Suspended sentence
Encyclopedia
A suspended sentence is a legal term for a judge
's delaying of a defendant's serving of a sentence after they have been found guilty, in order to allow the defendant to perform a period of probation
. If the defendant does not break the law
during that period, and fulfills the particular conditions of the probation, the judge usually throws out the sentence.
The difference between a suspended sentence and deferred sentence
is that a suspended sentence will, more often than not, stay on the defendant's record whilst deferred does not.
The period for which the sentence is suspended cannot exceed the term of the original sentence
s to recommend suspended sentences as part of a plea bargain
. They are often given to mitigate the effect of penalties.
In some jurisdictions, the criminal record
of the guilty party will still carry the offence, even after probation
is adequately served. In other cases, the process of deferred adjudication
would prevent the conviction from appearing on a person's criminal record, once probation had been completed.
In the federal system, judges' authority to suspend sentences has been abolished, by the Sentencing Reform Act
of 1984, through the United States Sentencing Commission
, and upheld by Mistretta v. United States
.
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
's delaying of a defendant's serving of a sentence after they have been found guilty, in order to allow the defendant to perform a period of probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
. If the defendant does not break the law
Recidivism
Recidivism is the act of a person repeating an undesirable behavior after they have either experienced negative consequences of that behavior, or have been treated or trained to extinguish that behavior...
during that period, and fulfills the particular conditions of the probation, the judge usually throws out the sentence.
The difference between a suspended sentence and deferred sentence
Deferred sentence
A deferred sentence is a sentence that is suspended until after a defendant has completed a period of probation. If the defendant fulfills the stipulations surrounding probation, a judge may then throw out the sentence and guilty plea, clearing the incident from their record...
is that a suspended sentence will, more often than not, stay on the defendant's record whilst deferred does not.
Australia
In Australia, suspended sentences are commonly imposed in order to alleviate the strain on overcrowded prisons. For example, an individual may be sentenced to a six month jail term, wholly suspended for six months; if they commit any other offence during that year, the original jail term is immediately applied in addition to any other sentence.The period for which the sentence is suspended cannot exceed the term of the original sentence
United States
In the United States, it is common practice for judges to hand down suspended sentences to first-time offenders who have committed a minor crime, and for prosecutorProsecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
s to recommend suspended sentences as part of a plea bargain
Plea bargain
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...
. They are often given to mitigate the effect of penalties.
In some jurisdictions, the criminal record
Criminal record
A criminal record is a record of a person's criminal history, generally used by potential employers, lenders etc. to assess his or her trustworthiness. The information included in a criminal record varies between countries and even between jurisdictions within a country...
of the guilty party will still carry the offence, even after probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
is adequately served. In other cases, the process of deferred adjudication
Deferred Adjudication
Deferred adjudication is a form of plea deal available in various jurisdictions, where a defendant pleads "guilty" or "No Contest" to criminal charges in exchange for meeting certain requirements laid out by the court within an allotted period of time also ordered by the court...
would prevent the conviction from appearing on a person's criminal record, once probation had been completed.
In the federal system, judges' authority to suspend sentences has been abolished, by the Sentencing Reform Act
Sentencing Reform Act
The Sentencing Reform Act, part of the Comprehensive Crime Control Act of 1984, was a U.S. federal statute intended to increase consistency in United States federal sentencing. It established the United States Sentencing Commission. It also abolished federal parole.The act was passed by large...
of 1984, through the United States Sentencing Commission
United States Sentencing Commission
The United States Sentencing Commission is an independent agency of the judicial branch of the federal government of the United States. It is responsible for articulating the sentencing guidelines for the United States federal courts...
, and upheld by Mistretta v. United States
Mistretta v. United States
Mistretta v. United States, 488 U.S. 361 , is a case decided by the United States Supreme Court.-Background:John Mistretta, who sold cocaine, argued that the sentencing guidelines he was facing were unconstitutional due to a gross distribution of authority by Congress resulting in a violation of...
.