Newton hearings

Question 1

What is a Newton hearing and when does it occur?

Answer 1

A Newton hearing happens when a defendant pleads guilty but disputes key facts that impact sentencing, requiring the judge to resolve the factual disagreement.

Question 2

Who decides the outcome in a Newton hearing and to what standard?

Answer 2

The judge decides the factual basis at a Newton hearing, and must be sure beyond reasonable doubt before accepting the prosecution’s version of events.

Question 3

What happens if the judge is not sure of the prosecution’s version of events at a Newton hearing?

Answer 3

If the judge is not sure, the defendant’s version of facts must be accepted for sentencing purposes.

Question 4

Why is a Newton hearing important in sentencing?

Answer 4

It determines which facts the sentence should be based on, which can lead to significantly different starting points in sentencing severity (e.g., spontaneous crime vs crime for financial gain).