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In law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence generally involves a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime. Those imprisoned for multiple crimes, will serve either a consecutive sentence (in which the period of imprisonment equals the sum of all the sentences) or a concurrent sentence (in which the period of imprisonment equals the length of the longest sentence). If a sentence gets reduced to a less harsh (or "softer") punishment, then the sentence is said to have been "mitigated". Rarely (depending on circumstances) murder charges are "mitigated" and reduced to manslaughter charges. However, in certain legal systems, a defendant may be punished beyond the terms of the sentence, e.g. social stigma, loss of governmental benefits, or collectively, the collateral consequences of criminal charges. Image File history File links Scale_of_justice. ...
Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ...
Headline text The rights of the accused is a class of rights in that apply to a person in the time period between when they are formally accused of a crime and when they are either convicted or acquitted. ...
The Right to a fair trial is an essential right in all countries respecting the rule of law. ...
This article or section does not cite its references or sources. ...
It has been suggested that this article or section be merged with Jury. ...
Presumption of innocence is a legal right that the accused in criminal trials has in many modern nations. ...
In United States constitutional law, the exclusionary rule is a legal principle holding that evidence collected or analyzed in violation of the U.S. Constitution is inadmissible for a criminal prosecution in a court of law (that is, it cannot be used in a criminal trial). ...
Self-incrimination is the act of accusing oneself of a crime for which a person can then be prosecuted. ...
For other uses, see Double jeopardy (disambiguation). ...
In law, a verdict indicates the judgment of a case before a court of law. ...
In criminal law, an acquittal is the legal result of a verdict of not guilty, or some similar end of the proceeding that terminates it with prejudice without a verdict of guilty being entered against the accused. ...
Not proven is a verdict available to a court in Scotland. ...
In U.S. law, a directed verdict is an order from the judge presiding over a jury trial that one side or the other wins. ...
A mandatory sentence is a judicial decision setting the punishment to be inflicted on a person convicted of a crime where judicial discretion is limited by law. ...
A suspended sentence is a legal construct. ...
A custodial sentence is a judicial sentence, imposing a punishment (and hence the resulting punishment itself) consisting of mandatory custody of the convict, either in prison (incarceration) or in some other closed therapeutic and/or (re)educational institution, such as a reformatory, (maximum security) psychiatry or drug detoxication (especially cold...
In the Canadian legal system, the dangerous offender designation allows the courts to impose an indefinite sentence on a convicted person, regardless of whether the crime carries a life sentence or not. ...
Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. ...
An execution warrant is a warrant which authorizes the execution or capital punishment of an individual. ...
“Cruel And Unusual†redirects here. ...
Parole can have different meanings depending on the area and judiciary system. ...
This article or section does not adequately cite its references or sources. ...
Under British criminal law, a tariff is the minimum period that a person serving an indefinite prison sentence must serve before that person becomes eligible for parole. ...
Life licence is a term used in the British criminal justice system for the conditions under which a prisoner sentenced to life in jail may be released. ...
A miscarriage of justice is primarily the conviction and punishment of a person for a crime that he did not commit. ...
Exoneration occurs when a perason waho hars beoen convaicted osf ah crieme irs laeter proved to have been innocent of that crime. ...
This article does not adequately cite its references or sources. ...
Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ...
The law of evidence governs the use of testimony (e. ...
Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action, as opposed to a criminal action). ...
Lady Justice or Justitia is a personification of the moral force that underlies the legal system (particularly in Western art). ...
This article or section does not adequately cite its references or sources. ...
Dorchester Penitentiary in New Brunswick, Canada is an institution that is part of Corrections Canada. ...
FINE was created in 1998 and is an informal association of the four main Fair Trade networks: F Fairtrade Labelling Organizations International (FLO) I International Fair Trade Association (IFAT) N Network of European Worldshops (NEWS!) and E European Fair Trade Association (EFTA) // The aim of FINE is to enable these...
Look up Punishment in Wiktionary, the free dictionary. ...
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ...
Collateral consequences of criminal charges are the results of arrest, prosecution or conviction that are not part of the sentence imposed. ...
History The first use of this word 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 was also the opinion of senators (that was translated into the senatus consultus). It finally was also the decision of the judging organ (both in civil and in penal trials), as well as the decision of the Arbiters (in arbitration). Ordinary Magistrates Extraordinary Magistrates Titles and Honors Emperor Politics and Law Roman law is the legal system of ancient Rome. ...
A jurist is a professional who studies, develops, applies or otherwise deals with the law. ...
The Roman Senate (Latin: Senatus) was the main governing council of both the Roman Republic, which started in 509 BC, and the Roman Empire. ...
Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the arbitrators or arbitral tribunal), by whose decision (the award) they agree to be bound. ...
In modern Latin systems the sentence is mainly the final act of any procedure in which a judge, or more generally an organ is called to express his evaluation, therefore it can be issued practically in any field of law requiring a function of evaluation of something by an organ.
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 organ (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, tribunals, appeals, supreme courts, constitutional courts, etc., meant as the various degrees of judgment 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.
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
Philosophies The sentence meted out depends on the philosophical principle used by the court. The most common philosophies of sentencing are: It has been suggested that Proportional justice be merged into this article or section. ...
Deterrence is a theory of justice whereby the aim of punishment is to prevent or deter future mischief. ...
Denunciation refers to the announcement of a treatys termination. ...
Incapacitation - A criminal justice philosophy that views the primary purpose of the criminal justice system as preventing criminal offenders from committing further crimes against the public by putting them in prison. ...
This theory of punishment is based on the notion that punishment is to be inflicted on a offender so as to reform him, or rehabilitate him so as to make his re-integration into society easier. ...
In the philosophy of justice, reparation is the idea that a just sentence ought to compensate the victim of a crime appropriately. ...
Process Usually the sentence comes after a process in which the deciding organ is put in condition to correctly evaluate whether the analysed conduct complies or not with the legal systems, and eventually which aspects of the conduct might regard which laws. Depending on respective systems, the phasis that precede [precedes?] the sentence may vary relevantly and the sentence can be resisted (by both parties) in front of up to a given degree of appeal. The sentence issued by the Appeal court of highest admitted degree immediately becomes the definitive sentence, as well as the sentence issued in minor degrees that is not resisted by the condemned or by the accusator (or is not resisted within a given time). The sentence usually has to be rendered of public domain (publicatio) and in most systems it has to be accompanied by the reasons for its content (a sort of story of the juridical reflections and evaluations that the judging organ used to produce it). It has been suggested that Mandate (law) be merged into this article or section. ...
A sentence (even a definitive one) can be annulled in some given cases, that many systems usually pre-determine. The most frequent case is related to irregularities found ex-post in the procedure, the most éclatant is perhaps in penal cases, when a relevant (often discharging) proof is discovered after the definitive sentence.
In most systems the definitive sentence is unique, in the precise sense that no one can be judged more than once for the same action (apart, obviously, from appeal resistance).
Sentences are in many systems a source of law, as an authoritative interpretation of the law in front of concrete cases, thus quite as an extension of the ordinary formal documental system.
The sentence is generally issued by the judge in the name of (or on the behalf of) the superior authority of the State. A state is a political association with effective dominion over a geographic area. ...
See also The Sentencing Project promotes more effective and humane alternatives to prison for criminal offenders. ...
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