The Prosecutor's Role In Determine The Sentencing Process
THE SENTENCING PROCESS * The hearing
Once the jury has determined the guilt of an offender, the jurors are dismissed and their role in the trial is over. It is now time for the second stage of the trial in which the judicial officer of the court-judge or justice-will determine the sentence imposed. The trial judge will look at many factors when determining a sentence. These factors include; the defendant’s state of mind, his or her criminal record-if any; and addiction the defendant may have, whether he or she has shown any remorse. * Evidence
The only evidence looked at during the sentencing process is that which has been presented at trial. At this time, the judicial officer may take into account prior convictions. * Role of prosecutor
The prosecutor’s role in sentencing is to present to the judicial officer all the relevant info from the case as well as the info about prior convictions and cases related to the defendant. It is their role to ensure that the defendant receives the highest possible sentence. In order to assist this process, they will also tender “victim impact statements” made by the victim or members of the victim’s family, which outline the effects of the crime upon their lives. The prosecutor’s role is also to represent the views …show more content…
An example is that of previous offences being inadmissible at trial. One side of the argument is if the person is a repeat offender then the jury and court should be able to hear that this person ahs committed like offences in the past. Meanwhile, others argue that everyone deserves the right to a fair trial, and if the jury knows the person is a repeat offender then the judgement may be biased or skewed against the offender, and thus the defendant will not receive a fair trial. This is where the balance of individual rights and values and that of the greater good of the community come into
Once the jury has determined the guilt of an offender, the jurors are dismissed and their role in the trial is over. It is now time for the second stage of the trial in which the judicial officer of the court-judge or justice-will determine the sentence imposed. The trial judge will look at many factors when determining a sentence. These factors include; the defendant’s state of mind, his or her criminal record-if any; and addiction the defendant may have, whether he or she has shown any remorse. * Evidence
The only evidence looked at during the sentencing process is that which has been presented at trial. At this time, the judicial officer may take into account prior convictions. * Role of prosecutor
The prosecutor’s role in sentencing is to present to the judicial officer all the relevant info from the case as well as the info about prior convictions and cases related to the defendant. It is their role to ensure that the defendant receives the highest possible sentence. In order to assist this process, they will also tender “victim impact statements” made by the victim or members of the victim’s family, which outline the effects of the crime upon their lives. The prosecutor’s role is also to represent the views …show more content…
An example is that of previous offences being inadmissible at trial. One side of the argument is if the person is a repeat offender then the jury and court should be able to hear that this person ahs committed like offences in the past. Meanwhile, others argue that everyone deserves the right to a fair trial, and if the jury knows the person is a repeat offender then the judgement may be biased or skewed against the offender, and thus the defendant will not receive a fair trial. This is where the balance of individual rights and values and that of the greater good of the community come into