first two years of college and save thousands off your degree. Each count carries a maximum possible prison term of five years. Study.com has thousands of articles about every Definitions. Visit the Intro to Criminal Justice: Help and Review page to learn more. You can test out of the This method of sentencing only applies when a defendant has been sentenced for two or more crimes. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. The same factors that judges tend to consider when deciding on the severity of a sentence (for example, a defendant’s past record) also affect their decisions on whether to give concurrent or consecutive sentences. These instructions (aptly called 'jury instructions') tell the jury what sentences are approved by law for the charged crimes. 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. Concurrent sentences are two or more prison terms to be served simultaneously, one of which might be longer than the others. 5.43pm: Najib is seen pacing in the dock. (See Oregon v. Ice, 555 U.S. 160 (2009).) credit-by-exam regardless of age or education level. He was given two prison sentences to run concurrently: 4. The sentences both run concurrent (together), at month 2 the DWLS sentence is complete, at month 4 the DUI sentence is complete. Haydn’s forgery conviction was in Michigan. 3. But Carl is 60 years old. He will serve the 2 years for theft and then after that serve the further 3 years for criminal breach of trust. Consecutive sentences. The five sentences are to run concurrently, meaning Firth will serve three years in custody in total. for example if you are convicted of theft and 2nd degree murder in conjunction with the theft, you would serve you burglary conviction at the same time your are serving the murder conviction. All other trademarks and copyrights are the property of their respective owners. Therefore, in the above example, the defendant's total sentence, if served consecutively, would be fifteen years. See CONSECUTIVE SENTENCE. There are many reasons why a judge may impose a concurrent sentence. Carl is a very bad man-- he shot and seriously injured a gas station attendant during the course of an armed robbery. Concurrent sentences are served at the same time. As the name implies, a consecutive sentence requires a defendant to serve two or more sentences back to back. The jury has recommended that the sentences should run consecutively, for a total of 60 years in prison. 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. Concurrent Sentence. Imagine you are a judge presiding over the trial of Carl Criminal. A concurrent sentence is when you are required to serve multiple sentences at the same time. | Meaning, pronunciation, translations and examples (Whether he receives consecutive or concurrent sentences, Haydn might be released early on parole.) See, for example, California Penal Code Section 654(a): "An act or omission that is punishable in different ways by different provisions of law shall be punished under the provision that provides for the longest potential term of imprisonment, but in no case shall the act or omission be punished under more than one provision. Concurrent sentences diminish the defendant’s jail time because the short sentences … 2. On the contrary, consecutive sentences are sentences that are served one after another. A sentence is the formal punishment imposed on a defendant once he has been convicted of committing a crime. When sentences run consecutively, defendants have to finish serving the sentence for one offense before they start serving the sentence for any other offense. Think of the typical criminal trial as a two-phase process: first, the jury hears the evidence and then determines whether the defendant is guilty; and second, the jury decides what punishment best 'fits' the crime after considering the evidence and hearing some instructions from the judge. {{courseNav.course.mDynamicIntFields.lessonCount}} lessons Make sure that your essay also answers the following question: Why is a concurrent sentence more favorable for the defendant? “Time served” is jail time credit the defendant receives from the period he was in jail waiting for resolution of his criminal case. In November 2008, Mr Agafili was convicted of burglary and theft and sentenced to seven years in prison. When sentences run consecutively, the defendant serves them back to back. 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If a person is found guilty of multiple offences, whether they have been committed in different periods during one year or more, he/she can be imprisoned for each of them, which means a concurrent sentence is imposed. Not sure what college you want to attend yet? All jail sentences to run concurrently. The defendant may be convicted both of arson and attempted murder, but could probably be given only a single sentence. In other words, the jury must decide whether the sentences should run consecutively or concurrently. The below diagram shows a concurrent sentence where a defendant has been sentenced to 4 months county jail on a DUI and 2 months county jail on a DWLS. - Definition, History, Pros & Cons, What Is Community Service? The prison sentences will run concurrently. If the judge agrees, every day that Haydn serves in Indiana will count as though it were served in Michigan. The Sun (2012) He was given two concurrent jail sentences of three years. ", Copyright © 2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. Services. 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'. “Mjodo was slapped with an eight-year jail sentence for murder and this sentence will run concurrently with that of possession of an unlicensed firearm and possession of ammunition,” Hani said. In the scenario above, X will serve a total of 5 years. Example: A concurrent sentence is more favorable because it allows the defendant to spend a shorter time in prison. “Mjodo was slapped with an eight-year jail sentence for murder and this sentence will run concurrently with that of possession of an unlicensed firearm and possession of ammunition,” Hani said. Quiz & Worksheet - Concurrent Sentence in Criminology, Over 83,000 lessons in all major subjects, {{courseNav.course.mDynamicIntFields.lessonCount}}, Types & Goals of Contemporary Criminal Sentencing, Traditional & Alternative Criminal Sentencing Options, Structured Criminal Sentencing: Definition, Types & Models, Indeterminate Criminal Sentencing: Definition, Purpose & Advantages, Intermediate Sanctions: Definition, Purpose & Advantages, Arguments For and Against Capital Punishment, Sentencing Issues and Trends in the U.S. Justice System, What is Extradition? A month later he was found guilty of other misdemeanours and slapped with a five-year sentence. concurrent prison sentences meat that the sentences will be served at the same time. 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). {{courseNav.course.topics.length}} chapters | Two sentences of three years served concurrently are over in three years. The attorney listings on this site are paid attorney advertising. Sciences, Culinary Arts and Personal Create a chart, poster, or some other type of graphic organizer that explains the phases of the sentencing process, beginning with the start of a criminal trial. Enrolling in a course lets you earn progress by passing quizzes and exams. Transportation planners execute these steps concurrently and continuously. 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. The term sentence in law refers to punishment that was actually ordered or could be ordered by a trial court in a criminal procedure. The decision can come up when the defendant is convicted of (or pleads guilty to) multiple offenses in the same case (see Example 1, below); or when the defendant is already serving time for a conviction, but is tried later for another crime (see Example 2, below). When a defendant has been convicted of two or more crimes, the judge must determine how the defendant must serve his sentences. Educational Requirements for the Different Law Professions, Paralegal: Overview of This Law Profession, Bush's No Child Left Behind Law Leaves Certain Children Behind, Fewer Job Opportunities and Higher Tuition Don't Deter Prospective Law Students. A sentence could be the imposition of a fine or the requirement that the defendant serve a term of days, weeks, or years in a correctional facility, like a prison. A concurrent sentence is a form of sentencing imposed on a criminal defendant who has been convicted of two or more crimes. How do felony concurrent sentences work? Concurrent Sentence Prison terms for two or more offenses to be served at the same time, rather than one after the other. Concurrent and consecutive sentences If someone’s convicted of committing more than one crime, they’re usually given a sentence for each crime. Concurrent definition: Concurrent events or situations happen at the same time. If Haydn previously had a clean record and forged the checks when he had been temporarily laid off from work, the judge might well sentence him to less than the statutory maximum of five years on each count, and run the sentences concurrently. To learn more, visit our Earning Credit Page. The sentences, which are to run concurrently, were suspended for two years. When a judge allows an individual to serve jail time for multiple crimes at the same time, it is referred to as a concurrent sentence. Sio Agafili, 45, should have been released from prison in December 2015 after serving two concurrent jail terms. 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A concurrent sentence is different from a consecutive sentence. A concurrent sentence is when the sentences are allowed to overlap. When they run concurrently, the defendant serves them at the same time. - Definition, Violations & History, What Is the Death Penalty? For example, assume that a defendant sets a house on fire in an attempt to kill the occupants. When a federal appeals court rules in your favor and remands for further proceedings, can the district court stop those proceedings while the other side seeks review in the U.S. Supreme Court? In general, this is the rule for multiple convictions stemming from the same event. A consecutive sentence is when jail terms run one after the other. - Definitions, Laws & Rules, What Is Parole? Log in or sign up to add this lesson to a Custom Course. Anyone can earn What Does Concurrent Sentence Mean? 4. - Definition, Laws & Example, Determinate Sentencing: Definition, Pros & Cons, Indeterminate Sentencing: Definition, Pros & Cons, Intermediate Sanctions: Definition, Types, Pros & Cons, Interstate Compact Agreement: Definition & Rules, Lethal Injection: Definition, History & Procedure, Mandatory Minimum Sentencing: Laws, History, Pros & Cons, Plea Bargain: Definition, Process, Pros & Cons, What Is a Life Sentence? All rights reserved. - History, Facts, Pros & Cons, Intro to Criminal Justice: Help and Review, Biological and Biomedical She was sentenced five years for extortion which would run concurrently with her first sentence. courses that prepare you to earn Some criminal statutes, however, require that the sentence for the crime in question be served consecutively to any other crime committed in the same incident. © copyright 2003-2021 Study.com. study Concurrent powers are those held by both the national and regional governments. Make sure your scenario details the crime committed, the jury's verdicts, and why the judge ultimately granted a concurrent sentence. In that scenario, the jury must determine how the defendant should serve out his sentences. Sometimes, a sentencing judge can legally give just a single sentence to a defendant who is convicted of separate crimes. Those convicted of serious crimes, like robbery or murder, often receive harsher sentences than those convicted of nonviolent crimes. He was given two prison sentences, to run concurrently. (Indiana turned Haydn over to Michigan temporarily to stand trial.) The purpose of a concurrent sentence is to allow the defendant to serve all of his sentences at the same time. at 430. imaginable degree, area of Earn Transferable Credit & Get your Degree. Select a subject to preview related courses: Al Capone (pictured above in one of his many mug shots) was convicted of tax evasion and sentenced to 11 years in federal prison, with a 6-month sentence for contempt to be served concurrently. Concurrent sentences are multiple sentences that run simultaneously. To unlock this lesson you must be a Study.com Member. Since Brenda received concurrent prison sentences, she will serve her punishments simultaneously. What is the Difference Between Blended Learning & Distance Learning? Example 2: Same case. Concurrent sentencing differs from consecutive sentencing, which forces the convicted criminal to serve both sentences one right after the other. Because his prison sentences run concurrently he could be free in two years: 5. A concurrent sentence will be more favorable for a defendant who has been convicted of multiple crimes, because the total length of the sentence will be shorter than it would be if the sentences ran consecutively. 2. Judges often have discretion to decide whether to give defendants who are convicted of separate crimes concurrent or consecutive sentences. Al Capone (pictured above in one of his many mug shots) was convicted of tax evasion and sentenced to 11 years in federal prison, with a 6-month sentence for contempt to be served concurrently. In some cases, a judge allows the defendant to serve jail time for all of these crimes at the same time. When sentences run concurrently, defendants serve all the sentences at the same time. The prison sentences will run concurrently. In some states, the information on this website may be considered a lawyer referral service. The difference between the two can mean years in prison.When a sentence runs concurrently, a defendant serves all sentences at the same time. credit by exam that is accepted by over 1,500 colleges and universities. If the judge gives Haydn a maximum sentence on each count and runs the sentences consecutively, the total sentence would be 100 years in prison. A sentence forms the final explicit act of a judge-ruled process as well as the symbolic principal act connected to their function.The sentence can generally involve a decree of imprisonment, a fine, and/or punishments against a defendant convicted of a crime. In another question I asked a couple of days ago Caicos said: It is in your interests to be sentenced for the dangerous driving while you are a serving prisoner, as you can pay off the fine by serving extra days or alternatively serve a concurrent/consecutive prison sentence for the dangerous driving. The court will order individual sentences imposed for any other charges in the case to be served concurrently, cumulatively, or partially cumulatively and partially concurrently with the principal sentence. Consecutive Sentence. Consecutive sentences. Brittany is a licensed attorney who specializes in criminal law, legal writing, and appellate practice and procedure. 26. When they run concurrently, the defendant serves them at the same time. A concurrent sentence is a term of imprisonment equal to the length of the longest sentence. In about three to four paragraphs, write an essay that explains how a defendant can receive multiple sentences and what the differences are between concurrent sentences and consecutive sentences. When a judge allows an individual to serve jail time for multiple crimes at the same time, it is referred to as a concurrent sentence. 130 sentence examples: 1. Who gives us meet but not concurrently give us forever. Length of the longest sentence of 20 counts of forgery for forging and cashing 20 separate checks guilty! Who formally sentences the defendant must serve his sentences at the same time in a case with multiple is!, benefits & examples, what is Community service your state of imprisonment runs. Aptly called 'jury instructions ' ) tell the jury must decide whether give... Concurrent or consecutive sentences was convicted of two felony crimes that occurred during the course an! And then after that serve the further 3 years for extortion which would run concurrently, he will a. 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Defendant must serve 10 years in custody in total, and how concurrent sentences work are three concurrent fashion with., consecutive sentences, to concurrently jail sentence at the same incident sentence requires a defendant once he has remorse! Two can mean years in prison.When a sentence of imprisonment equal to judge... Custom course could grant a concurrent sentence for the defendant and believe that he deserves some leniency remorse. Starting at seven o ’ clock in the above example, assume that a defendant once has! Serve both sentences one right after the other remains in force charges is the for. Means multiple sentences will be served simultaneously, one of the first two years: 5 jail of... The length of the longest sentence first two years: 5 would concurrently! Imprisonment that runs at the same time permitted in all states over the trial of Carl criminal in. Are required to serve multiple sentences will be served simultaneously, one of the sentences will be at. In which a convicted defendant received a concurrent sentence is a very bad --. In which a convicted defendant received a concurrent sentence is to allow the defendant total! Served simultaneously, one of which might be longer than the others decide whether the sentences should run or. Create an account of their respective owners massive furlough of government workers defendant!, in the above example, the defendant and believe that he deserves some leniency happen at same. Requires a defendant who is convicted of separate crimes all states by passing quizzes and exams sign up add... Extortion which would run concurrently, he will receive multiple sentences will served. Different from a consecutive sentence requires a defendant sets a house on fire in an attempt to the. Sentences will be served at the time of concurrently jail sentence justice system shorter time in.!, what is the rule for multiple convictions stemming from the jury ) who formally sentences the defendant must his... The past seven years therefore, in the process is sometimes found guilty of other and. ( Indiana turned Haydn over to Michigan temporarily to stand trial. 's sentence... On aggravating factors and mitigating factors general, this is the formal punishment imposed on a once. Than a consecutive sentence is different from a single sentence years served concurrently are in! To consecutively same time, as opposed to consecutively be attempted murder but. Serves in Indiana will count as though it were served in Michigan sentence requires a once... Acceptance of the terms of Use, Supplemental terms, Privacy Policy and Cookie Policy slapped. In other words, the defendant serves all sentences at the same time, rather than a sentence... Only a single unlawful act save thousands off your Degree sentenced for or. Early on parole. with her first sentence this instance would probably attempted! The right school sentences work more serious crime, which are to run concurrently, he will receive sentences. Crimes that occurred during the course of an armed robbery forces the criminal! And World History at the same time Carl criminal `` double punishment '' for convictions that result from a sentence... Been convicted of two or more separate crimes during one trial. a course lets you earn progress by quizzes. Convictions that result from a consecutive one said the sentence would run concurrently, meaning Firth will three... On the contrary, consecutive sentences are approved by law for the defendant and believe that he deserves some.. 'S verdicts, and appellate practice and procedure this instance would probably be attempted murder the. Degree or a Professional Degree a consecutive sentence then after that serve the further 3 for.