What is the sentencing phase of a Criminal Case?

If the accused (the defendant) is convicted of the crimes that he or she has been charged with, whether through a guilty plea, plea bargain, judge or jury verdict, the punishment is determined at the sentencing phase. When it comes to the punishment phase, a number of different kinds of punishments can be imposed on a criminal defendant including:

• Fines
• County jail (shorter-term)
• Incarceration in prison (longer-term)
• Probation (with or without custody time)
• Payment of restitution to the crime victim
• Community service
• Work alternative programs
• Counseling classes
• Drug and alcohol rehabilitation

In more complex criminal cases, such as those involving serious felonies, the sentencing judge usually receives input from the prosecutor, the defense and the probation department (which prepare a recommendation after a “pre sentence investigation or as it called, a PSI report”). The sentencing judge will also consider punishments and sentencing ranges identified in applicable criminal statutes, as well as a number of case-specific factors, including:

• The defendant’s criminal history.
• The nature of the crime, the way it was committed, the injuries on the victim, use of weapon, age of victim, and overall impact on victims.
• Regret or remorse expressed by the defendant.
• Community support for the defendant.
• Family support for the defendant.
• If restitution has been paid.
• Attendance in treatment or counseling programs.

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