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Simple English definitions for legal terms
consecutive sentence
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A quick definition of consecutive sentence:
A consecutive sentence is when a person has to serve one sentence after another, instead of serving them at the same time. This means that the total time they have to spend in jail is longer. Judges can decide whether to give consecutive or concurrent sentences based on the seriousness of the crime and the need to punish and deter. Different states have their own rules for when to use consecutive sentences. It's important to note that consecutive sentences are different from sentencing enhancements, which focus on specific aspects of a crime and can also lead to longer sentences.
A more thorough explanation:
A consecutive sentence is a type of sentence that does not start until a previous sentence has ended. This means that the person serving the sentence will have to serve one sentence after another, instead of serving them at the same time. Consecutive sentences add to the total time a person will spend in prison.
Courts have the power to decide whether a sentence will be served consecutively or concurrently. They usually make this decision based on the goals of punishment and deterrence. In the United States, the law that governs multiple sentences is 18 U.S.C. Section 3584. This law outlines the factors that courts should consider when deciding whether to impose consecutive or concurrent sentences.
For example, in Michigan, cumulative sentences are only imposed if authorized by statute. In California, cumulative sentences are governed by the California Penal Code Section 669. Under the California Rules of Court, Rule 4.425, a court deciding to impose a cumulative sentence should consider the facts of the crimes, such as whether the crimes were independent of each other.
It is important to note that consecutive sentences are different from sentencing enhancements. Sentencing enhancements focus on whether additional punishments are warranted, while consecutive sentences involve the structure of sentences pursuant to the policy goals. For example, if a person is charged with reckless driving and it caused injury to a victim, their sentence may be enhanced. However, if they are also charged with assault and battery, they may receive consecutive sentences for each crime.
One example of a consecutive sentence is when a person is convicted of two crimes and is sentenced to five years for the first crime and three years for the second crime. If the judge orders that the sentences be served consecutively, the person will have to serve five years for the first crime and then three years for the second crime, for a total of eight years in prison.
Another example is when a person is convicted of multiple counts of theft and is sentenced to one year for each count. If the judge orders that the sentences be served consecutively, the person will have to serve one year for each count, for a total of several years in prison.
These examples illustrate how consecutive sentences work and how they can add up to a longer prison term for a person who has been convicted of multiple crimes.