What Do Sentencing Terms Like Concurrent and Consecutive Mean?

A concurrent sentence runs at the same time as another sentence; a consecutive sentence starts only when the first one ends. Those two words alone can mean years of difference, and they are just the start of the vocabulary families hear in a courtroom. Below are plain-English meanings for the most common sentencing terms.

Every field has its own language. The computer world talks about RAM, gigabytes, and USB ports, and social media made "hashtag" an everyday word. Jargon is shorthand for people "in the know," and sometimes it is a way to tell who is in the know and who is not.

Courts are no exception. They use many words most people never hear anywhere else, and if your loved one is facing sentencing, those words can be confusing and scary.

Sentencing Meaning

These terms are used in both state and federal criminal courts. For more legal terms, see the federal courts' glossary.

What Does "Sentence" Mean?

A sentence is the punishment a judge orders after someone is found guilty or pleads guilty.

The word comes from the Latin sentire, meaning "to feel, or be of the opinion," and the related Latin word sententia, meaning "opinion." In a sense, the judge's sentence is the judge's opinion of how the case should end.

Different Kinds of Sentences

TV police shows teach us that the judge hands down a sentence after the jury's verdict, and most people think of a sentence as a number of years or life in prison. But sentences can, and need to, be much more specific than that. You can read more about how sentences are imposed. Here are common types (this is not a complete list):

• Concurrent sentence. Two or more sentences, for example for two separate crimes, served at the same time. One day in prison counts toward all of them.
• Consecutive sentence. Sentences served one after the other. The second starts when the first ends.
• Deferred sentence. The court puts off sentencing to a later date, often while you meet certain conditions. The term can also mean a sentence that is imposed but not carried out until a later date, similar to a "suspended" sentence. These are mostly found in state courts.
• Determinate sentence. A fixed amount of time, such as 5 years. It is also called a "fixed," "flat," or "straight" sentence.
• Indeterminate sentence. A range, such as "not less than 2 and not more than 6 years." The court sets the outer limits, and a parole board, the corrections department, or probation decides exactly how long the person serves. These are used in some states.
• Life sentence. Prison for the rest of your life. In some states, a life sentence can mean a set number of years before parole is possible.
• Mandatory sentence. A sentence required by a statute or other law. The judge has no choice about it. A mandatory minimum is the lowest sentence the judge is allowed to give.
• Presumptive sentence. A sentence the law treats as the normal starting point. It is written into a statute or other law as a guide for the judge, who can go above or below it for reasons tied to the case.
• Parole Ineligibility. Parole is early release decided by a parole board. Judges often, on their own or because a statute requires it, set a period during which a person cannot be released on parole. Many state sentences spell out that period. The federal system abolished parole for crimes committed on or after November 1, 1987. Federal prisoners instead serve a term of supervised release, a period of supervision by a probation officer, after prison.

Alternatives to Prison

A sentence does not always mean prison. Courts have a host of ways to punish people without locking them up, including:

• Fines.
• Restitution, which means paying the victim back for what was lost.
• Probation, which means living in the community under rules, such as drug testing and meeting with a probation officer.
• Electronic monitoring, such as an ankle monitor that tracks where you are and makes sure you do not leave the area.
• Court-ordered community service.
• Pretrial diversion, which lets some people, often first-time offenders, avoid prosecution, a conviction, and a criminal record if they follow certain probation-like rules for a set time.

The country is beginning to see that the mass incarceration experiment has been a failure. So courts and lawmakers are using sentencing alternatives more often to limit the prison population, especially for low-level, nonviolent crimes. Alternatives save criminal justice resources, help people keep their jobs and their lives together, and benefit the public in the long run.

One practical tip: when the federal judgment (the court's written sentencing order) is entered, read it line by line. It states whether sentences run concurrently or consecutively, the length of any supervised release, and any fine or restitution. If something there doesn't match what the judge said in court, raise it with your lawyer right away.

Facing a federal sentence? Book a consultation to talk it through with Brandon Sample.