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WahooMatt05

Joined: 08/30/2013 Posts: 26181
Likes: 48452


Let's look at the United States Sentencing Commission glossary


They define sentencing options, procedures, and tables. They all relate to the length of time in prison or probation. Nothing about fines. Term wasn't defined, but total punishment was, and it too only included length of the term of imprisonment ('term' on this page seems to keep referring to prison term, or length of time).

It also defines Fine. Is it included with the term of the sentence? No, there is a separate table. There is a table for sentencing guidelines, and a separate table governing fine amounts.

So, when it comes to completing the terms of the sentence, "Sentence" when it comes to federal sentencing guidelines, refers to the time in prison. Fines are not considered a part of the sentence.


Sentencing Options

The choices that the court has once the court has properly determined the defendant’s sentencing range in the Sentencing Table. Depending on the Zone on the table in which a defendant’s range falls, sentencing options include probation (with or without a condition of home detention or community confinement), a split sentence, or a term of imprisonment. The Guidelines Manual addresses sentencing options at Chapter Five, Part F.

Sentencing Procedures

The procedural rules governing sentencing hearings and preparation leading up to it. Rules are found in the Guidelines Manual at Chapter Six. Sentencing procedures are also governed by statute and at Federal Rule of Criminal Procedure 32.

Sentencing Table

The table displays imprisonment ranges, stated in months, that apply to a case after the court as determined the offense severity level and the criminal history category of the defendant. The table is found at Chapter Five, Part A of the Guidelines Manual.

Total Punishment

The combined length of sentences determined by the court for multiple counts of conviction. Total punishment incorporates the combined offense level, the Criminal History Category, and the corresponding guideline range on the Sentencing Table. In some cases, the total punishment is determined by “stacking” a consecutive mandatory minimum statutory sentence on top of the guideline sentence for a different count of conviction.

Fine

The court must impose a fine in all cases, unless the defendant can establish that he or she is unable to pay a fine and is not likely to become able to pay any fine. The court may also order a fine as a condition of probation or supervised release. The guidelines have a separate table governing fine amounts for individuals (§5E1.2) and organizations (§8C1.1.).

(In response to this post by Cold Hoober Hoo)

Link: https://www.ussc.gov/education/glossary


Posted: 05/03/2019 at 2:05PM



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