For major convictions including felony, sentencing hearing is held in court several weeks or days after the verdict. At such hearing the prosecution usually proposes punishments, while the defense insists on for leniency.
For lesser offences the sentencing may immediately follow the verdict.
Upon conviction, a defendant may be allowed to remain free only until sentencing. Depending on the nature of conviction and the character of the defendant, the court will decide whether the convict will remain free in the meantime. For instance, while the court allows a non violent criminal convicted on minor charges to remain free until sentencing by furnishing a bond, a rapist or murderer is not given such leave.
Within the statutory parameters judges enjoy considerable degree of freedom to customize sentences according to the special requirements of each case.
For major offences like drug trafficking, to indicate one, there are provisions for mandatory minimum sentences which reduce the discretion of the court.
Sentences may be in the form of incarceration, confiscation of property, fines, community service etc.
Under the Eight Amendment punishment shall not be disproportionate to the crime. For instance a person convicted of trespassing and another individual convicted of first degree murder cannot be liable to suffer the same punishment. Cruelty and torture are forbidden under the Eighth Amendment. In many states capital punishment or death penalty is not considered to be cruel for offences of first degree murder. For award of death penalty there must be a separate sentence hearing and the jury must be unanimous in their opinion for capital punishment of the defendant.
