Friday, January 22, 2010

In a federal criminal case, tried in California, who sets the sentence: the judge or jury?

Who determines how long a convict will serve in jail, the judge or the jury?In a federal criminal case, tried in California, who sets the sentence: the judge or jury?
In a federal case, essentially the judge determines the sentence. The jury would convict if it went to a jury trial, but they do not do the sentencing. After conviction, the offender would to go the United States Probation Office to be assigned a Probation Officer to write his presentence report. This report is given to the judge before sentencing. This report has a recommendation for the sentence but ultimately the judge decides the sentence. To answer your second question, again the judge would decide on the type (imprisonment, probation, deportation, etc.) of sentence and how long the offender would be serving the sentence. If sentenced to a term of imprisonment, that is usually followed by a term of supervised release (probation). This is true for any federal criminal case, not just in California. Hope this helps!In a federal criminal case, tried in California, who sets the sentence: the judge or jury?
For every crime, there is a certain range of years that the person can go to prison for. Like you hear on the news, if he is convicted, he faces up to 15 years in prison. In a criminal case, the prosecutors give the judge what they feel the defendant should serve in prison. If the defendant is then found guilty by the jury, the judge has the final say on how long it is. He can go with what the prosecutors wanted, or can be like, well, he doesnt have a criminal record, so i'll give him 11 instead of 13 years.
In a federal criminal case the judge sets the sentence.


The jury distinguish facts and they only set the sentence if the criminal case is of murder.

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