Also known as:sentences · sentenced · sentencing · sententia · judgment · punishment
Written by attorneys · grounded in primary & secondary sources — see below
The punishment imposed by a court on a criminal defendant after a finding of guilt, which may include imprisonment, fines, probation, or other sanctions.
Sources & Authorities· 40 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Criminal Sentence With Deficiency Judgment
Skylar Sullivan is convicted of fraud and receives a sentence of three years in prison plus a fine. After her property is sold in foreclosure for less than the outstanding mortgage debt, the mortgagee obtains a deficiency judgment against her for the shortfall under state law.
Sentence Imposed Under Congressional Power
Samuel Soto is convicted of a federal offense involving interstate commerce. The court imposes a sentence of imprisonment and restitution, relying on Congress's enumerated authority to regulate such activities and to provide for the general welfare through appropriate penalties.
Sasha Stone is convicted after trial. The judge imposes a sentence of probation and community service without allowing family or financial relationships to influence the length or conditions of the punishment.
Sentence After Third-Party Fee Arrangement
Stella Shapiro is convicted of a white-collar offense. Her lawyer, whose fees are paid by a third party, ensures the sentence recommendation reflects independent professional judgment without interference from the payer.
Sentence In Removed Case Remanded
Santiago Sanchez is convicted in state court after his federal removal petition is denied. The district court remands the case within the required period, allowing the state court to proceed with imposing the final sentence.
Sentence For Goods Seller Seeking Price
Steven Silva is convicted of theft after wrongfully rejecting goods. The court imposes a sentence that includes restitution. The seller separately holds the identified goods and obtains a judgment crediting resale proceeds against the buyer while preserving the right to the price.
Common questions
Frequently Asked
3
What does a sentence include beyond prison time?+
A sentence includes all punishments ordered by the court after conviction, such as fines, restitution, community service, and probation terms. The judge determines the sentence within statutory limits based on the verdict or plea.
Who determines the sentence in a criminal case?+
The judge orders the sentence after a guilty verdict or plea, guided by state or federal sentencing laws and any presentence report. The jury's role ends with the verdict on guilt.
Can a sentence be modified after it is imposed?+
A sentence may be modified in limited circumstances, such as through a motion for reduction or on appeal, but it generally becomes final once imposed and any appeal period expires.
5 U.S. (1 Cranch) 137 (1803)Property
…than by any other person. It was doubted whether an action of detinue would be a specific legal remedy for the commission. The judgment in detinue is for the thing itself or its value. The value of a public office not to be sold is incapable of being ascertained; the applicant has a right to the office itself or to nothing.…