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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.
The sentence, with certain exceptions in capital cases, is within the sole discretion of the judge, subject to the statutory prescriptions as to the kind and maximum of punishment. It is common practice for juries to add to their verdict, guilty or not guilty , a rider recommending the accused to mercy on the ground of grave provocation ...
Suspended sentences (執行猶予, shikkō yūyo) are common practice in Japan and can be applied in cases where a sentence is for up to three years in prison and/or 500,000 yen in fines. Any criminal activity during the period of the suspended sentence will result in the cancellation of the sentence and imprisonment for the prescribed term. [11]
The effective response to crime has always been a matter of debate. But evidence is mounting in favour of treatment and support, rather than punishment.
In its absence, a sentence but not the conviction may be overturned, resulting in the need for a new sentencing hearing. In the federal system, Federal Rules of Criminal Procedure 32(i)(4) provides that the court must "address the defendant personally in order to permit the defendant to speak or present any information to mitigate the sentence ...
United States v. Bajakajian (1998) is the first and only case in which the Supreme Court has declared a criminal fine constitutionally excessive. There, the government sought the forfeiture of $357,144 from Hosep Krikor Bajakajian solely as a penalty for not declaring that amount to Customs when leaving the country.
A sentence can take a number of forms, such as loss of privileges (e.g. driving), house arrest, community service, probation, fines and imprisonment. Collectively, these sentences are referred to as direct consequences – those intended by the judge, and frequently mandated at least in part by an applicable law or statute.
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