View Full Version : Law question: x to y years prison sentence
kraznyi_oktjabr
05-23-11, 05:33 PM
In latest episode of Breakout broadcasted here in Finland there was case of Mr. Jody Thompson. In program it was mentioned that he was serving "10 to 50 years" prison sentence when he escaped.
What this means in practice? How long would person serving "10 to 50 years" prison sentence stay behind bars? Which factors would affect to it?
In program it was also said that for his escape he got another 10 to 50 years sentence. What it in practice means when person has two 10 to 50 year prison sentences?
Anthony W.
05-23-11, 07:00 PM
10 to 50 is really broad... I'd hate to have a judge making THAT decision
Feuer Frei!
05-23-11, 07:10 PM
In program it was mentioned that he was serving "10 to 50 years" prison sentence when he escaped.
What this means in practice? How long would person serving "10 to 50 years" prison sentence stay behind bars? Which factors would affect to it?
10 to 50 years? It's a tv show.
IRL,
depends on the severity of the crime.
An indeterminate sentence is a trip to prison, with no fixed length of time. It basically means you have no automatic right to be released.
In program it was also said that for his escape he got another 10 to 50 years sentence. What it in practice means when person has two 10 to 50 year prison sentences?This is called a back to back sentence, this happens if you committ more than one crime.
They can be served concurrently or consecutively.
Current sentences are served at the same time.
Consecutive ones are served one after the other.
Not sure if this clears things up for you.
kraznyi_oktjabr
05-24-11, 03:09 AM
10 to 50 years? It's a tv show.
IRL,
depends on the severity of the crime.
An indeterminate sentence is a trip to prison, with no fixed length of time. It basically means you have no automatic right to be released.
I'm talking about this man: http://www.amw.com/fugitives/brief.cfm?id=34475
If there is no automatic release then who decides when its time to leave prison? That 10 to 50 years time frame is just HUGE.
This is called a back to back sentence, this happens if you committ more than one crime.
They can be served concurrently or consecutively.
Current sentences are served at the same time.
Consecutive ones are served one after the other.Is there general rule of thumb when sentence will be concurrent or consecutive or is that "depends on state" question?
Not sure if this clears things up for you.Somewhat. Additional questions above. Thank you for your answers so far!
krashkart
05-24-11, 05:02 AM
The way I've always understood it (and I'm probably way off here) is that the chance for parole comes up every year after a minimum amount of time served, unless the judge specifically states that there will be no chance for parole. The minimum term to be served in this case is 10 years, and the maximum is 50 years. So after 10 years his first parole hearing will be held. If the parole board is not satisfied that he has corrected his ways he will be denied parole and will have to wait another year for the next hearing. Rinse and repeat until A.) He convinces the board that he can be released back into society, or B.) his maximum term of fifty years has been served.
That is barring successful appeals and/or plea bargains. I think. :hmm2:
I hope someone can correct me where I'm wrong. :)
Penguin
05-24-11, 05:56 AM
Yup, Krashkart is right, the first number is the minimum time to appeal for parole, though I am not sure if one can apply every year.
If you have no minimum time, you are eligible to a parole hearing after one third of the sentence.
Another thing is when you get a probation sentence. In Germany, when you get something like "2 in 5" (years), it means that you have 5 years probation and have to go to jail for 2 if you violate probation. I am not sure how people say this in the US.
Feuer Frei!
05-24-11, 07:56 AM
As far as i understand it, parole works like this:
if on a fixed term sentence, a prisoner is normally released half-way through a sentence.
Eg, a person serving 2 years, will usually be released on parole after 1 year.
If on a non-fixed sentence, the prisoner's case is sent automatically to the Parole Board, which normally happens 6 to 9 mths before the person's minimum amount of time ends, that that person MUST spend in prison.
For this to happen the person must be on a life sentence or a non-fixed term.
Now, if the Parole Board refuses the release of the prisoner, the case will be reviewed at regular intervals.
flatsixes
05-24-11, 12:53 PM
In the US, the matter of parole is left to the states to decide (in state cases). For example, Virginia abolished both discretionary and mandatory parole in 1995. After that, if a criminal is sentenced to five years in jail, he does five years in jail, although he (or she) can earn up to 4.5 days "time off for good behavior" for each 30 days in the slammer. So a model prisoner might be able to shave off 270-odd days off his or her 5 year sentence by being good. But no longer will an inmate's release be determined by a parole board. Parole is still eligible for those inmates who were sentenced prior to the abolition of parole.
The "10-50" years spread mentioned seems a bit goofy, though, and seems more like a set of sentencing guidelines than an actual sentence. But what the heck do I know about TV anyway?
Platapus
05-24-11, 02:54 PM
is that "depends on state" question?
As far as the United States, yes. States have different rules and sometimes different rules for counties within a state. The only thing that would be standardized would be federal regulations
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