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In criminal law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, [1] normally at the conclusion of a trial.A sentence may consist of imprisonment, a fine, or other sanctions.
The use of sanctions, which can be either positive (rewarding) or negative is the basis of all criminal theory, along with the main goals of social control, and deterrence of deviant behavior. Many facilities operating in the United States adhere to particular correctional theories.
The use of some form of criminal monetary sanction can be traced back as the primary form of criminal punishment in Europe over centuries, beginning in the Middle Ages. This included the practice of incarcerating those unable to pay their debts, including entire institutions dedicated solely to the imprisonment of debtors.
The alternatives to imprisonment are types of punishment or treatment other than time in prison that can be given to a person who is convicted of committing a crime. Some of these are also known as alternative sanctions. Alternatives can take the form of fines, restorative justice, transformative justice or no punishment at all.
In theory, an indefinite prison sentence could be very short, or it could be a life sentence if no decision is made after sentencing to lift the term. In many cases, either a minimum term is imposed or the maximum that can be served is the maximum allowable by law in the jurisdiction for the particular offense.
As a rule, most mental health courts use a variety of intermediate sanctions in response to noncompliance before ending a defendant's participation. An essential component of mental health court programs for protection of the public is a dynamic risk management process that involves court supervised case management with interactive court review ...
Mandatory sentencing requires that people convicted of certain crimes serve a predefined term of imprisonment, removing the discretion of judges to take issues such as extenuating circumstances and a person's likelihood of rehabilitation into consideration when sentencing. Research shows the discretion of sentencing is effectively shifted to ...
Herbert Leslie Packer (1925 – December 6, 1972) [1] was an American law professor and criminologist.His key work is the book The Limits of the Criminal Sanction (1968), which proposed two models of the criminal justice system, the crime control model and the due process model. [2]