How does criminal sentencing work in the United States generally?

In the United States, sentencing law varies by jurisdiction. Since the US Constitution is the supreme law of the land, all sentences in the United States must conform to the requirements of the Constitution, which sets basic mandates while leaving the bulk of policy-making up to the states.

Who is primarily responsible for handing down criminal sentences?

Despite the continued growth of federal criminal law, the vast majority of criminal sentencing takes place in state and local courts. Except for death penalty cases (which are exceptionally rare), juries generally have little involvement in sentencing, which is typically left to the discretion of the presiding judge. Sentences are typically pronounced by the judge in a separate hearing, after the jury (or other finder of fact) has issued findings of fact and a guilty verdict, and in some cases after the probation department has carried out a pre-sentence investigation. The structure and jurisdiction of courts within a state are typically governed by state law, as are sentences and sentencing guidelines and regimes. There is enormous substantive and procedural difference between the criminal laws of the fifty states and the various federal territories and enclaves.

What happens at a sentencing hearing in Illinois?

Illinois statutory law outlines a specific set of best practices and procedures which allow judges great latitude in sentencing, however certain mitigating factors may be raised by competent counsel which can help to adjust a sentence during the court’s review. Such review will typically take place during the sentencing hearing.