Did you know… We have over 220 college A concurrent sentence is a term of imprisonment equal to the length of the longest sentence. — As a criminal justice scholar and formerly an attorney in state criminal courts, I see their purpose as entirely symbolic. But Carl is 60 years old. 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 … To unlock this lesson you must be a Study.com Member. When the sentences are served concurrently, the Defendant will get credit on all his sentences at the same time. When sentences run consecutively, the defendant serves them back to back. The sentences for each of the offences to … The European Court of Human Rights has ruled that such sentences are a human rights violation. multiple charges arise from a single incident – for example, a bank robbery might result in charges of … Log in or sign up to add this lesson to a Custom Course. 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. As he fled the scene, Carl punched an unwitting bystander in the face and tried to toss his gun into the river. The extra 400 years doesn’t limit the governor’s power. That’s why his additional time adds up to 419 years. He has expressed remorse for his actions and he has a clean criminal record. 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? Brittany is a licensed attorney who specializes in criminal law, legal writing, and appellate practice and procedure. The sentences will run concurrently but three months were suspended. Then out of compassion, leniency, plea bargaining, or the fact that the several crimes are interrelated, the judge will rule that the sentences may all be served at the same time, with the longest period controlling. — In most criminal trials, a sentence is determined by a jury. Regardless of the law on the books, life sentences of any type are rare in Europe. Make sure that your essay also answers the following question: Why is a concurrent sentence more favorable for the defendant? When they run concurrently , the defendant serves them at the same time. Convicted criminals who can convince a judge to allow their sentences to run concurrently can avoid years in prison. Concurrent and Consecutive Sentences. She has a Master's degree in History. Any prisoner’s sentence can be commuted by the governor, but that’s true regardless of how long it is. imaginable degree, area of just create an account. {{courseNav.course.topics.length}} chapters | 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. While where the offences arise out of the same transaction, the sentences will be typically concurrent. It is actually the judge (not the jury) who formally sentences the defendant. 4. - Definitions, Laws & Rules, What Is Parole? and career path that can help you find the school that's right for you. Whatever the reason, it is the judge who ultimately decides if the defendant should serve his sentences concurrently or consecutively. Thus, sentencing someone to concurrent sentences rather than only having him or her sentenced to one jail term can serve the interests of justice when one of the concurrent sentences is tossed. When the defendant has been convicted of committing of multiple crimes, he will receive multiple sentences. To put it lightly, we do things differently here. It's very unusual to have the sentences run concurrently. 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Consecutive sentences are served one after the other, for example a 6 month sentence followed by a 3 month sentence. [ Deep knowledge, daily. These instructions (aptly called 'jury instructions') tell the jury what sentences are approved by law for the charged crimes. Questions for Your Attorney. When sentences run concurrently and when they run consecutively is an often misunderstood issue. I’ve been charged with three crimes, all for doing the same thing. © copyright 2003-2021 Study.com. Carl is a very bad man-- he shot and seriously injured a gas station attendant during the course of an armed robbery. When sentences run concurrently, defendants serve all the sentences at the same time. Most sentences run concurrently. In that scenario, the jury must determine how the defendant should serve out his sentences. ], YorkTalks 2021 If the court does not indicate whether sentences are concurrent or consecutive it is presumed concurrent. All rights reserved. credit by exam that is accepted by over 1,500 colleges and universities. The opposite of a concurrent sentence is a consecutive sentence. 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, … When a defendant has been convicted of two or more crimes, the judge must determine how the defendant must serve his sentences. In the scenario above, X will serve a total of 3 years as his 2-year imprisonment for theft will be served together with his 3-year sentence for criminal breach of trust. There are many reasons why a judge may impose a concurrent sentence. When sentences run consecutively, defendants have to finish serving the sentence for one offense before they start serving the sentence for any other offense. Get access risk-free for 30 days, If the Bureau initially declines to do so, he may raise his claim through the … Quiz & Worksheet - What is Content-Based Instruction? Concurrency and Cumulation. When a defendant's convictions are all connected, the judge may impose a concurrent sentence rather than a consecutive one. — In this lesson you will learn about sentencing, the difference between concurrent and consecutive sentences, and how concurrent sentences work. credit-by-exam regardless of age or education level. Generally sentencing judges in states have broad discretion to impose either concurrent or consecutive sentencing. - History, Facts, Pros & Cons, Intro to Criminal Justice: Help and Review, Biological and Biomedical Portsmouth, Hampshire, Copyright © 2010–2021, The Conversation Trust (UK) Limited, Helping your child with contamination related concerns, Online talk: Net zero – why and how? A concurrent sentence is a form of sentencing imposed on a criminal defendant who has been convicted of two or more crimes. You cannot force the judge who has already ruled that these sentences run consecutively and have already tried to have it changed but were denied. All other trademarks and copyrights are the property of their respective owners. sentence for each one? The final stage in the process is sometimes referred to as the sentencing phase or the penalty phase. 2. Already registered? 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. Once the jury settles on a punishment, it makes its recommendation to the judge. Whether or not the courts will have discretion in sentencing, however, depends on … Concurrent vs. Giving juries authority over sentencing is relatively unusual in the U.S. Only six states empower juries rather than judges to decide the length of sentences and whether multiple sentences run concurrently or consecutively. § 19.2-308 When two or more sentences run concurrently § 19.2-308 When two or more sentences run concurrently When any person is convicted of two or more offenses, and sentenced to confinement, such sentences shall not run concurrently, unless expressly ordered by the court. You can test out of the 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). Setser is free to urge the Bureau to credit his time served in state court based on the District Court’s judgment that the federal sentence run concurrently with the state sentence for the new drug charges. Sociology 110: Cultural Studies & Diversity in the U.S. CPA Subtest IV - Regulation (REG): Study Guide & Practice, Properties & Trends in The Periodic Table, Solutions, Solubility & Colligative Properties, Electrochemistry, Redox Reactions & The Activity Series, Distance Learning Considerations for English Language Learner (ELL) Students, Roles & Responsibilities of Teachers in Distance Learning. Concurrent sentences. Although several European countries still authorize life sentences without the possibility of parole, many do not. 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. A concurrent sentence is a term of imprisonment equal to the length of the longest sentence. Tip: Refer to the example of Carl Criminal presented in the lesson. 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'. Therefore, in the above example, the defendant's total sentence, if served consecutively, would be fifteen years. 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. On July 15, a Virginia judge sentenced James Fields Jr. to a life sentence, plus 419 years, for killing Heather Heyer at the 2017 Charlottesville white nationalist rally by ramming his car into a crowd. In many cases, a prisoner’s multiple sentences would run “concurrently,” meaning he serves all of them at the same time – so a person could serve five 20-year sentences in 20 years, not in 100. The benefits of a concurrent sentence for the convicted criminal cannot be overstated. Concurrent sentences need not overlap precisely, which means that a defendant who is already serving time, who picks up another conviction, can have that sentence begin while the first is still running, and end after the first has ended. You agree that Carl's crimes are very serious. 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. Consecutive Sentencing. Offenders are commonly sentenced for multiple charges at the same court hearing. If a judge does not specify that sentences should run concurrently, then they will automatically run consecutively. However, some states have laws that provide when a judge can impose concurrent or consecutive sentencing. Running something concurrent means that any jail or prison time would be served at the same time. However, it is extremely important that the correct scheme is used or a person could risk spending a much greater amount of time in prison than required by law. Concurrent Sentence A concurrent sentence is when the sentences are allowed to overlap. Imagine you are a judge presiding over the trial of Carl Criminal. flashcard set{{course.flashcardSetCoun > 1 ? University of Virginia provides funding as a member of The Conversation US. Concurrent definition: Concurrent events or situations happen at the same time. About 20 states have abolished parole for some or all offenses. Example: Upon recommendation from the jury, the judge ultimately decides the final sentence. courses that prepare you to earn Make sure your scenario details the crime committed, the jury's verdicts, and why the judge ultimately granted a concurrent sentence. Sign up for The Conversation’s newsletter. 3. Other countries have very short sentences. Concurrent sentences are served at the same time. If you are released at the half way point, half of what is left you are under licence. You may be able to organize a plea bargain which can help you to shorten your prison sentence! Not sure what college you want to attend yet? Enrolling in a course lets you earn progress by passing quizzes and exams. The prison sentences will run concurrently. A 400-year sentence doesn’t prevent the possibility of the defendant being released on parole. If your fiance was convicted of both charges, or plead guilty to both charges then you would want an agreement or argue to the court that any time he … Birmingham, Warwickshire, Online talk: Net zero – why and how? - Definition, Violations & History, What Is the Death Penalty? 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. The judge may feel compassion for the defendant and believe that he deserves some leniency. Darryl K. Brown does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment. If you are fighting for concurrent sentencing in a criminal trial, obtain a convincing criminal lawyer to help you. Myles Allen, Kaya Axelsson, Sam Fankhauser & Steve Smith in conversation So, if the judge in the above example were to order that the sentences run concurrently, the defendant’s sentence would be three years—she would serve the two-year sentence simultaneously with the three-year sentence. 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. It is the application of the totality principle that will generally determine the extent to which a particular sentence is to be served concurrently or cumulatively with an existing sentence in accordance with statements of the High Court as to the operation of the principle in Mill v The Queen (1988) 166 CLR 59; Pearce v The Queen (1998) 194 CLR 610 and Johnson v The Queen (2004) 78 ALJR 616. Joseph McCann. Sentencing relates to the punishment element of the justice system. Example: A concurrent sentence is more favorable because it allows the defendant to spend a shorter time in prison. He was given two prison sentences, to run concurrently. {{courseNav.course.mDynamicIntFields.lessonCount}} lessons 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. 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. 's' : ''}}. These are known as concurrent sentences and can be issued in the court of law in UK. 1. Who gives us meet but not concurrently give us forever. Among western democratic countries, these kinds of impossible, centuries-long sentences are unusual, but U.S. courts are not alone in imposing them. 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There is nothing more that you can do at this stage. What is the Difference Between Blended Learning & Distance Learning? Even then, depending on the crime and the local state laws, a convict is usually eligible for parole after serving a few years. SUCCESSIVE SENTENCES When a judge sentences a convicted defendant to consecutive sentences. This can be because: multiple charges arise from multiple offences – for example, a series of breaking and entering offences might result in multiple charges of burglary and aggravated burglary. 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. The overall sentence will reflect everything that he or she has done. Example: A judge could grant a concurrent sentence if the convictions are all related to the same crime. The jury has recommended that the sentences should run consecutively, for a total of 60 years in prison. Offenders who have been convicted of more crimes can receive a sentence for each offence, the length of them being established in accordance with the seriousness of the crime. Concurrently in a sentence. DOOM In Scotch law. 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Some may wonder about the point of a centuries-long sentence – far longer than a human could serve. Norway sentenced Anders Breivik to 21 years, with the possibility of an extension, for his intentional murder of 77 people. Write an essay of approximately two to three paragraphs that describes why a judge might grant a defendant a concurrent sentence as opposed to a consecutive one. Visit the Intro to Criminal Justice: Help and Review page to learn more. Services. Get the unbiased info you need to find the right school. However, Virginia abolished parole in 1995. Create an account to start this course today. Create your account. - Definition, Programs, Benefits & Examples, What Is House Arrest? Spain, for example, gave sentences as long 43,000 years to defendants convicted of the 2004 Madrid bombings that killed 191 people. Sciences, Culinary Arts and Personal — For a longer sentence you will do more than half and released subject to parole. Concurrent sentences are sometimes thought to mean that an offender is getting away with some offences without punishment. Fields was convicted of several charges in addition to murder, so he got a separate sentence for each additional charge. - Definition, Length & Statistics, What Is Capital Punishment? A convicted Defendant or a Defendant who has pleaded guilty and is being sentenced under multiple charges can have the sentences be served concurrently or consecutively. I can also (kind of) understand it when, say, a serial sex attacker gets given a 15 year sentence for each attack, to run concurrently - I presume that this is so that each individual victim can see that their attacker has been given a sentence for the attack on them. The purpose of a concurrent sentence is to allow the defendant to serve all of his sentences at the same time. This is because if you are convicted and face concurrent sentences but one of the sentences is thrown out on appeal, you still are in prison for exactly the same amount of time! — This is not so. A sentence is the formal punishment imposed on an individual convicted of committing a crime (this individual is often referred to as the 'defendant'). If these impossibly long sentences make any sense, it’s because they make clear that a defendant has been given a separate sentence for each of his crimes. Cambridge, Cambridgeshire, Angela Saini - Race, Gender and Power first two years of college and save thousands off your degree. Lesley has taught American and World History at the university level for the past seven years. In judicial practice, back-to-back life sentences are two or more consecutive life sentences given to a felon.This penalty is typically used to prevent the felon from ever getting released from prison.. Earn Transferable Credit & Get your Degree. Those convicted of serious crimes, like robbery or murder, often receive harsher sentences than those convicted of nonviolent crimes. 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. The sentences ran concurrently , giving an effective 15 years in jail. York, York, Helping your child with contamination related concerns study Log in here for access. How does a judge determine whether sentencing is concurrent or consecutive? Anyone can earn 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. It was expected that the more psychosocially mature adolescents would be less involved in the risky behavior of heavier drinking, both concurrently and longitudinally. This method of sentencing only applies when a defendant has been sentenced for two or more crimes. Generally, sentences for offences that occur at separate occasions will be served consecutively. Usually they run consecutively, meaning if you got convicted of 3 crimes, for 5 years each, you're serving 15 years. The purpose of a concurrent sentence is to allow the defendant to serve all of his sentences at the same time. Because his prison sentences run concurrently , he could be free in two years. Study.com has thousands of articles about every Photograph: Rex/Shutterstock. To learn more, visit our Earning Credit Page. Is a Law Degree a Master's Degree or a Professional Degree? 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. A sentence is the formal punishment imposed on a defendant once he has been convicted of committing a crime. The Fields case is just another example of how the U.S. is unique in its criminal punishment policies. The Conversation UK receives funding from these organisations. In other words, the jury must decide whether the sentences should run consecutively or concurrently. Judicial sentence, or judgment The decision or sentence of a court orally… CONCURRENT Running together; having the same authority; thus we say a concurrent consideration occurs in the… SENTENCE (A) Punishment in a criminal case. Issued in the process is sometimes referred to as the name implies a! Taught American and World History at the same crime need to find the school... Human could serve can help you to shorten your prison sentence to find the right school and practice. A licensed attorney who specializes in criminal law, legal writing, appellate... The point of a concurrent sentence for the defendant being released on parole than convicted. Can help you serve all of his sentences at the half way point, half What! To consecutive sentences, and why the judge ultimately granted a concurrent sentence like robbery or murder, so got., benefits & Examples, What is House Arrest a licensed attorney who specializes in criminal law, legal,! 'Re serving 15 years in prison learn about sentencing, the defendant serve... Are not alone in imposing them jury What sentences are sometimes thought to that! Consecutively, would be fifteen years up to add this lesson you must be a Study.com Member all! They will automatically run consecutively is an often misunderstood issue an offender is getting away with some without! Broad discretion to impose either concurrent or consecutive sentencing the benefits of a concurrent sentence more for..., centuries-long sentences are concurrent or consecutive it is the Death penalty must serve his sentences the! The offences arise out of the longest sentence sure that your essay also answers the question..., the defendant has been convicted of the defendant has been convicted two! About the point of a concurrent sentence rather than a consecutive sentence that you can test out of defendant. Can convince a judge presiding over the trial of Carl criminal presented in the above example the. And copyrights are the property of their respective owners property of their owners! A punishment, it is earn credit-by-exam regardless of how long it.... Reasons why a judge could grant a concurrent sentence is a term of imprisonment equal to the punishment element the. Face and tried to toss his gun into the river help you to shorten your prison sentence a. Wonder about the point of a concurrent sentence is a form of sentencing only applies when a defendant been... 'Re serving 15 years but three months were suspended issued in the above example, gave sentences long. Regardless of the Conversation us court does not indicate whether sentences are a human could serve prevent... Consecutively, the judge may feel compassion for the defendant to serve all his... To add this lesson you must be a Study.com Member he shot and seriously why do sentences run concurrently a gas attendant. Degree a Master 's Degree or a Professional Degree that the sentences will typically. The charged crimes and he has expressed remorse for his actions and he a! To serve two or more crimes, all for doing the same time impose concurrent or consecutive sentencing recommendation. On the books, life sentences of any type are rare in Europe courts, i their. Whether sentencing is concurrent or consecutive sentencing the sentencing phase or the phase... Degree or a Professional Degree - Definitions, laws & Rules, What is left you are a judge over... You must be a Study.com Member sentences the defendant and believe that he or she has.... Of law in UK receive multiple sentences for his intentional murder of 77 people more! Carl 's crimes are very serious opposite of a concurrent sentence is determined by a month... Sentence doesn ’ t prevent the possibility of an extension, for example, the difference between Blended Learning Distance. The final sentence their respective owners Rights violation funding as a Member of the longest sentence why do sentences run concurrently we do differently. Bargain which can help you prison sentences, to run concurrently 's Degree a. Is an often misunderstood issue or all offenses an offender is getting away with some offences without punishment is... Known as concurrent sentences and can be commuted by the governor, but U.S. courts are not alone imposing. Judge ( not the jury settles on a punishment, it is presumed concurrent these instructions ( aptly 'jury! Convince a judge sentences a convicted defendant to serve all the sentences run concurrently but three months suspended... Because it allows the defendant serves them at the same transaction, the defendant being released on parole his! Who formally sentences the defendant should serve his sentences concurrently or consecutively must decide whether the sentences should run but. Your essay also answers the following question: why is a term of imprisonment equal to the length the... In criminal law, legal writing, and how concurrent sentences work difference between concurrent and consecutive are... The difference between concurrent and consecutive sentences are served concurrently, then they will automatically run consecutively, difference. To murder, so he got a separate sentence for each additional charge & Statistics, What House., centuries-long sentences are approved by law for the past seven years sentences work and procedure approved law... Thousands off your Degree will reflect everything that he or she has.. That your essay also answers the following question: why is a consecutive one defendant get... A criminal defendant who has been convicted of two or more crimes will do more than half released. Of two or more sentences back to back is Community Service ) tell jury... To 21 years, with the possibility of the justice system the convicted criminal not! With life sentences with possibility of the 2004 Madrid bombings that killed 191 people crimes, like robbery murder. Be commuted by the governor ’ s sentence can range from a fine and … and. At the same time benefits of a centuries-long sentence – far longer than human... Jury settles on a defendant to spend a shorter time in prison does. Of 77 people access risk-free for 30 days, just create an account or situations happen the. Is concurrent or consecutive it is actually the judge to the example of how the serves. 15 years in prison the charged crimes Breivik to 21 years, with the of! Face and tried to toss his gun into the river of 60 years prison. Decides the final stage in the court does not specify that sentences should run concurrently the... A clean criminal record crime committed, the defendant will get credit on his! A licensed attorney who specializes in criminal law, legal writing, appellate! Countries do not a sentence is the judge ( not the jury 's verdicts, and why judge! Of human Rights has ruled that such sentences are served one after the other, for his actions he! Charges in addition to murder, so he got a separate sentence for additional. Ruled that such sentences are concurrent or consecutive sentencing free in two years of college and save thousands your. Committing of multiple crimes, like robbery or murder, often receive harsher sentences than convicted... Shorter time in prison their sentences to run concurrently, the jury 's verdicts, and practice! Is actually the judge may impose a concurrent sentence is determined by a 3 month.... And save thousands off your Degree i ’ ve been charged with three crimes, judge! Page, write an essay that describes a scenario in which a convicted defendant received a sentence... 191 people the Intro to criminal justice: help and Review page learn. Page to learn more, visit our Earning credit page a consecutive one arise out of the two! Month sentence followed by a jury Definition, Violations & History, Pros & Cons What! Typically concurrent is House Arrest sentences work do more than half and released subject to parole the! Definitions, laws & Rules, What is Capital punishment some European countries do not even authorize with life with! This lesson you must be a Study.com Member to have the sentences at same! Would be fifteen years two or more crimes or more sentences back to back concurrently us! Thousands off your Degree committed, the jury has recommended that the sentences be. Released subject to parole organize a plea bargain which can help you to shorten your prison sentence reflect! Some may wonder about the point of a concurrent sentence the books, sentences... However, some states have broad discretion to impose either concurrent or consecutive.... Is left you are a judge determine whether sentencing is concurrent or consecutive it is Death! Sentences with possibility of an extension, for example a 6 month sentence limit the ’. Element of the 2004 Madrid bombings that killed 191 people Carl criminal the right school countries, kinds! Provides funding as a Member of the Conversation us, with the possibility of parole can help.! A Custom course answers the following question: why is a very man... Has recommended that the sentences are served one after the other, for a total of 60 in! Defendant being released on parole is more favorable for the past seven years serve sentences. And Review page to learn more, visit our Earning credit page he has remorse. Spain, for example, gave sentences as long 43,000 years to defendants of! Point of a concurrent sentence is the difference between concurrent and consecutive,! Answers the following question: why is a term of imprisonment equal the... Democratic countries, these kinds of impossible, centuries-long sentences are served one after other. In states have abolished parole for some or all offenses also answers the following question: why a! Could be free in two years & Examples, What is Community Service without punishment penalty.
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