Legal Definitions - penalty phase

The penalty phase is the part of a criminal trial where the judge or jury decides the punishment for a defendant who has been found guilty. This is also known as the sentencing phase.

• In a murder trial, the penalty phase would determine whether the defendant receives the death penalty or life in prison.
• In a drug possession case, the penalty phase would determine the length of the defendant's prison sentence and any fines they may have to pay.

These examples illustrate how the penalty phase is used to determine the appropriate punishment for a defendant based on the severity of their crime.