Who determines the sentence in all cases except death penalty cases?

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In the majority of cases, the judge is responsible for determining the sentence. This is established under the legal principle that after a conviction, it is ultimately the judge who evaluates the facts of the case, considers the applicable laws, and decides the appropriate punishment based on the statutory guidelines.

Judges take into account various factors such as the severity of the crime, the defendant's prior criminal history, any mitigating circumstances, and recommendations from the prosecution and defense during sentencing hearings.

In contrast, while juries might have a role in determining guilt or innocence and in death penalty cases may provide recommendations for sentencing, they do not typically determine sentences in other contexts. Prosecutors play a crucial role in recommending sentences but do not have the authority to impose them. The defendant may express a preference or plea for leniency, but ultimately does not hold the power to decide the sentence. Hence, the judge is the authoritative figure in determining sentences in most cases.

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