It is actually the judge (not the jury) who formally sentences the defendant. The Fields case is just another example of how the U.S. is unique in its criminal punishment policies. {{courseNav.course.topics.length}} chapters | Other countries have very short sentences. and career path that can help you find the school that's right for you. But, in Virginia, when a defendant is convicted by a jury, the jury decides whether the sentences run concurrently, and Fields’ jury decided that his sentences should run consecutively, one after the other. A concurrent sentence is a term of imprisonment equal to the length of the longest sentence. The criminal justice system in the United States is designed to serve three basic functions of law enforcement: the investigation of crimes, the prosecution of those accused of committing crimes, and the punishment of those convicted of committing crimes. Is a Law Degree a Master's Degree or a Professional Degree? concurrent sentence n. when a criminal defendant is convicted of two or more crimes, a judge sentences him/her to a certain period of time for each crime. © copyright 2003-2021 Study.com. It has by far the highest imprisonment rate in the world, and is the only western country and only democracy to still have the death penalty. Birmingham, Warwickshire, Online talk: Net zero – why and how? A 400-year sentence doesn’t prevent the possibility of the defendant being released on parole. But, in Virginia, when a defendant is convicted by a jury, the jury decides whether the sentences run concurrently, and Fields’ jury decided that his sentences should run consecutively, … Offenders are commonly sentenced for multiple charges at the same court hearing. Myles Allen, Kaya Axelsson, Sam Fankhauser & Steve Smith in conversation, The Large Hadron Collider and the Hidden Universe, a Virginia judge sentenced James Fields Jr. to a life sentence, The European Court of Human Rights has ruled, Sign up for The Conversation’s newsletter. 3. So, if a defendant has been sentenced to five years in prison for burglary, and also ten years in prison for aggravated assault, his total concurrent sentence would equal ten years in prison. Tip: Refer to the example of Carl Criminal presented in the lesson. Example: Upon recommendation from the jury, the judge ultimately decides the final sentence. Photograph: Rex/Shutterstock. 2. The overall sentence will reflect everything that he or she has done. Even then, depending on the crime and the local state laws, a convict is usually eligible for parole after serving a few years. In a incident where a person has multiple offenses, the state or judge can upon being found guilty of an offense can decide to sentence them to a sentence that runs in conjunction with the time given to for one of their charges so that it is posted to the record that they are sentenced to say 50 years which is the most sentence of the offenses found guilty of and shall serve the additional time … Create an account to start this course today. By ordering that Carl serve his sentences concurrently, he will still go to prison for the length of his longest sentence-- that is, 20 years. For example, if the defendant robbed a convenience store, he may be convicted of robbery 'and' burglary, in which case a judge may find a concurrent sentence appropriate for the 'continuing course of conduct'. Sign up for The Conversation’s newsletter. The sentences will run concurrently but three months were suspended. Consecutive sentences. - Definition, History, Pros & Cons, What Is Community Service? flashcard set{{course.flashcardSetCoun > 1 ? The jury has recommended hefty sentences for each charge -- 20 years for each count of assault, 15 years for robbery, and 5 years for tampering. When sentences run concurrently and when they run consecutively is an often misunderstood issue. Some European countries do not even authorize with life sentences with possibility of parole. The judge may feel compassion for the defendant and believe that he deserves some leniency. Whatever the reason, it is the judge who ultimately decides if the defendant should serve his sentences concurrently or consecutively. Concurrently in a sentence. multiple charges arise from a single incident – for example, a bank robbery might result in charges of … The jury found Carl guilty of multiple crimes: two counts of assault (for shooting the attendant and for punching the bystander), one count of armed robbery, and one count of tampering with physical evidence (for attempting to discard of the gun). If you are fighting for concurrent sentencing in a criminal trial, obtain a convincing criminal lawyer to help you. The purpose of a concurrent sentence is to allow the defendant to serve all of his sentences at the same time. In other words, the jury must decide whether the sentences should run consecutively or concurrently. Concurrency and Cumulation. To unlock this lesson you must be a Study.com Member. Earn Transferable Credit & Get your Degree. Lesley has taught American and World History at the university level for the past seven years. 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