Hudson County Criminal Lawyer Blog
Sentencing Courts must carefully consider all aggravating and mitigating factors.
Following a criminal defendant’s conviction or guilty plea, a judge decides the appropriate punishment at sentencing. A sentence may include incarceration, probation, fines, restitution, community service and participation in rehabilitation programs. However, there may be instances where a judge is able to enhance or reduce a sentence based upon factors specific to the defendant and the crime committed.
Factors that indicate higher culpability, and may result in a harsher sentence, are known as “aggravating” factors. Examples of aggravating factors are: previous convictions, attempts to conceal or dispose of evidence, use of a weapon, targeting vulnerable victims, etc.
In New Jersey, a criminal defendant’s right to a jury trial is guaranteed by both the Sixth Amendment to the United States Constitution and the State Constitution. The principles of fairness and justice are encompassed in the roles assigned to the judge and the jury. The jury, otherwise known as the “finder of fact,” is tasked with determining what happened in a specific case and how those facts are relevant to the legal proceeding. The judge, otherwise known as the “trier of law”, is tasked with making legal rulings and ensuring that legal proceedings adhere to specific guidelines.