If the defendant is found guilty, he or she may be tried in the same jury trial in which the defendant was just convicted in. However, depending on the number of crimes the defendant is being tried for or the seriousness of those crimes, the judge may decide to appropriate another day for the sentencing of the defendant. Since the defendant is already convicted, he or she will be in jail until the day of sentencing.
On the day of sentencing, the judge will determine the most applicable form of punishment according to the U.S. sentencing guideline. There are several other factors that play a role in the type of sentencing/ or length of sentencing. The defendants criminal background will be taken into account, his or her remorse for the crime committed, the victims' "pain" or the emotional/physical pain inflicted on the victims' family. The defendants personal background will also be noted, anything significant in the defendants' life will be seen.
Once the judge determines the appropriate sentence, which could include several different courses of treatment depending on the factors listed above and the crime or crimes committed, he or she will enforce the sentence immediately. The defendant may be released on probation and ordered to do community service, or could be sentenced to prison for the rest of their life. No one case is the same, every sentence is applied to each situation accordingly.
Thanks for following my weekly blog on criminal court proceedings. Next week will start a completely new edition of Men in Blue. I hope you are as excited as I am. See you than.