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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 legislature generally sets a short, mandatory minimum sentence that an offender must spend in prison (e.g. one-third of the minimum sentence, or one-third of the high end of a sentence). The parole board then sets the actual date of prison release, as well as the rules that the parolee must follow when released.
Imprisonment or incarceration 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 considered " false imprisonment ".
Thereafter, if a defendant is incarcerated, the Bureau of Prisons or State Department of Corrections will use information in the report to designate the institution where the offender will serve the sentence and determine the offender's eligibility or need for specific correctional programs. Also, depending on the jurisdiction, the presentence ...
A sentence of probation is considered a final judgment, but it can nonetheless be modified or revoked, corrected, or appealed and modified, pursuant to the applicable law and federal rules of criminal procedure. [45] A defendant can, however, be sentenced to prison on some indictments and be placed on probation for other indictments. [46] [47]
In the United States and Canada, intermittent confinement or weekend jail is an alternative sentence in which a defendant is required to report to a correctional facility for multiple short periods of incarceration, usually during the weekend. This type of sentence allows a defendant to maintain employment and family relationships while ...
Solitary confinement is used on incarcerated individuals when they are considered a danger to themselves or others. It is also used on individuals who are at high risk of being harmed by others, for example because they are transgender, have served as a witness to a crime, or have been convicted of crimes such as child molestation or abuse.
For example, in R v Governor of Brockhill Prison, ex p Evans, [17] it did not matter if the decision to imprison the claimant was in good faith, or considered lawful, it still constituted false imprisonment. False imprisonment does not require a literal prison, but a restriction of the claimant's freedom of movement (complete restraint).