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LSDefine
Simple English definitions for legal terms
sentencing phase
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A quick definition of sentencing phase:
The sentencing phase is the part of a criminal trial where the judge or jury decides what punishment a person who has been found guilty should receive. This is also called the penalty phase. It comes after the guilt phase, where the fact-finder determines whether the person is guilty or not.
A more thorough explanation:
The sentencing phase, also known as the penalty phase, is the part of a criminal trial where the judge determines the punishment for a defendant who has been found guilty. This phase comes after the guilt phase, where the fact-finder determines whether the defendant is guilty or not.
For example, if a person is found guilty of robbery, the sentencing phase will determine the length of their prison sentence, the amount of fines they must pay, and any other penalties they may face.
Another example is in a murder trial. If the defendant is found guilty of murder, the sentencing phase will determine whether they will receive the death penalty or life in prison without parole.
These examples illustrate how the sentencing phase is an important part of the criminal justice system, as it ensures that the punishment fits the crime committed.