Safety of the community is an issue for sentencing. Pretty much anything is fair game. Social history of the defendant, wishes of the victim, circumstances of this crime, prior criminal history of the defendant, mental health, possible treatment options, etc etc. For example, if someone has committed 3 crimes…

Juries typically do not sentence, judges do sentencing. After they return a verdict, the juries job is done—they are not even allowed to know what the potential jail time of the charge is. I know this because I’m a criminal trial attorney.