digplanet beta 1: Athena
Share digplanet:


Applied sciences






















A sentence is a decree of punishment. In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime. Those imprisoned for multiple crimes will serve a consecutive sentence (in which the period of imprisonment equals the sum of all the sentences), a concurrent sentence (in which the period of imprisonment equals the length of the longest sentence), or somewhere in between, sometimes subject to a cap. Additional sentences include: Intermediate or those served on the weekend (usually Fri-Sun), Determinate or a specific set amount of time (90 days) or Indeterminate which are those that have a minimum and maximum time (90 to 120 days). If a sentence gets reduced to a less harsh punishment, then the sentence is said to have been "mitigated" or "commuted". 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.

Statutes often specify the range of penalties that may be imposed for various offenses, and sentencing guidelines sometimes regulate what punishment within those ranges can be imposed given a certain set of offense and offender characteristics. 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. 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 particular egregious crime would fall upon legislators, but the blame for excessive punishments would fall upon prosecutors.[1]

Sentencing law sometimes includes "cliffs" that result in much stiffer penalties when certain facts apply. For instance, an armed career criminal or habitual offender law may subject a defendant to a significant increase in his sentence if he commits a third offense of a certain kind. This makes it difficult for fine gradations in punishments to be achieved.


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).

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.


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.


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:

Theory Aim of theory Suitable punishment
Retribution Punishment imposed for no reason other than an offense being committed, on the basis that if proportionate, punishment is morally acceptable as a response that satisfies the aggrieved party, their intimates and society.
  • Tariff sentences
  • Sentence must be proportionate to the crime
  • To the individual - the individual is deterred through fear of further punishment.
  • To the general public - potential offenders warned as to likely punishment.
  • Prison sentence
  • Heavy fine
  • Long sentence as an example to others
Denunciation Society expressing its disapproval reinforcing moral boundaries
  • Reflects blameworthiness of offense
Incapacitation — protection of the public Offender is made incapable of committing further crime to protect society at large from crime
  • Long prison sentence
  • Electronic tagging
  • Banning orders
Rehabilitation To reform the offender's behavior
  • Individualized sentences
  • Community service orders
Reparation Repayment to victim(s) or to community
  • Compensation
  • Unpaid work
  • Reparation schemes


Usually the sentence comes after a process in which the deciding organ is put in condition to 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 phases that precede the sentence may vary relevantly and the sentence can be resisted (by both parties) 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).

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.

See also[edit]


  1. ^ William J. Stuntz (Jun 2004), Plea Bargaining and Criminal Law's Disappearing Shadow 117 (8), Harvard Law Review, pp. 2548–2569 

External links[edit]

Original courtesy of Wikipedia: http://en.wikipedia.org/wiki/Sentence_(law) — Please support Wikipedia.
This page uses Creative Commons Licensed content from Wikipedia. A portion of the proceeds from advertising on Digplanet goes to supporting Wikipedia.
705741 videos foundNext > 

CT law to impose 20-year sentence for drone use

Lawmakers in Connecticut recently proposed legislation that would impose a 20-year sentence on people who commit crimes with drones equipped with deadly weap...

Mega Sentence: New UK cyberterrorism law may jail hackers for life

Some in the security industry claim that the new law on cyber terrorism desighned to protect people from cybercrime, can ironically make the Internet less sa...

LAW ABIDING CITIZEN death sentence scene

law abiding citizen capital punishment scene.

Uganda's Anti-Gay Law Could Lead to Life Sentence

Ugandan President Yoweri Museveni on Monday signed an anti-gay bill into law, which could punish those convicted of homosexual acts to 14 years in prison for...

Kamiti Prisoner Serving Life Sentence Obtains Law Diploma

Learned friend, a title that those who chose the legal path know to be an honourable one, one man who cannot wait to join the legal fraternity is a prisoner ...



The International Common Law Court Genocide in Canada - Verdict and Sentence

The final Verdict and Sentence of the International Common Law Court of Justice, in the Case of Genocide in Canada by Church and State - Includes the Court O...

I am Following God's Law With Death Sentence Oshiomhole Says

The governor of Edo State; Adams Oshiomhole has defended the signing of the death warrants on two armed robbers that were condemned to death in Edo state rec...

Turk Explains Legal Loophole May Shorten B.G Prison Sentence

http://www.vladtv.com - In an interview with Mikey T. The Movie Star, former Cash Money artist Turk speaks out on B.G's shortened prison sentence and his rel...

The Imperial Guard Song


705741 videos foundNext > 

4 news items

Bucks County Courier Times
Fri, 22 Aug 2014 16:15:00 -0700

... send the case back to the county court for a new jury to determine whether there was sufficient evidence to sentence Newman to the mandatory sentence, that court instead opted to throw out the entire mandatory sentence law involving the use of ...
Madame Noire
Fri, 22 Aug 2014 10:30:14 -0700

He may get time cut from his sentence after he agreed to a 500-hour “intense” drug treatment program during his eight-year sentence. “Law enforcement sources connected to the case tell us Apollo only got into the program because he has a prior DUI ...
Muskogee Daily Phoenix
Tue, 19 Aug 2014 22:37:30 -0700

A Muskogee woman convicted of trying to hire a hitman to kill her former boyfriend was sentenced Tuesday to prison, even after the boyfriend testified on her behalf. Kenna Lee Morrison, 31, received a 20-year sentence for solicitation of first-degree ...

Deadline Detroit

Deadline Detroit
Wed, 13 Aug 2014 14:20:16 -0700

Wershe was arrested at age 17 and convicted on Jan. 15, 1988 and sentenced to life in prison without parole under a mandatory life sentence law in Michigan. The state law later changed, and in 1999, he was re-sentenced to life with the possibility of ...

Oops, we seem to be having trouble contacting Twitter

Talk About Sentence (law)

You can talk about Sentence (law) with people all over the world in our discussions.

Support Wikipedia

A portion of the proceeds from advertising on Digplanet goes to supporting Wikipedia. Please add your support for Wikipedia!