Why is there often a huge gap between a person being found guilty of a crime and their sentencing hearing?
Why is there often a huge gap between a person being found guilty of a crime and their sentencing hearing?
I was reading about the crypto bro who was convicted of fraud recently, but his sentencing isn't going to happen until March 2024. Why does it take so long?
Cheers!
Sentencing is a whole process in and of itself. Often consisting its own investigation and witnesses that is intended to help the judge determine what the appropriate sentence will be.
Sentencing often comes with a Sentencing Investigation.
The Judge looks at past criminal records, evidence from the trial, motions from defense attorneys and prosecution and such. It all takes time.
The crypto bro is currently in jail awaiting the sentencing (and second trial with more charges against him) so it's not like he's walking around free.
Judges are busy, it takes a while to schedule any court case. And you generally can't schedule a sentencing before someone is actually found guilty. So if it takes, say 4 months before any case, it takes 4 months between hearing and sentencing too.
I think it depends on several factors:
In most jurisdictions time has to be allowed for the lawyers to examine the judge’s decision (if a judge has made the determination m) in order to decide if they want to appeal. Remember in some places the prosecution can appeal if the defendant was find guilty but not in all counts.
If a jury made the decision then the judge also has to consider sentencing guidelines and weigh the evidence to determine the sentence. This might involve medical reports etc
In some jurisdictions both parties need to make a case for a particular sentence.
So in many cases it’s not as if nothing is happening.
Which country are you asking about?
No one in the replies will tell you the truth so here it is. IF HE WAS POOR IN BE PRISON NOW!
All the nonsense about judges busy etc maybe true but we have a Two teir justice system. Those with money can drag on court Cases even criminal ones for years ( look at Trump)
But be a minority or poor and watch just how fast the halls of justice can be.
So even though most of the replies are correct, they are only correct because the defendant got money.
You and I and no one in these comments would have to wait to be sentence if we were found guilty. Hell might be sentence same fucking day.
He’s in jail awaiting sentencing, though.
While I agree with your premise regarding the dual justice systems depending on class, in this case, the guilty party is in jail here he belongs (but likely not unrelated to the fact that he stole from richer people with more power).
Bankman-Fried had been under house arrest, but prosecutors convinced Judge Lewis A. Kaplan of the Federal District Court in Manhattan that Bankman-Fried had fed documents to the media in order to intimidate a witness in the case. Now Bankman-Fried has to prepare his defense to seven criminal charges from jail.
That was as of August, while the case was ongoing: https://arstechnica.com/tech-policy/2023/08/sam-bankman-fried-is-going-to-jail/
I agree that we have a two tiered justice system.
I don't really agree that this is an example of that.
A: homie isn't walking free. He's in prison waiting to hear exactly how long he'll be in prison.
B: The thing with poor people getting gaps between verdict and sentencing is only a thing because of the scale of crimes involved. Someone rich is going to need to commit way more significant crimes that will require more in depth consideration for the punishment.
If a rich person commits a minor crime they'll almost certainly manage to get off. A poor person is almost certainly going to get a verdict and an immediate sentencing.
The dudes going to spend many years in jail.
He’s just cooling his heels in jail until he learns how much longer he’ll be there.
That is four months time, which is not that long a period in legal spheres.
Not enough court funding