Legal Definitions - accumulative judgment

An accumulative judgment refers to a court's decision, typically in criminal law, where the penalties for multiple offenses are added together and must be served one after another. This means that the total penalty is the sum of the individual penalties, rather than having them run simultaneously. It is often used interchangeably with the term consecutive judgment.

Here are some examples to illustrate this concept:

• Example 1: Multiple Prison Sentences

  A defendant is found guilty of two separate crimes: armed robbery and aggravated assault. For the armed robbery, the judge imposes a sentence of 7 years in prison. For the aggravated assault, the judge imposes a sentence of 4 years in prison. If the judge orders these sentences to be an accumulative judgment, the defendant would serve the 7-year sentence first, followed immediately by the 4-year sentence, resulting in a total of 11 years in prison. This illustrates an accumulative judgment because the individual sentences are added together to determine the total time served.

• Example 2: New Crime While on Parole

  A person is released from prison on parole, with 2 years remaining on their original sentence. While on parole, they commit a new felony offense. A judge finds them guilty of the new felony and imposes a 5-year prison sentence. If the judge orders this new sentence to be an accumulative judgment, the defendant would first serve the remaining 2 years of their original sentence (due to parole revocation) and then begin serving the new 5-year sentence, for a total of 7 additional years in prison. This demonstrates accumulation because the new penalty is added to the unserved portion of the previous penalty.

• Example 3: Multiple Fines for Separate Violations

  A construction company is cited for three distinct safety violations on a job site over a period of several months. For each violation, the court imposes a $5,000 fine. If the court orders these fines as an accumulative judgment, the company would be required to pay each $5,000 fine separately, one after the other, totaling $15,000. This shows how an accumulative judgment can apply to financial penalties, where each penalty is distinct and adds to the overall financial obligation.