Criminal Procedures


How does a judge determine whether sentencing is concurrent or consecutive?

Generally sentencing judges in states have broad discretion to impose either concurrent or consecutive sentencing. However, some states have laws that provide when a judge can impose concurrent or consecutive sentencing. Some of these laws provide discretion to the judges to decide this important issue. In some states, if a defendant is convicted of a violent felony and another offense, the judge must sentence the defendant consecutively. The rationale is that the defendant deserves a longer sentence and the public needs protection from this violent felony offender.


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