NCJ Number
6377
Journal
Criminal Law Bulletin Volume: 8 Issue: 5 Dated: (JUNE 1972) Pages: 393-417
Date Published
1972
Length
25 pages
Annotation
ARGUMENT THAT PRINCIPLES OF FAIR PLAY EMBODIED IN DUE PROCESS OF LAW REQUIRE THAT A MAN BE ABLE TO CREDIT DEAD TIME AGAINST AN OUTSTANDING VALID SENTENCE.
Abstract
THE FIRST SECTION OF THE ARTICLE RELATES THE STORY OF THE LEGAL BATTLE TO GET A DEFENDANT CREDIT AGAINST THE FEDERAL SENTENCE OF TWO YEARS FOR THE TWO YEARS HE SPENT IN STATE CUSTODY ON A FALSE CHARGE. THE SECOND SECTION DEALS WITH THE LAW CONCERNING SENTENCE CREDIT FOR DEAD TIME. THOSE CASES WHICH HAVE RECOGNIZED A RIGHT TO CREDIT DEAD TIME HAVE ALL INVOLVED A PRISONER WITH EITHER TWO STATE CASES OR TWO FEDERAL CASES. WHERE A FEDERAL AND STATE CASE IS INVOLVED COURTS HAVE DENIED CREDIT BASED ON AN INFRINGEMENT OF SOVEREIGNTY.