Length of Prison Terms
A term of incarceration that exceeds a year is carried out in a state or federal prison. A judge, rather than a jury, determines the length of a defendant's sentence. A judge will use statutory and constitutional provisions to determine the length of the prison term.
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Sentencing
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A prison sentence is either determinate (a fixed statutory term) or indeterminate (falling within a range) and is served either consecutively or concurrently. A judge must sentence a defendant to a determinate sentence when mandated by state law. A judge has discretion, within the guidelines, to determine the actual term of imprisonment. There may be a mandatory minimum and maximum term that the judge must consider. If a judge issues an indeterminate sentence, the judge will sentence the defendant within a range, but the exact length is not yet determined. The prisoner must serve at least the minimum length before becoming eligible for release. The prison, rather than the judge, determines the date of release of the prisoner.
Counts
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If a defendant has been convicted of more than one criminal count, the judge will determine whether the sentences will be served concurrently or consecutively. If concurrent, the prisoner serves both sentences at the same time. If the sentence is consecutive, the prisoner serves each sentence separately with each one following the other. In this circumstance, when the prisoner finishes serving one sentence, the next sentence begins immediately.
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Suspended
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A judge may suspend a sentence. After a defendant is sentenced, a judge can postpone the sentence on an unconditional or conditional basis. An unconditional suspension eliminates the defendant's sentence without any conditions, but it does not erase the conviction from the defendant's criminal record. If the suspension is conditional, the defendant must abide by the terms of the suspension, such as not being arrested for a specific time or participating in a substance abuse program.
Length
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When sentencing a defendant, the judge must refer to the applicable state or federal law in addition to the consideration of other factors. When determining the defendant's sentence, the judge may look at a variety of factors, including whether the defendant is a first-time offender, whether the defendant committed a violent crime and whether the defendant shows signs of remorse for his actions.
The length of a prison term also depends on the type of crime. Crimes that are more serious will result in lengthier sentences. For instance, the sentence for murder ranges from two years to life and a conviction for robbery ranges from one year to over 10 years. Less serious offenses, such as fraud, drug trafficking and weapons offenses, do not normally result in sentences that exceed 10 years.
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