Sometimes this is done immediately after the verdict. The sentence is given by the judge in the case. Usually the state criminal code sets the maximum and minimum sentences for each crime, so the judge has some flexibility in how he or she does the sentencing. The attitude of the defendant, age, and the existence of a prior record usually affects the sentence. A young defendant with no past criminal record and who is clearly sorry for her deeds may be given the lowest possible sentence, while an older defendant with a lengthy criminal record and an “I don’t care” attitude may be given the highest.
