Sentence (law)
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Criminal procedure |
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Criminal trials and convictions |
Rights of the accused |
Verdict |
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Sentencing |
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Post-sentencing |
Related areas of law |
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In
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,
Sentencing law sometimes includes cliffs that result in much stiffer penalties when certain facts apply. For instance, an
History
The earliest use of the term with this meaning was in Roman law, where it indicated the opinion of a jurist on a given question, expressed in written or in oral responsa. It might also refer to the opinion of senators that was translated into the senatus consultus. Finally, it might also refer to the decision of the bench in both civil and penal trials, as well as the decision of the arbiters in arbitration.
In modern Latin systems, the sentence is mainly the final act of any procedure in which a judge 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.
Classification
Sentences are variously classified depending on
- the legal field, or kind of action, or system it refers to:
- civil, penal, administrative, canon, sentence.
- sentences of mere clearance, of condemnation, of constitution.
- the issuing body, typically a monocratic judge or a court, or other figures that receive a legitimation by the system.
- the jurisdiction and the legal competence single judges, courts, constitutional courts, meant as the various degrees of judgement and appeal.
- the content:
- partial, cautelar, interlocutory, preliminar sententia instructoria, definitive sentences.
- sentence of absolutio discharge or condemnatio briefly damnatio, also for other meanings condemnation. The sentences of condemnation are also classified by the penalty they determine:
- sentence of reclusion,
- sentence of fee,
- sententia agendi, sentence that impose a determined action or a series of action as a penalty for the illegal act. This kind of sentence became better developed and remained in wider use in common law systems.
Philosophies
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:
- Retribution
- Deterrenceof the individual or of others
- Denunciation
- Incapacitation
- Rehabilitation
- Reparation
Theory | Aim of theory | Potential punishment |
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Retribution | Punishment imposed for no reason other than an offense being committed, on the basis that if proportionate, punishment is morally acceptable as a response that satisfies the aggrieved party, their intimates and society. |
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Deterrence of the individual
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The individual is deterred through fear of further punishment. |
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Deterrence of others
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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 the Criminal 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]
Process
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 the
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 in criminal cases, when conclusive proof of innocence comes to light after sentence has been passed, leading to the sentence's annulment.
In most jurisdictions, under double 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,[
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 the state.
See also
- Criminal costs
- Criminal sentencing in Canada
- Criminal sentencing in the United States
- English criminal law
- Incapacitation (penology)
- Sentencing disparity
- Sentencing in England and Wales
- Judgment (law)
- Sentencing guidelines
References
- ^ a b See, e.g., United States v. Valencia-Mendoza, ___ F.3d ___, ___, No. 17-30158, p.20-21 & n.4 (9th Cir. Jan. 10, 2019) (stating that courts of appeals "have held that, when determining whether a [state] offense is 'punishable' by more than one year in prison, the Supreme Court's recent cases require an examination of the maximum sentence possible under the state's mandatory sentencing guidelines."); see also Matter of Cota, 23 I&N Dec. 849, 852 (BIA 2005).
- ^ "Consecutive Sentence". Legal Information Institute. Retrieved 2019-02-01.
- 3d Cir. 2004) ("In ordinary usage, 'imprisonment' generally means physical confinement."); Commonwealth v. Conahan, 589 A.2d 1107, 1110 (Pa.1991) (same).
- ^ William J. Stuntz (Jun 2004), Plea Bargaining and Criminal Law's Disappearing Shadow, vol. 117, Harvard Law Review, pp. 2548–2569
- ^ "Criminal Justice Act: Section 142", legislation.gov.uk, The National Archives, 2003 c. 44 (s. 142)