Sentencing is the stage of a criminal case in which the court determines punishment or other legal consequences after conviction. In plain language, it is when the system decides what happens to the defendant after guilt has been established.
Why It Matters
The term matters because criminal cases do not end with a guilty verdict or plea. Sentencing shapes the actual legal consequences, including incarceration, fines, supervision, restitution, and other conditions.
Where It Appears
The term appears after convictions by trial or plea, in sentencing hearings, presentence reports, mitigation arguments, appellate review, and post-conviction proceedings.
Practical Example
A defendant pleads guilty to a felony offense. At sentencing, the court hears argument about the facts, the defendant’s background, and the appropriate punishment before imposing a sentence.
How It Differs From Nearby Terms
- Conviction is the finding of guilt that comes before sentencing.
- Judgment may formally record the result of conviction and sentence together.
- Appeal may later challenge the sentence or the conviction itself.
Related Terms
Knowledge Check
- Does sentencing happen before guilt is established? No. It follows conviction or another valid finding of guilt.
- Is sentencing the same as conviction? No. Conviction establishes guilt, while sentencing determines consequences.