The judge decides the sentence but he must follow certain restrictions. The judge cannot increase a sentence, let's say for stealing, that has already been determined as a normal length of time. A jury can decide damages in a civil case, like one million dollars for the loss of a hand while working.
Oftentimes it is solely the judge that makes that decision - HOWEVER - some states have set mandatroy minumum sentences by statute for certain crimes. In those states, and in those circumstances, the judge has no discretion in the matter and must pronounce the sentenceritten into the law by the state legislature. t
No. If the defendant was found not guilty WHAT would the judge sentence them for?
The jury does not directly decide on a death sentence or life sentence. If a defendant is found guilty, there will be a separate sentencing phase where the jury will consider evidence and decide on the appropriate punishment, which could include the death penalty or a life sentence.
The jury found the defendant guilty of willful murder.
The judge is required by law to sentence a charge for the defendant is found guilty of. When defendant is found guilty of multiple felony convictions, the must be sentenced for each one.
Co-defendants can be sentenced differently. They do not have to all be found guilty or not guilty.
The Judge determines the punishment once the verdict has been read and the defendant found guilty.
Sentencing is last step in a criminal prosecution if the defendant is found guilty.
It means the defendant was found guilty but whatever sentence they might have been facing was suspended by the judge.
A defendant is punished after the jury has listened to the evidence during a trial, and decides whether or not the defendant is guilty.Added: After the jury delivers its decision the defendant will be sentenced by the judge according to the applicable law - then - the defendant's "punishment" will commence.
If you are the defendant: you go free.
The defending attorney implored the court to show mercy, but the jury found the defendant guilty and the judge imposed the maximum sentence under the law.
The only thing that will happen is the court case will run on for longer while evidence is viewed. If the defendant is found guilty they may possibly get a longer sentence for taking up more court time.