deciding on a sentence that could include a specific term of imprisonment, probation, or fines.

• Example 2: Guilty Plea for Embezzlement

  Ms. Chen, accused of embezzling a significant sum from her employer, decides to plead guilty as part of a plea bargain agreement. Even though she admitted guilt, the court still enters a sentencing phase. The judge will hold a hearing to review the details of the plea agreement, consider a pre-sentence investigation report that details Ms. Chen's background and the impact of her crime, and hear arguments from both sides about the appropriate penalty. The judge will then impose a sentence, which might include restitution to the victim, a prison term, or a period of probation, potentially differing from what was initially recommended in the plea agreement.

• Example 3: Capital Murder Trial

  In a state where capital punishment is legal, a jury finds Mr. Thompson guilty of first-degree murder. Following this verdict, the trial immediately transitions into a separate sentencing phase (often explicitly called the "penalty phase" in these cases). During this phase, the same jury hears additional evidence specifically related to whether Mr. Thompson should receive a sentence of life imprisonment without parole or the death penalty. Both the prosecution and the defense present evidence of aggravating circumstances (e.g., the murder was particularly heinous) and mitigating circumstances (e.g., Mr. Thompson had a history of severe mental illness). The jury then deliberates and makes the final decision on the sentence.