Law question regarding sentencing

Factual Questions
1

I watch a lot of true crime shows and am frequently confused on sentencing vs how much actual time has to be served.

First, I realize that different municipalities have different rules and such so I’m looking for generalities.

So if someone is sentenced to 50 years they are generally eligible for parole in half that, correct?

If someone makes a plea deal for 50, are they still eligible for parole or do they have to do the whole 50?

And 50 to life means you have to to 50 before you are eligible for parole. Is that right?

Any insight anyone could share would be appreciated. Thanks.
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2

In the UK the average time served by someone having received a “life sentence” is 15 years.

3

No, it isn’t. This average is complied by looking at the term actaully served by lifers who have been released. But of course the calculation omits the term served (so far) by lifers who have not been released, and those who have not been released include the more serious offenders with the highest risk of reoffending, who may serve very long terms indeed.

It’s also a long-term average, which may not necessarily tell you much about current sentencing or parole practice. A more meaningful figure might be the average time served by lifers released in the last 12 months, say.

The deal in the UK is that, when a life sentence is imposed, the judge also imposes a minimum term which takes account of the circumstances of the case. If your under 17 at the time of the offence, this will be 12 years; if an adult, depending on the crime you are convicted there is a starting point of 15, 25 or 30 years or “whole-of-life”, and then the judge adusts up or down to reflect the particular circumstances of your offence. After you have completed your minimum term you can be considered for parole in the usual way; whether and when you get it will depend on the usual factors that govern parole decisions.

4

This is going to depend very much on jurisdiction.

Here in Kansas, for example, most inmates can earn up to fifteen percent “good time” (for some classes of offenders, twenty percent), so they’re going to do at least 20 to 21 years of a 25-year sentence. In the US federal system, offenders can earn up to 54 days per year, so again about fifteen percent reduction. Neither the feds nor Kansas have true parole for most offenders, having gone to a definite sentence structure instead. The discretionary parole decision (“do we think this person is worthy of parole?”) has been eliminated. Instead, they have a predetermined “out date,” which can move back and forth as they earn and lose good-time. Once they hit that date, they’re out the door.

Both the feds and Kansas do have parole for “old law” inmates (for the feds, e.g., those convicted of crimes before 1987). Also, Kansas still has parole for certain major felonies designated as “off-grid” (not reflected in the sentencing grid): first-degree and felony murder, use of weapons of mass destruction, terrorism, treason, and some sex crimes involving minors. In those cases, the offender is sentenced to life imprisonment and must serve a minimum term, after which they can try to convince the review board that they have reformed. The minimum term varies from twenty to fifty years, depending on crime and date committed.

5

We don’t have ‘plea deals’ per se in the UK, but it is generally the case that pleading guilty early will get you a 50% reduction.

6

It’s going to depend very much on jurisdiction or even within the same jurisdiction depending on the type of crime and when the crime occurred - but I will say that in general, sentences that result from a plea deal are are treated the same as they would be if they were imposed after a trial. For example, a 1-3 year sentence is treated the same way in terms of a parole eligibility date, earning good time etc whether it was a plea or a trial.

7

Where I live, although it’s being chipped away, the old system was that once your sentence was finished, you were free. That meant that to have any control over the ex-prisoner on release from prison, you had to give him parol before his final end date. If he violated his parole, you could, in theory, just lock him up again without trial, because he was only paroled from confinement.

How is that handled in a system without parole?

8

When my state “got rid of parole for violent felony offenses” , they replaced it with something called “post-release supervision”. For those crimes that receive indeterminate sentences, they are expressed as a minimum and a maximum - 1-3 years for example. That means eligible for parole after one (the minimum), conditional release* after 2 ( 2/3 of the max) completely done after the max is served. Determinate sentences involve " X years incarceration and X years post r-release supervision." There is no sentence of " X years"

  • The main difference between conditional release and parole is that conditional release works by operation of law.There is no discretion once someone has reached their CR date, although that date can be adjusted if good time is lost for disciplinary reasons.
9

Thanks. Ignorance fought.

10

Generally, the amount of time you serve on a 50 year sentence would be the same whether it is part of a plea deal or just a sentence following trial. The Department of Correctionds doesn’t care how you got your 50 year sentence, and would treat it the same way. Many (most?) jurisdictions have done away with traditional parole. If you get a 50 year sentence, you get credit for “good time” and that’s it. In Washington, for example, the judge might give you a 10 year sentence (you’d serve 8.5) and also impose 5 years of “supervised release” which is like parole/probation, but not discretionary (no parole board). During supervised release there are conditions on your behavior. If you violate the conditions, you can be re-incarcerated (after a jearomg. bit without a jury trial), eventually up to the maximum allowable sentence.

11

Kansas handles it similarly to how doreen’s state does: each sentence includes a period of post-release supervision, imposed at the time of sentencing. The length of the period varies by crime: low-level offenses such as bigamy or tampering with an odometer merit twelve months of post-release supervision, rising to thirty-six months for major felonies such as rape or kidnapping. During their post-release period, offenders must report to a parole officer and obey whatever rules are imposed (keep a job, avoid alcohol and drugs, etc.). If they screw up on the rules, they can be returned to prison for a “sanctions admission” of up to six months; if they catch a new case while on post-release, they can be required to serve the remainder of their post-release period in prison (plus the sentence for their new case).

Effectively, the elimination of parole for most offenders simply removed the discretionary aspect. Each sentence is determinate; we don’t have “5 to 10” type sentences anymore. Instead, a sentence might be “102 months in prison and 36 months post-release supervision.” As soon as they arrive in prison, the staff can calculate their earliest possible release date, based on earning the maximum good-time credit, and that date won’t change unless the offender loses good-time or earns a special award.

12

It also matters if someone receives multiple sentences, whether they are to be served consecutively or concurrently. If you are sentenced to three ten-year terms and they run concurrently, you would be eligible for parole after three years (assuming you have to serve a third of your sentence before being eligible). If they run consecutively, you would be eligible after nine years.

Regards,
Shodan

13

Every jurisdiction will be different, but West Virginia has largely retained the old system that has been removed in the federal system.

Largely our sentences are indeterminate, meaning that the range specified in the statute is what you get. For example, the sentence for burglary is an indeterminate 1 to 15 years in prison. When you are being sentenced, that is exactly what the judge gives you: a 1 to 15. He doesn’t pick 3, 5, 7, 11, or 15; the sentence is 1 to 15.

In that case, you must do one year before you see the parole board. You can be released then if the parole board believes it is proper. If not, you wait a full year before seeing the parole board again.

In addition, we have “day for day” good time credits on the maximum or “back end” of the sentence. That means that so long as you get good time credits, you will discharge your sentence (meaning you walk out the door with no more supervision) after 7 and 1/2 years even if you never make parole and so long as your get all of your good time.

A minority of the statutes have determinate sentencing. For example First Degree Arson carries a determinate sentence of 2 to 20 years. Since it is determinate, the judge actually picks a number. He picks 2, 5, 10, 15, 17, or 20. Let’s say the judge picks 20. In any determinate sentence, you are eligible for parole after serving 1/4 of your sentence and you get the same day for day good time credit.

So, if it is 20 years, you are eligible for parole in 1/4th of the time, or 5 years, and you discharge your sentence if you get all of your good time in 10 years. Some crimes specify a minimum term before parole eligibility, such as the First Degree Arson mentioned. It says you must serve at least three years before being eligible for parole.

So let’s say that the judge gives you 4 years. That means that with your good time, you will discharge in two and never see the parole board. But that is a unique statute.

14

Ok thanks. I was confused about that. Ignorance fought.

Thanks to all for combating my ignorance.

15

Canada still has parole, as well as mandatory release, but even then, this issue comes up. If an accused never sought parole, or was denied it, and served the full sentence, there is nothing in our sentencing law that gives the Parole Board any jurisdiction ove the released person.

Case in point: Karla Homolka, who pled guilty to manslaughter in relation to two girls, and admitted to helping to kill her own sister. She served the full 13 years, never applied for parole, and walked out after 13 years completely free of supervision by the Parole Board.

However, we also have the remedy of a peace bond, which is an ancient common law remedy that has been incorporated in the Criminal Code. If corrections officials and police believe that a person about to be released poses a significant risk to the public generally, or to particular individuals, the Attorney General can apply to court for an order binding over the individual to keep the peace, observe curfews, stay away from particular individuals, and so on.

It’s not parole, but it serves a similar function to protect the public.

16

In The State of Mane we made it simple. The Parole board is still there for inmates that were convicted/sentenced before the law changed. There are few left alive.

Now if you are convicted and sentenced to 1+, 5, 10, 20. 40, life, and everything in between. There is no parole. There is no time off for good behavior or any reason. Therefore no more parole. To make it clear, if you get 20 years, you serve 20 years. You can appeal, but I have never heard of a case where it worked well for the convicted. They run the risk of a longer sentence after a new trial.

The good news is there no death penalty here.

17

West Virginia has the peace bond as well. I wrote a great brief on how it was unconstitutional, a denial of due process, a restriction of freedom based not upon proof beyond a reasonable doubt…but the opposing party voluntarily dismissed before the judge could rule. Damn the wins I don’t want. :slight_smile:

18

I forgot to add that when sentenced, for example Rape is set at 20 years. However the Judge can double that if the crime is particularly heinous.

That happened to the guy who abducted, dragged several blocks on a Sunday morning, raped my girlfriend 30 years ago. She was so badly injured that she has permanent brain damage. Almost vegetative. I loved her her very much and it bothers me that he can get out of jail in 10 more years.

I guess she got a life sentence. he didn’t.

19

FWIW, the people I know who’ve come out of jail did get a life sentence. The life they lived is over, and will never come back. You can’t just shuck a jail term as if it never happened. It’s a permanent liability, a permanent handicap, and a permanent mental injury.

I don’t know anybody who has served less than 3 years, so perhaps it’s different for them.

20

Curse those reasonable opponents ! :wink: