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Why does it take so many weeks or months later to sentence some one who has been found guilty in court ?
Reference- Carter texting case in Massachusetts , why is sentencing going to happen almost one and half mo later ?
Just spare everyone the suspense and sentence sooner ?
They have to do stuff beforehand like the pre sentencing report. It's basically an investigation into the convicted person's background, history, mitigating factors, future chance for success. Then the prosecutor gives the judge their recommendations for length of sentence.
It takes awhile bc they have to get records, interview people, etc
Unless it's a mandatory minimum case, the judge is going to use the report to help decide his sentence and the background of the person is important. A first time thief isn't going to be treated like a 5 time thief. That's why the court has a delay in the sentence.
They usually listen to victim impact statements before sentencing, and sometimes the defense puts a psychiatrist on the stand to talk about the perp's childhood, and the perp's family can make statements asking for leniency. This phase often includes information that was not allowed at trial or info which neither side elected to present in the trial phase.
It's usually the jury making the sentencing decision, so they then have to go back and agree. Since the defendant elected to have a bench trial it will be the judge sentencing her. That does seem like a long time for just one person to come to a decision.
Last edited by LillyLillyLilly; 06-18-2017 at 08:55 AM..
They usually listen to victim impact statements before sentencing, and sometimes the defense puts a psychiatrist on the stand to talk about the perp's childhood, and the perp's family can make statements asking for leniency. This phase often includes information that was not allowed at trial or info which neither side elected to present in the trial phase.
It's usually the jury making the sentencing decision, so they then have to go back and agree. Since the defendant elected to have a bench trial it will be the judge sentencing her. That does seem like a long time for just one person to come to a decision.
The jury doesn't make the sentence decision unless it's a death penalty case, even then it's only a recommendation.
Ok, my bad. I was under the impression that the jury does sentencing sometimes.
If they have a choice of first degree, second degree, or manslaughter, do they have the sentencing guidelines provided to them?
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