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Community sentence [1] [2] or alternative sentencing or non-custodial sentence is a collective name in criminal justice for all the different ways in which courts can punish a defendant who has been convicted of committing an offense, other than through a custodial sentence (serving a jail or prison term) or capital punishment (death).
A sentence may consist of imprisonment, a fine, 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. [2]
The exception to this rule occurs when the court determines that such use would violate the ex post facto clause of the Constitution – in other words, if the sentencing guidelines have changed so as to increase the penalty "after the fact", so that the sentence is more severe on the sentencing date than was established on the date that the ...
The life sentences were not served consecutively (back to back) but the multiple periods of parole ineligibility led to a similar result. The longest period of parole ineligibility was 75 years, handed out to four offenders: Justin Bourque (later reduced to 25 years), John Paul Ostamas, Douglas Garland and Derek Saretzky.
The Supreme Court has held that every fact that increases the maximum authorized sentence or minimum mandatory sentence must be named in the charging instrument, submitted to a jury, and proved beyond a reasonable doubt—whether or not statutory law labels that fact as an element of the offense or a sentencing factor. [25]
Very generally, when a sentence, inclduing a life sentence, is consecutive with any other sentence (life or determinate) then the minimum time for consideration of parole is cumulated between the sentences. When sentences are concurrent, the minimum time for parole for the longest applicable sentence is used. For example, consider a state that ...
Unlike Brantley, Price was convicted again on the lesser offense of voluntary manslaughter and given a similar sentence. Price appealed that conviction. The State of Georgia contended that since Price was not convicted on the greater offense at retrial, which was the case in Brantley, the second indictment constituted "harmless error". The ...
1.2 Linking to a sentencing table. 1.3 More examples. 2 Planned enhancements. 3 See also. 4 List of all United States legal citation templates. Toggle the table of ...