law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

, a sentence is the

punishment Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority—in contexts ranging from child discipline to criminal law—as a response and deterrent to a particular acti ...

for a

crime In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definit ...

ordered by a

trial court A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Mos ...

after

conviction In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of "not proven", which is consid ...

in a

criminal procedure Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or ...

, normally at the conclusion of a

trial In law, a trial is a coming together of Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or d ...

. A sentence may consist of

imprisonment Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is "false imprisonment". Imprisonment does not necessari ...

, a

fine Fine may refer to: Characters * Sylvia Fine (''The Nanny''), Fran's mother on ''The Nanny'' * Officer Fine, a character in ''Tales from the Crypt'', played by Vincent Spano Legal terms * Fine (penalty), money to be paid as punishment for an offe ...

, or other sanctions. Sentences for multiple crimes may be a concurrent sentence, where sentences of imprisonment are all served together at the same time, or a consecutive sentence, in which the period of imprisonment is the sum of all sentences served one after the other. Additional sentences include intermediate, which allows an inmate to be free for about 8 hours a day for work purposes; determinate, which is fixed on a number of days, months, or years; and indeterminate or bifurcated, which mandates the minimum period be served in an institutional setting such as a

prison A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correc ...

followed by street time period of

parole Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...

supervised release Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...

probation Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...

until the total sentence is completed. 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 Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...

charges are mitigated and reduced to

manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th cen ...

charges. However, in certain legal systems, a defendant may be punished beyond the terms of the sentence, through phenomena including

social stigma Social stigma is the disapproval of, or discrimination against, an individual or group based on perceived characteristics that serve to distinguish them from other members of a society. Social stigmas are commonly related to culture, gender, rac ...

, loss of governmental benefits, or collectively, the

collateral consequences of criminal charges Collateral consequences of criminal conviction are the additional civil state penalties, mandated by statute, that attach to a criminal conviction. They are not part of the direct consequences of criminal conviction, such as prison, fines, or pro ...

Statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...

s generally specify the highest penalties that may be imposed for certain offenses, and

sentencing guidelines Sentencing guidelines define a recommended sentencing range for a criminal defendant, based upon characteristics of the defendant and of the criminal charge. Depending upon the jurisdiction, sentencing guidelines may be nonbinding, or their applic ...

often mandate the minimum and maximum imprisonment terms to imposed upon an offender, which is then left to the

discretion Discretion has the meaning of acting on one's own authority and judgment. In law, discretion as to legal rulings, such as whether evidence is excluded at a trial, may be exercised by a judge. Some view discretion negatively, while some view it ...

of the trial court.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

tate Tate is an institution that houses, in a network of four art galleries, the United Kingdom's national collection of British art, and international modern and contemporary art. It is not a government institution, but its main sponsor is the U ...

offense is 'punishable' by more than one year in prison, the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

's recent cases require an examination of the maximum sentence possible under the state's

mandatory sentencing Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are inst ...

guidelines."); see also ''Matter of Cota''
23 I&N Dec. 849
852 ( BIA 2005). 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 a

plea agreement A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or '' nolo contendere.'' This may mean that the defendan ...

. 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. Sentencing law sometimes includes cliffs that result in much stiffer penalties when certain facts apply. For instance, an

armed career criminal The Armed Career Criminal Act of 1984 (ACCA) is a United States federal law that provides sentence enhancements for felons who commit crimes with firearms if they are convicted of certain crimes three or more times. If a felon has three or more ...

habitual offender A habitual offender, repeat offender, or career criminal is a person convicted of a crime who was previously convicted of crimes. Various state and jurisdictions may have laws targeting habitual offenders, and specifically providing for enhanced o ...

law may subject a defendant to a significant increase in his sentence if he commits a third offence of a certain kind. This makes it difficult for fine gradations in punishments to be achieved.

History

The earliest use of the term with this meaning was in

Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...

, where it indicated the opinion of a

jurist A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the Uni ...

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 Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the ' ...

. 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, tribunals, appeals, supreme 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 In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

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 *

Deterrence Deterrence may refer to: * Deterrence theory, a theory of war, especially regarding nuclear weapons * Deterrence (penology), a theory of justice * Deterrence (psychology) Deterrence in relation to criminal offending is the idea or theory that t ...

of the individual or of others *

Denunciation Denunciation (from Latin ''denuntiare'', "to denounce") is the act of publicly assigning to a person the blame for a perceived wrongdoing, with the hope of bringing attention to it. Notably, centralized social control in authoritarian states re ...

* Incapacitation *

Rehabilitation Rehabilitation or Rehab may refer to: Health * Rehabilitation (neuropsychology), therapy to regain or improve neurocognitive function that has been lost or diminished * Rehabilitation (wildlife), treatment of injured wildlife so they can be retur ...

* Reparation In England and Wales, section 142 of the

Criminal Justice Act 2003 The Criminal Justice Act 2003 (c. 44) is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland an ...

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.

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

, 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 of

appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...

. If appealed against, the sentence issued by the highest

appellate court A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...

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 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 In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare case ...

legislation, the definitive sentence is unique, in the sense that (with the exception of appeal hearings) no individual can be judged or sentenced more than once for the same actions. In many jurisdictions, sentences are a

source of law Sources of law are the origins of laws, the binding rules that enable any state to govern its territory. The term "source of law" may sometimes refer to the sovereign or to the seat of power from which the law derives its validity. Jurispruden ...

, 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 the

state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...

References

External links

Sentencing (Directgov, England and Wales)
{{DEFAULTSORT:Sentence (Law)