For example, you have some state criminal statutes that require the judge to impose a minimum sentence that is twice the sentence of a first-time offender or at least 25 years for a third conviction for a serious crime. In summary, the main difference between a specific sentence and an indeterminate sentence is the length of time a judge must impose if the former requires a “fixed” prison sentence, while the other gives the judge more flexibility and the time limit is based on a “range”. States that apply certain penalties – including California – do not offer judges the same discretion. However, the courts can still play an important role in sentencing, depending on the statue. In many cases, California law provides for three different lengths of sentence that can be imposed by the court. Given what is at stake after a criminal conviction in California, it is imperative that you consult an attorney immediately after the charges. While your defense attorney`s ultimate goal is to avoid a conviction altogether, sometimes the strongest defense is to argue for a lenient sentence. Your lawyer could work within the law to show that you are facing the lightest sentence allowed by law. While there are some advantages to imposing certain penalties, there can also be some disadvantages. When the judge faces a penalty decision in a criminal case, the law generally provides for three different sentences to choose from.
These are usually referred to as low, medium, and high terms. An indeterminate sentence is a type of sentence that provides for an area where a minimum sentence must be met and where the actual release date of the prisoner can be determined by a parole board. Some sentences, such as life imprisonment or some prison sentences, gained momentum in the 1970s and 1980s. Another perceived advantage is that the sentence is “fixed” and, therefore, the courts have little flexibility to change the sentence depending on the person convicted. 1. “Specific conviction – definition, examples, cases, trial.” Legal Dictionary, June 16, 2017. Available here 2. » Unlimited conviction – definition, examples, cases, trial. Legal Dictionary, June 20, 2017. Available here A specific custodial sentence is when the court sets a fixed duration for the custodial sentence.
For example, if an offender is sentenced to four years in prison, that is the maximum time he could spend in prison, but he will not necessarily spend all his time in prison. Specific and indefinite convictions are two types of criminal convictions Some sentences include a fixed custodial sentence, while an indefinite sentence covers a period of two to five years. What are the advantages and disadvantages of a particular conviction? In contrast, an indeterminate sentence is one that applies for a “period of time” during which the minimum must be served and the inmate may be released at any time during the region. The specific rules that a judge must follow when pronouncing a verdict often depend on whether the charge is a misdemeanor or a felony. While most offenses carry indefinite sentences of up to six months, crimes under the California Penal Code typically carry different penalties. Once a judge or jury renders a guilty verdict, the defendant has certain rights in sentencing. While these rights may be diminished from what a person enjoys at trial, these rights are important in ensuring that an accused is treated fairly. An experienced defense attorney could assert his or her legal rights against a person convicted of a crime throughout the sentence and beyond.
Here are some of these important rights: These rights are an important element in enabling a person convicted of a crime to defend himself. If it is possible to invoke these rights, a defence lawyer could receive a favourable sentence or even an alternative sentence other than imprisonment. Concurrent sentencing means that all sentences are served simultaneously. This means that sentences overlap, significantly reducing the time spent in prison. For example, if an accused is sentenced to three concurrent five-year sentences, he or she will serve all three prison sentences simultaneously when five years have elapsed. What is the difference with indefinite condemnation? A specific sentence is a term of imprisonment or imprisonment of a certain length that cannot be reviewed or varied by a parole board or other authority. The judge has little discretion in sentencing and must comply with the penal directives established by law. Although an indeterminate sentence sentences an accused to a certain number of years, the Parole Board has the discretion to decide when the defendant has served his or her sentence. For example, a person may be sentenced to one to five years, but the Parole Board may review the sentence and determine when the person can be released. Penal Code 669 also establishes the standard penalty for multiple convictions carried out simultaneously. Unless a judge expressly orders that a sentence be consecutive, the state treats the sentence as a concurrent sentence. However, a judge who does not make a recommendation could have an additional 60 days to vary his or her order if he or she is not aware of other criminal proceedings.
In the second case, if the judge is informed of the other conviction and does not take action, the verdicts remain concurrent. When a crime provides for certain penalties, the judge generally does not have much discretion to reach a verdict and must impose on it what the law requires of him. A specific sentence refers to a type of imprisonment or custodial sentence where the convicted offender receives a sentence for a certain number of years that a parole board or other body cannot change or review. A specific conviction refers to a prison sentence for a specific period of time, not for a specific period of time. For example, an offender is sentenced to one year in prison instead of one year. This means that the author must spend the whole year in prison. In other words, he is not eligible for parole. The crucial rule in sentencing is that every accused is entitled to a “meaningful” chance to appeal a verdict.
This prevents the court from signalling its verdict before the verdict is delivered. This means that the judge must not only seize the opportunity to be heard, but must also justify the court`s decision in writing after the verdict has been pronounced. Another factor that could complicate a certain sentence is when an accused is convicted of multiple crimes. This is quite common, as a single criminal act regularly violates various laws. If an accused is convicted of more than one crime, the court must decide whether to serve the sentences simultaneously or consecutively. A particular conviction that requires first-time offenders to spend the vast majority of their sentence behind bars seems like a great idea. After all, the man who was dead and buried in a pile of manure will never return. The downside of this approach, however, is that it adds additional costs to an already overburdened prison system. According to a recent analysis of 25 years of law enforcement data in eight states, including New York, it was found that 88 percent of new correctional funds were spent on housing inmates, where only a small percentage of the prison population is inmated. 70% of incarcerated offenders are in local correctional facilities such as prisons, which receive only about 12% of new criminal funds. This decision is understandable, given that California needs some conviction. In California, many criminal laws require fixed sentences compared to the variable sentences commonly used by other states.