Legal Definitions - presentence hearing

A presentence hearing is a legal proceeding where a judge or jury reviews all the relevant information about a convicted criminal and the related offense before deciding on a sentence. This hearing is also known as a sentencing hearing.

During a presentence hearing, the judge or jury may consider various factors such as the severity of the crime, the defendant's criminal history, and any mitigating or aggravating circumstances. The purpose of the hearing is to ensure that the sentence imposed is fair and just.

John has been convicted of robbery. Before the judge decides on his sentence, a presentence hearing is held. During the hearing, the judge reviews John's criminal history, the details of the robbery, and any other relevant information. The judge may also hear from witnesses or victims. Based on all the information presented, the judge decides on an appropriate sentence for John.

Another example could be a DUI case where the judge reviews the defendant's blood alcohol level, driving record, and any previous DUI convictions before deciding on a sentence.

These examples illustrate how a presentence hearing is a crucial step in the criminal justice system to ensure that the sentence imposed is fair and just based on all the relevant information.