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When the verdict is guilty what does the judge determine?
When the verdict is guilty, the judge determines the defendant's sentence based on the relevant laws and sentencing guidelines. The judge takes into consideration factors such as the nature of the crime, any previous criminal record, and any mitigating or aggravating circumstances. The judge issues a sentence that they deem appropriate based on these factors.
Who determines the sentence in court?
The judge determines the sentence in court based on factors such as the severity of the crime, criminal history of the defendant, and any mitigating or aggravating circumstances presented during the trial or sentencing hearing. The judge considers the applicable laws and sentencing guidelines to determine a fair and just sentence.
When is the sentencing phase?
The sentencing phase in a legal case typically occurs after the trial phase and conviction of a defendant. During this phase, the judge imposes a sentence based on factors such as the nature of the crime, the defendant's criminal history, and any mitigating or aggravating circumstances presented.
What is the difference between the prosecution and counsel for the defence?
The difference between the prosecution and counsel for defence is that the prosecution is the body that is representing the plaintiff who tries to convice the judge/magistrate that the defendant has committed crime while the counsel for defence is the body that is representing the defendant who tries to convince the judge/magistrate that the defendant has not committed any crime.
What is a sample letter asking for leniency from the judge before your sons sentencing?
A sample letter asking for leniency from the judge before your son's sentencing should include a brief introduction explaining your relationship to the defendant and your understanding of the situation. It should then outline any mitigating circumstances or factors that may warrant a more lenient sentence, such as the defendant's remorse, efforts to make amends, or personal struggles. Finally, the letter should respectfully request the judge to consider these factors in determining an appropriate sentence for your son.
What is the difference between a suspended execution of sentence and a suspended imposition?
A suspended execution of sentence is when the judge actually renders a sentence to the defendant, but passes the execution of the sentence on defendant unless they commit another offense. The court will then have the right to impose the original sentence upon the defendant. A suspended imposition of sentence is when the judge does not enter a sentence on defendant and has the right to execute a sentence upon the defendant should they commit another offense.
When the verdict is guilty what does the judge determine?
When the verdict is guilty, the judge determines the defendant's sentence based on the relevant laws and sentencing guidelines. The judge takes into consideration factors such as the nature of the crime, any previous criminal record, and any mitigating or aggravating circumstances. The judge issues a sentence that they deem appropriate based on these factors.
What is a pre-sentencing report?
It is prepared for the sentencing judge so that they can know the background and all pertinent details of the defendant's past life (with particular attention to any criminal history) so that the judge can form a better basis on how best to sentence the defendant after he/she was found guilty.
How long does a suspended sentence last?
A 'suspended sentence' is exactly what the phrase implies. You were found guilty of 'something,' but the judge 'suspended' the imposition of any sentence. End of story. You walk away, although, with a conviction on your record..
Who determines the sentence in court?
The judge determines the sentence in court based on factors such as the severity of the crime, criminal history of the defendant, and any mitigating or aggravating circumstances presented during the trial or sentencing hearing. The judge considers the applicable laws and sentencing guidelines to determine a fair and just sentence.
What evidence does the judge request before sentencing a person?
The judge does not request any "evidence." What they request is the background and criminal history (if any) of the defendant appearing before them for sentencing so that they may make an appropriate judgment on the harshness or leniency of the sentence they will impose.
The jury is instructed by the judge to declare the defendant not guilty if there is any what?
REASONABLE doubt.
What is the only type of trial that is not by jury?
A defendant can request to be tried by the judge alone. He cannot be forced to do this by any governmental power. It is solely the choice of the defendant.
What if a jury cannot agree on the penalty after a guilty verdict?
The jury doesn't dictate the penalty (or sentence) - The Judge decides on the sentence - based on the severity of the crime, the defendant's previous record, and any other mitigating circumstances (such as mental state etc).
When is the sentencing phase?
The sentencing phase in a legal case typically occurs after the trial phase and conviction of a defendant. During this phase, the judge imposes a sentence based on factors such as the nature of the crime, the defendant's criminal history, and any mitigating or aggravating circumstances presented.
What happens after sentencing?
At sentencing, the verdict (decision of the judge or jury) is announced and you can either immediately be taken away to begin your sentence (or pay your fine), or given a certain amount of time to get your affairs in order before you report to jail/prison.
How does Presentence Investigation Report Influence discretion to grant probation?
It gives the judge some insight into the defendants background and past record (if any) on which to base his decision to give a lenient sentence or not, and how likely the defendant is liable to be able to live up to the terms of the light sentence,.
