Surrendering to prison
Discussion
Eiizabeth Holmes of Theranos fame has now been sentenced to 135 months in prison. But unlike the UK system in which she be sent 'sent down' immediately she has to turn up to prison next April to start serving her sentence.
I've heard of this system before, but how common is it? Does it only apply to certain types of offences? Is it something the USA adopted specifically or was it once common in legal systems but dropped in the UK?
In cases like this where the prisoner is pregnant, there does seem some logic to it. Is there any provision for this system in the UK?
I've heard of this system before, but how common is it? Does it only apply to certain types of offences? Is it something the USA adopted specifically or was it once common in legal systems but dropped in the UK?
In cases like this where the prisoner is pregnant, there does seem some logic to it. Is there any provision for this system in the UK?
Does not apply in the UK
In the UK the court imposing a prison sentence issues a "commitment warrant"
That warrant instructs the Police / authorised persons to detain the individual and convey to prison. It also instructs the Prison Governor to accept the prisoner and detain them
HMP will not accept a prisoner without the warrant
The wording is interesting as statutes normally state "the Police MAY arrest etc
Commitment warrant INSTRUCTS the Police to do something
In the UK the court imposing a prison sentence issues a "commitment warrant"
That warrant instructs the Police / authorised persons to detain the individual and convey to prison. It also instructs the Prison Governor to accept the prisoner and detain them
HMP will not accept a prisoner without the warrant
The wording is interesting as statutes normally state "the Police MAY arrest etc
Commitment warrant INSTRUCTS the Police to do something
In the UK deferred sentencing can occur for up to six months. https://www.sentencingcouncil.org.uk/explanatory-m...
Sgt Bilko said:
In the UK deferred sentencing can occur for up to six months. https://www.sentencingcouncil.org.uk/explanatory-m...
Is that deferring the start of the sentence or just the process of sentencing? In the Holmes case she has been sentenced, but she doesn't have to enter prison until April next year.Lost ranger said:
Eiizabeth Holmes of Theranos fame has now been sentenced to 135 months in prison. But unlike the UK system in which she be sent 'sent down' immediately she has to turn up to prison next April to start serving her sentence.
I've heard of this system before, but how common is it? Does it only apply to certain types of offences? Is it something the USA adopted specifically or was it once common in legal systems but dropped in the UK?
In cases like this where the prisoner is pregnant, there does seem some logic to it. Is there any provision for this system in the UK?
In England & Wales, the sentence is immediate and if imprisoned then an offender will rarely be granted bail pending appeal. I've heard of this system before, but how common is it? Does it only apply to certain types of offences? Is it something the USA adopted specifically or was it once common in legal systems but dropped in the UK?
In cases like this where the prisoner is pregnant, there does seem some logic to it. Is there any provision for this system in the UK?
A deferred sentence isn't even remotely the same thing as the American system.
There are circumstances in which an offender can be ordered to surrender himself to prison within x days. For example, following an AG ref case; see Unduly Lenient Sentence scheme.
There's a drama series on Netflix about a group of lesbians doing lesbianing, and occasionally a prison sentence breaks out. Orange is the New Black.
Similar situation, a white collar criminal showing up to prison.
In the UK, open prisons are a thing for non violent criminals with low risk of running. I went to a grammar school, so when they brought a convict in to scare us into keeping on the straight and narrow, it was a chap from the nearest such prison who was serving time for some city misdealings.
I seem to recall they had jobs (not sure if their "normal" jobs or something more in keeping with the prison vibe) in the daytime, but had to return to the prison straight after work.
Similar situation, a white collar criminal showing up to prison.
In the UK, open prisons are a thing for non violent criminals with low risk of running. I went to a grammar school, so when they brought a convict in to scare us into keeping on the straight and narrow, it was a chap from the nearest such prison who was serving time for some city misdealings.
I seem to recall they had jobs (not sure if their "normal" jobs or something more in keeping with the prison vibe) in the daytime, but had to return to the prison straight after work.Lost ranger said:
Sgt Bilko said:
In the UK deferred sentencing can occur for up to six months. https://www.sentencingcouncil.org.uk/explanatory-m...
Is that deferring the start of the sentence or just the process of sentencing? In the Holmes case she has been sentenced, but she doesn't have to enter prison until April next year.croyde said:
There was a film wasn't there, 25th Hour, I think it was called.
About a chap in the US sentenced to 7 years for drug offences and his last day of freedom.
Goes round to see friends and family before taking himself off to prison.
Russia too - watched a pretty good Soviet-era comedy about a guy trying to get to prison by train, and having various Mr-Bean-the-movie-style mishaps en route.About a chap in the US sentenced to 7 years for drug offences and his last day of freedom.
Goes round to see friends and family before taking himself off to prison.
Drclarke said:
Getting yourself pregnant when you are facing a lengthy prison sentence (clearly with the idea of using the unborn as a sympathy vote) should be classed as child abuse.
It's definitely on that spectrum.What even happens after the child is born? Do they grow up not knowing their mum as she's off in prison? Do they have special maternity prisons where babies live?
Sometimes it's saddening enough just to head off to work, knowing that you would rather be with your baby... So if you end up having to go to prison anyway, you've just pissed on your own chips because you have the prison sentence AND miss your baby.
Taozzz said:
She’s currently pregnant, isn’t she? Would that have anything to do with me sentencing decision?
With her second? First was born when charged. The issue is if she can claim higher need of care is needed upon birth and a medical professional agrees would that be grounds for agreement to part of the sentence to home detention? I don't know the US law or if that is a option in their law.
Hugo Stiglitz said:
Taozzz said:
She’s currently pregnant, isn’t she? Would that have anything to do with me sentencing decision?
With her second? First was born when charged. The issue is if she can claim higher need of care is needed upon birth and a medical professional agrees would that be grounds for agreement to part of the sentence to home detention? I don't know the US law or if that is a option in their law.
The sentence has already been pronounced so the court wasn't impressed by her maternal manoeuvre, maybe that will be her argument for the appeal.
I've followed the Theranos/Elizabeth Holmes trial for a while.
She's got am 11yr sentence FFS, absolutely staggered that they haven't banged her up straight away, she should be in a jumpsuit right now.
Just listening to the latest ep of the excellent podcast 'The Dropout', noting that she could have got 14yrs, but the judge gave her 11.
Nevertheless as a federal crime she has to do it all, no parole.
Unless, of course, she gets off on appeal ......
She's got am 11yr sentence FFS, absolutely staggered that they haven't banged her up straight away, she should be in a jumpsuit right now.
Just listening to the latest ep of the excellent podcast 'The Dropout', noting that she could have got 14yrs, but the judge gave her 11.
Nevertheless as a federal crime she has to do it all, no parole.
Unless, of course, she gets off on appeal ......
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