PRESENTENCE CONFINEMENT AND THE CONSTITUTION - THE BURIAL OF DEAD TIME

• NCJ Number: 5254
• Journal: Hastings Law Journal Volume: 23 Issue: 1 Dated: (APRIL 1972) Pages: 1041-1088
• Author(s): F T SCHORNHORST
• Date Published: 1972
• Length: 48 pages
• Corporate Author: University of California
• Publication Format: Article

Annotation

EVALUATION OF METHODS AND RATIONALE USED BY VARIOUS JURISDICTIONS TO GRANT OR WITHHOLD CREDIT FOR TIME SERVED PRIOR TO SENTENCE.

Abstract

THE THESIS OF THIS STUDY IS THAT ALL PRISONERS SERVING SENTENCES IN ANY JAIL OR PRISON IN THE UNITED STATES ARE CONSTITUTIONALLY ENTITLED TO FULL CREDIT FOR EACH DAY OF PRESENTENCE CONFINEMENT SERVED IN CONNECTION WITH THE CRIME FOR WHICH THEY HAVE BEEN SENTENCED. THE AWARD OF CREDIT SHOULD BE AN ADMINISTRATIVE FUNCTION ONCE A COURT HAS DETERMINED THE APPROPRIATE LENGTH OF TIME A DEFENDANT SHOULD SERVE WITHOUT REGARD TO THE TIME SPENT IN CUSTODY PENDING TRIAL AND SENTENCE.