What is sentencing in criminal cases?

Sentencing in criminal cases is the process in which a court or jury determines the penalty for a person who is convicted of a crime. The sentence can vary depending on the severity of the crime, the prior criminal history of the defendant, and other mitigating factors. In Arizona, the majority of criminal cases are presided over by a judge who has the authority to impose the sentence. The sentences can include jail or prison time, restitution, fines, and probation. Though sentencing can be done at the end of a trial, other options include plea agreements, deferred prosecution, or acceptance of responsibility. In Arizona, sentencing can be enhanced in certain cases where aggravating factors exist. Aggravating factors can include a previous conviction, a vulnerable victim, use of a deadly weapon, or a violation of a specific law. The judge or jury can impose a higher jail or prison sentence if these aggravating factors are proven. The court can also impose additional fines or restitution as part of a sentence. In order to obtain a fair sentence, the defense and prosecution will both present evidence or argument to the judge prior to sentencing. This is the sentencing hearing and is a chance for both sides to be heard. The judge in court then has the ultimate discretion to decide on the appropriate punishment for the defendant. The judge must consider the state’s sentencing guidelines and the wishes of the victim if applicable.

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What is sentencing in criminal cases?

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