What does the term "sentencing" refer to in the judicial system?

Prepare for the EMCC Criminal Justice Test 2. Utilize flashcards and multiple-choice questions, where each question offers hints and detailed explanations. Get ready to ace your exam!

The term "sentencing" specifically refers to the judicial determination of punishment for a convicted defendant. This process occurs after a defendant has been found guilty of an offense through a verdict in a trial or a plea of guilty. The judge has the discretion to impose a penalty that is appropriate for the crime and considers various factors such as the severity of the offense, the defendant's criminal history, and any mitigating or aggravating circumstances. Sentencing can involve imprisonment, probation, fines, or other forms of rehabilitation or punishment, reflecting society’s needs for justice and deterrence.

Other choices pertain to different stages of the judicial process: the arresting of a defendant is part of pre-trial procedures, the investigation process is crucial in gathering evidence before a trial occurs, and plea bargaining refers to negotiations between the prosecution and defense regarding a guilty plea, which may also occur prior to sentencing but is not related to the determination of the punishment itself. Therefore, option B accurately captures the essence of what sentencing entails within the judicial system.

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