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| Criminal procedure |
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Incriminal law, asentence is thepunishment for acrime ordered by atrial court afterconviction in acriminal procedure,[1] normally at the conclusion of atrial. A sentence may consist ofimprisonment, afine, or other sanctions. Sentences for multiple crimes may be aconcurrent sentence, where sentences of imprisonment are all served together at the same time, or aconsecutive sentence, in which the period of imprisonment is the sum of all sentences served one after the other.[2] Additional sentences includeintermediate, which allows aninmate to be free for about 8 hours a day for work purposes;determinate, which is fixed on a number of days, months, or years; andindeterminate orbifurcated, which mandates the minimum period be served in an institutional setting such as aprison followed by street time period ofparole,supervised release orprobation until the total sentence is completed.[3]
If a sentence is reduced to a less harsh punishment, then the sentence is said to have been mitigated or commuted. Rarely, depending on circumstances,murder charges are mitigated and reduced tomanslaughter charges. However, in certain legal systems, a defendant may be punished beyond the terms of the sentence, through phenomena includingsocial stigma, loss of governmental benefits, or collectively, thecollateral consequences of criminal charges.
Statutes generally specify the highest penalties that may be imposed for certain offenses, andsentencing guidelines often mandate the minimum and maximum imprisonment terms to imposed upon an offender, which is then left to thediscretion of the trial court.[1] However, in some jurisdictions, prosecutors have great influence over the punishments actually handed down, by virtue of their discretion to decide what offenses to charge the offender with and what facts they will seek to prove or to ask the defendant to stipulate to in aplea agreement. It has been argued that legislators have an incentive to enact tougher sentences than even they would like to see applied to the typical defendant since they recognize that the blame for an inadequate sentencing range to handle a particularly egregious crime would fall upon legislators, but the blame for excessive punishments would fall upon prosecutors.[4]
Sentencing law sometimes includes cliffs that result in much stiffer penalties when certain facts apply. For instance, anarmed career criminal orhabitual offender law may subject a defendant to a significant increase in their sentence if they commit a third offence of a certain kind. This makes it difficult for fine gradations in punishments to be achieved.
The earliest use of the term with this meaning was inRoman law, where it indicated the opinion of ajurist on a given question, expressed in written or in oralresponsa. It might also refer to the opinion ofsenators that was translated into thesenatus consultus. Finally, it might also refer to the decision of thebench in both civil and penal trials, as well as the decision of thearbiters inarbitration.
In modern Latin systems, the sentence is mainly the final act of any procedure in which ajudge or body of judges is called upon to express their evaluation. It can therefore be issued in practically any field of law requiring a function of evaluation of something by a judge or judging body.
Sentences are variously classified depending on
| Criminology andpenology |
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Theory |
The sentence meted out depends on the philosophical principle used by the court and what the legal system regards as the purpose of punishment. The most common purposes of sentencing are:
| Theory | Aim of theory | Potential punishment |
|---|---|---|
| Retribution | Punishment imposed for no reason other than an offense being committed, on the basis that ifproportionate, punishment is morally acceptable as a response that satisfies the aggrieved party, their intimates and society. |
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| Deterrence of the individual | The individual is deterred through fear of further punishment. |
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| Deterrence of others | The general public are warned of likely punishment. |
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| Denunciation | Society expressing its disapproval reinforcing moral boundaries |
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| Incapacitation protection of the public | Offender is made incapable of committing further crime to protect society at large from crime. |
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| Rehabilitation | To reform the offender's behavior |
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| Reparation | Repayment to victims or to community |
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In England and Wales, section 142 of theCriminal Justice Act 2003 has specified that in cases involving those over 18, courts should have regard to punishment of the offenders retribution, deterrence, reform and rehabilitation, protection of the public, and reparation to persons affected by their offences.[5]
Usually, the sentence comes at the end of a process in which the presiding judge or judges have been enabled to evaluate whether the conduct in question complies or does not comply with thelaw, and which aspects might be breaches of which specific legislation. Depending on jurisdiction, the stages leading up to the sentence may vary, and the sentence may be challenged by both parties up to a given degree ofappeal. If appealed against, the sentence issued by the highestappellate court to which the case is admitted becomes the definitive sentence. The sentence usually has to be publicly announced; and, in most jurisdictions, has to be justified through an explanation of the juridical reflections and evaluations that lie behind it.
Even a definitive sentence can be annulled in exceptional circumstances, usually predetermined within the jurisdiction in question. Most such cases arise from irregularities found in the judicial process after sentence has been passed. The most extreme examples arise incriminal cases, when conclusive proof of innocence comes to light after sentence has been passed, leading to the sentence's annulment.
In most jurisdictions, underdouble jeopardy legislation, the definitive sentence is unique, in the sense that (except for appeal hearings) no individual can be judged or sentenced more than once for the same actions.
In many jurisdictions,[which?] sentences are asource of law, in that they represent an authoritative interpretation of the law in concrete cases.
The sentence is typically determined by a judge and/or jury, and is issued in the name or on behalf of the superior authority of thestate.
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