SENTENCING

The sentencing phase of a criminal case is the stage that occurs after a defendant has been convicted of a crime. It is the part of the trial process where the court determines the appropriate punishment or sentence for the defendant based on the crime they committed. This phase is distinct from the trial phase, where the defendant’s guilt or innocence is decided. Here’s a breakdown of what typically happens during sentencing:

1. Pre-Sentencing Reports

• Presentence Investigation Report (PSI): Before the sentencing hearing, a probation officer often conducts an investigation to compile a Presentence Investigation Report. This report contains a detailed profile of the defendant, including their criminal history, background, psychological evaluations, and any factors that might influence the sentencing, such as remorse or the impact of the crime on the victims.
• The report also includes recommendations for sentencing based on the nature of the offense, statutory guidelines, and other relevant factors.

2. Sentencing Hearing

• Opening Statements: Both the prosecutor and the defense attorney may make statements to the court outlining their positions on the appropriate sentence. The prosecutor will often advocate for a harsh sentence, reflecting the severity of the crime, while the defense attorney may argue for a lighter sentence based on mitigating circumstances.
• Victim Impact Statements: In many cases, victims or victim’s family members are allowed to speak during the sentencing phase. They can describe the emotional, physical, or financial impact the crime has had on their lives. These statements may influence the judge’s decision on the sentence.
• Defendant’s Statement: The defendant often has the opportunity to speak on their own behalf, expressing remorse, offering an apology, or explaining their actions. This can sometimes affect the court’s decision, especially if the defendant shows genuine contrition.

3. Consideration of Aggravating and Mitigating Factors

• Aggravating Factors: These are circumstances that make the crime more serious and may lead to a harsher sentence. Examples include:
  • The defendant has a prior criminal record.
  • The crime was particularly violent or brutal.
  • The defendant showed a lack of remorse.
  • The crime was committed against a vulnerable person (e.g., a child or elderly person).
• Mitigating Factors: These are factors that may reduce the severity of the sentence. Examples include:
  • The defendant’s age or lack of prior criminal history.
  • The defendant’s mental state or psychological condition at the time of the crime.
  • Evidence of rehabilitation or a history of good behavior.
  • The defendant’s role in the crime (e.g., they played a minor role in a larger conspiracy).

4. Sentencing Guidelines

• Judges often have sentencing guidelines that provide a range of possible sentences based on the severity of the crime and any statutory minimum or maximum penalties. While the judge may have discretion within these guidelines, some crimes, especially those involving mandatory minimum sentences, limit the judge’s flexibility.  Learn More About the Maryland Sentencing Guideline.
• For example, in cases involving drug trafficking, violent crimes, or repeat offenders, mandatory minimum sentences may apply, requiring a judge to impose a certain amount of prison time without the possibility of parole.

5. The Judge’s Decision

• After considering all relevant factors, the judge will issue a sentence. Depending on the case and jurisdiction, possible sentences may include:
  • Imprisonment (either in a local jail, state prison, or federal prison).
  • Probation (a period of supervised release in the community instead of incarceration).
  • Fines or restitution to compensate the victim(s) for their losses.
  • Community service or rehabilitation programs (e.g., drug treatment).
  • Death penalty (in capital cases, where applicable).
• The judge will often explain the rationale behind the sentence, explaining how they considered the crime, the defendant’s background, the impact on victims, and other factors.

6. Appeals and Post-Sentencing Motions

• After sentencing, the defendant has the right to appeal the verdict or sentence if they believe there was an error in the trial process or that the sentence was disproportionate.
• Post-sentencing motions can also be filed, requesting a new trial, a reduction in sentence, or other legal remedies.

7. Victim’s Role After Sentencing

• In some cases, victims may continue to have a voice during the sentencing phase, particularly regarding parole hearings or sentence modifications. For example, victims might be notified or allowed to attend a parole hearing if the defendant is seeking early release.

The sentencing phase is crucial because it determines how the legal system will respond to the defendant’s criminal conduct, balancing the interests of justice, public safety, and the defendant’s rights. The judge’s decision can have a significant impact on the defendant’s future and on society at large.