Define: Definite Sentence

A definite sentence refers to a fixed term of imprisonment or punishment that is determined by a judge or jury after a person has been convicted of a crime.

The length of a definite sentence is typically determined by the severity of the crime committed and the applicable sentencing guidelines or laws in the jurisdiction. The judge takes into consideration various factors such as the nature of the offense, the defendant’s criminal history, and any aggravating or mitigating circumstances.

Yes, a definite sentence can be appealed. However, the grounds for appeal are usually limited to errors made during the trial or sentencing process, such as procedural mistakes, constitutional violations, or errors in the application of the law.

In some cases, a definite sentence can be reduced or modified. This can happen through various legal mechanisms, such as parole, sentence reduction programs, or successful appeals. However, the specific options available vary depending on the jurisdiction and the circumstances of the case.

In general, a definite sentence cannot be served on probation. Probation is typically an alternative to incarceration, and it is usually imposed as a separate sentence. However, there may be certain circumstances where a portion of a definite sentence can be served on probation, but this is rare and subject to specific legal provisions.

A definite sentence can sometimes be partially or fully suspended. This means that the execution of the sentence is temporarily postponed or waived, usually on the condition that the defendant complies with certain requirements, such as probation, community service, or treatment programs. The decision to suspend a sentence is at the discretion of the judge.

A definite sentence can be served concurrently or consecutively with other sentences, depending on the circumstances and the judge’s discretion. Concurrent sentences are served simultaneously, while consecutive sentences are served one after the other. The decision on whether to impose concurrent or consecutive sentences is based on factors such as the nature of the offenses and the defendant’s criminal history.

In some cases, a definite sentence can be modified based on good behavior. This is commonly referred to as “time off for good behavior” or “earned time credits.” The specific rules and eligibility criteria for earning such credits vary by jurisdiction, but they generally reward inmates who demonstrate positive behavior and participation in rehabilitative programs.

Yes, a definite sentence can be commuted or pardoned. Commutation refers to the reduction of a sentence by a governing authority, such as a governor or president, while a pardon completely forgives the offense and restores the individual’s rights. However, the power to commute or pardon a sentence is typically vested in the executive branch of government and is subject to specific legal procedures and criteria.

A definite sentence cannot be expunged or sealed. Expungement or sealing typically applies to criminal records, not the actual sentence imposed. However, certain aspects of a criminal record, such as the conviction itself, may be eligible for expungement or sealing in some jurisdictions, depending on the specific circumstances and applicable laws.