Sentence (law)

Lore & Background

The earliest use of the term with this meaning was in Roman law, where it indicated the opinion of a jurist on a given question, expressed in written or oral responsa. It might also refer to the opinion of senators that was translated into the senatus consultus, or the decision of the bench in both civil and 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 body of judges is called upon to express their evaluation, and it can be issued in practically any field of law requiring a function of evaluation by a judge or judging body.

Reader's Guide

Sentences are variously classified depending on the legal field, the issuing body, the jurisdiction and legal competence, and the content. They may be partial, cautelar, interlocutory, preliminar, or definitive, and include sentences of absolutio or condemnatio. The sentence typically comes at the end of a process in which the presiding judge or judges evaluate whether conduct complies with the law. It is usually publicly announced and justified through an explanation of juridical reflections. Even a definitive sentence can be annulled in exceptional circumstances, such as when conclusive proof of innocence comes to light. In most jurisdictions, under double jeopardy legislation, no individual can be sentenced more than once for the same actions. Statutes generally specify the highest penalties for certain offenses, and sentencing guidelines often mandate minimum and maximum imprisonment terms, with discretion left to the trial court. Prosecutors may have great influence over punishments through their discretion to decide charges and facts in plea agreements. Sentencing law sometimes includes cliffs that result in much stiffer penalties when certain facts apply, such as habitual offender laws.

Did You Know?

• A sentence may be reduced to a less harsh punishment, known as mitigation or commutation.
• In certain legal systems, a defendant may be punished beyond the terms of the sentence through social stigma or loss of governmental benefits.
• The earliest use of the term 'sentence' in this meaning was in Roman law, indicating the opinion of a jurist on a given question.
• In England and Wales, section 142 of the Criminal Justice Act 2003 specifies that courts should have regard to punishment, retribution, deterrence, reform, rehabilitation, protection of the public, and reparation.