Legal Definitions - cumulative sentence

A cumulative sentence, also known as a consecutive sentence, is a legal term describing how a person serves multiple prison terms. When sentences are ordered to be served cumulatively, one sentence must be completed entirely before the next one begins. This means that the total time a person spends incarcerated is the sum of each individual sentence, rather than serving them at the same time.

This approach differs from concurrent sentences, where multiple sentences are served simultaneously, often resulting in a shorter overall period of incarceration. Courts typically have the discretion to decide whether sentences will be served cumulatively or concurrently, often considering factors such as the seriousness of the offenses, the number of victims, and the need for punishment and deterrence.

Here are a few examples to illustrate how cumulative sentences work:

• Example 1: Multiple Unrelated Crimes

  Imagine a person commits a bank robbery and is sentenced to five years in prison. Before they begin serving that sentence, they are also convicted of a separate, unrelated fraud scheme that occurred at a different time and is sentenced to three years. If the judge orders these sentences to be served cumulatively, the three-year fraud sentence would only begin after the five-year robbery sentence has been fully completed. This means the individual would serve a total of eight years in prison (5 + 3 years).

• Example 2: Crimes with Multiple Victims from a Single Event

  Consider a scenario where a driver, under the influence, causes a severe accident that results in the death of one person and serious injury to another. The driver is charged with vehicular homicide for the death and aggravated assault for the injury. A court might impose a ten-year sentence for vehicular homicide and a five-year sentence for aggravated assault. If these are ordered to be cumulative, the five-year assault sentence would begin only after the ten-year homicide sentence is finished, leading to a total of fifteen years in prison. This illustrates how distinct harms, even from a single event, can lead to cumulative sentences.

• Example 3: Committing a New Crime While Already Sentenced

  Suppose an individual is already serving a six-year sentence for drug trafficking. While incarcerated, they commit a new crime, such as assaulting a prison guard, for which they receive an additional two-year sentence. The court might order this new two-year sentence to be served cumulatively. This means the two-year sentence for assaulting the guard would not start until the original six-year drug trafficking sentence has been fully completed, resulting in a total of eight years of imprisonment.