What occurs during the "sentencing" phase?

During the sentencing phase, the court imposes a penalty on a convicted defendant. This process occurs after the defendant has been found guilty, either through a trial or a plea agreement. The sentencing phase is crucial because it allows the judge to determine the appropriate punishment based on various factors, including the nature of the crime, the defendant's criminal history, and any applicable sentencing guidelines.

The judge may consider recommendations from both the prosecution and the defense when deciding on the sentence. Additionally, the judge may take into account any statements from victims or impact statements that highlight the crime's effect on others. The overall goal during this phase is to ensure that the penalty reflects justice for the crime committed and serves as a deterrent for future offenses.

Understanding this process is key for those studying criminal law, as it emphasizes the role of sentencing in the judicial process and the factors that influence how justice is administered.