ABA Family Legal Guide

Criminal Justice

Court Procedures

Sentencing of Convicted Criminals

Is the judge the only person who may decide the sentence?

In most states and in federal courts, the judge alone determines the sentence. The exception in some states is those cases in which the defendant may receive the death penalty, in which case the jury, not the judge, must determine whether the death penalty should be imposed. In capital cases, the penalty phase becomes a minitrial of its own, with witnesses commonly testifying about the defendant's character and family upbringing, in an effort to show why he or she should be sentenced in a certain way.