A Judge makes a decision regarding sentencing in criminal matters. Sentencing takes place either immediately after the conclusion of the trial or is set for a later date. Attorneys submit evidence and arguments in support of a desired sentence. Mitigation is offered by defense attorneys in an attempt to achieve a lighter sentence. The Defendant is afforded the opportunity to speak on his or her own behalf during sentencing.
Sentences can take a variety of forms. The Defendant can be sentenced to jail and/or prison time, home incarceration, ordered to pay fines and restitution, subjected to probation, and/or given a suspended sentence. When deciding on a sentence, the Judge considers input from the prosecution, defense, victim, and, if applicable, the probation department. The sentence is based on past criminal history, the nature of the crime, any injuries sustained by the victim, and expressions of guilt or remorse.
