Are juries involved in sentencing?

Judges, not juries, almost always determine the punishment, even following jury trials. In a very few situations, juries do take part in sentencing decisions—for example, in capital punishment cases juries are typically left with the decision as to whether death is appropriate.

What happens if a jury finds you guilty?

If the jury unanimously finds the defendant guilty on one or more charges, the defendant proceeds to a sentencing hearing on those counts unless the judge grants the defendant’s motion for a new trial (which is done for a variety of reasons when, simply put, the verdict is against the law).

Who decides sentencing?

Judges and magistrates have a vital role in sentencing. They are the people who actually pass sentences, deciding on the appropriate types of sentence and how long they should be. They must work within the laws set by Parliament and follow sentencing guidelines.

How do judges sentence offenders?

A judge must impose a sentence that is sufficient, but not greater than necessary, to: reflect the seriousness of the offense; promote respect for the law; provide just punishment for the offense; adequately deter criminal conduct; protect the public from further crimes by the defendant; and provide the defendant with …

What happens after a jury verdict?

This means each juror will be asked if he or she agrees with the decision, as announced. This is to make sure that the verdict announced is the actual verdict of the jury. After the decision is read and accepted by the court, the jury is dismissed, and the trial is over.

What determines sentencing?

If the defendant is convicted in a criminal case, the judge will set a date for sentencing. In most states and in the federal courts, only the judge determines the sentence to be imposed. (The main exception is that in most states juries impose sentence in cases where the death penalty is a possibility.)