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| Criminal procedure |
|---|
| Criminal trials and convictions |
| Rights of the accused |
| Fair trial · Speedy trial · Jury trial |
| Counsel · Presumption of innocence |
| Exclusionary rule (U. Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. The rights of the accused is a class of rights that apply to a person in the time period between when they are formally accused of a crime and when they are either convicted or acquitted The right to fair trial is an essential right in all countries respecting the Rule of law. Speedy trial refers to one of the rights guaranteed by the United States Constitution to defendants in criminal proceedings Right to counsel is nowadays generally regarded as a constituent of the Right to a fair trial, allowing for the defendant to be assisted by counsel (i The presumption of innocence being innocent until proven guilty is a legal Right that the Accused in Criminal trials has The exclusionary rule is a legal principle in the United States, under constitutional law, that holds that evidence collected or analyzed in violation of S. ) |
| Self-incrimination · Double jeopardy (Not E&W) |
| Verdict |
| Acquittal · Conviction |
| Not proven (Scot. Self-incrimination is the act of accusing oneself of a Crime for which a person can then be Prosecuted. Double jeopardy (non bis in idem is a Procedural defense (and in many countries such as the United States, Canada, Mexico and India In Law, a verdict is the formal finding of fact made by a Jury on matters or questions submitted to the jury by a judge In Criminal law, an acquittal is a verdict of not guilty, or some similar end of the proceeding that terminates it with prejudice without a verdict In Law, a conviction is the Verdict that results when a Court of law finds a Defendant guilty of a Crime. Not proven is a Verdict available to a court in Scotland. Under Scots law, a criminal trial may end in one of three verdicts ) · Directed verdict |
| Sentencing |
| Mandatory · Suspended · Custodial |
| Dangerous offender (Can. In Law, a directed Verdict is ruling by a Judge presiding over a Jury trial typically made after the plaintiff has presented all of her evidence A mandatory sentence is a court decision setting where Judicial discretion is limited by Law. A suspended sentence is a legal construct Unless a minimum punishment is prescribed by law the Court has the power to suspend the passing of sentence (generally A custodial sentence is a judicial sentence imposing a punishment (and hence the resulting punishment itself consisting of mandatory custody of the convict either in prison In Canada, England and Wales, certain convicted persons may be designated as dangerous offenders and subject to a longer or indefinite term of imprisonment E&W) |
| Capital punishment · Execution warrant |
| Cruel and unusual punishment |
| Post-conviction events |
| Parole · Probation |
| Tariff (UK) · Life licence (UK) |
| Miscarriage of justice |
| Exoneration · Pardon |
| Related areas of law |
| Criminal defenses |
| Criminal law · Evidence |
| Civil procedure |
| Portals: Law · Criminal justice |
In law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. An execution warrant or death warrant is a warrant which authorizes the execution of a judgment of death ( Capital punishment) on an individual Parole may have different meanings depending on the field and judiciary system Probation is the suspension of all or part of a jail sentence the Criminal who is "on probation" has been convicted of a crime but instead of serving jail Under the criminal law of England and Wales, a tariff is the minimum period that a person serving an indefinite Prison sentence must serve before that person becomes In the British criminal justice system a life licence specifies the conditions under which a prisoner sentenced to life in jail may be released Exoneration occurs when a person who has been convicted of a Crime is later proved to have been innocent of that crime A pardon is the forgiveness of a crime and the penalty associated with it The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e Civil procedure is the body of law that sets out the process that Courts will follow when hearing cases of a civil nature (a " Civil action " as opposed to Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society A judge, or justice, is an Official who presides over a Court of law The sentence generally involves a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime. A prison, penitentiary, or correctional facility is a place in which individuals are physically confined or interned and usually deprived of a range of FINE was created in 1998 and is an informal association of the four main Fair Trade networks F Fairtrade Labelling Organizations International Punishment is the practice of imposing something unpleasant or aversive on a person or animal usually in response to disobedient or morally wrong behavior A defendant or defender ( Δ in Legal shorthand) is any party who is required to answer the Complaint of a Plaintiff In Law, a conviction is the Verdict that results when a Court of law finds a Defendant guilty of a Crime. In the sociological field, crime is the breach of a rule or Law for which some governing authority or force may ultimately prescribe a Punishment Those imprisoned for multiple crimes, will serve either a consecutive sentence (in which the period of imprisonment equals the sum of all the sentences) or a concurrent sentence (in which the period of imprisonment equals the length of the longest sentence). If a sentence gets reduced to a less harsh punishment, then the sentence is said to have been "mitigated". Rarely (depending on circumstances) murder charges are "mitigated" and reduced to manslaughter charges. Murder is the unlawful killing of another human person with Malice aforethought, as defined in Common Law countries Manslaughter is a legal term for the killing of a human being in a manner considered by law as less culpable than Murder. 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. Collateral consequences of criminal charges, known as the " Four C's " in legal parlance, are the results of Arrest, Prosecution or conviction
Contents |
History
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. Roman law is the legal system of Ancient Rome. As used in the West the term commonly refers to legal developments prior to the Roman/Byzantine state's adopting JURIST is an online legal news service hosted by the University of Pittsburgh School of Law, written by founder Professor Bernard Hibbitts and a staff of more than It was also the opinion of senators (that was translated into the senatus consultus). The Roman Senate was a political institution in Ancient Rome. 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). Arbitration, a form of Alternative dispute resolution (ADR is a legal technique for the resolution of Disputes outside the Courts wherein the
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.
Classification
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. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive
Philosophies
The sentence meted out depends on the philosophical principle used by the court. The most common philosophies of sentencing are:
Process
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. Retributive justice is a Theory of Justice that considers that proportionate punishment is a morally acceptable response to Crime, with This article refers to deterrent theories of punishment For other uses see Deterrence (disambiguation. Denunciation in the context of sentencing philosophy refers to the dissaproval of an act by society that is expressed by the imposition of a sentence Incapacitation in the context of sentencing philosophy refers to the effect of a sentence in terms of positively preventing (rather than merely deterring) future offending Rehabilitation means To restore to useful life as through therapy and education or To restore to good condition operation or capacity. The three major legal systems of the world today consist of civil law, Common law and Religious law. 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. In Law, an appeal is a process for requesting a formal change to an official decision 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. A state is a political association with effective Sovereignty over a geographic Area and representing a Population.
Websites
http://www.prisonreformtrust.org.uk
See also
In the United States a Judge sentences a person convicted of a crimeDapyx Software network: MP3 Explorer | Ebook Manager | Zenithic