Legal Definitions - resentencing

Resentencing refers to the legal process where a court imposes a new or revised criminal sentence on an individual who has already been sentenced for a crime. This typically occurs after the original sentence is found to be legally flawed, or when new circumstances or legal changes warrant a modification.

Here are some examples to illustrate resentencing:

• Example 1: Correction of a Legal Error

  Imagine a situation where a defendant was originally sentenced for a felony, but during the sentencing hearing, the judge mistakenly applied an outdated sentencing guideline that resulted in a longer prison term than legally permitted. Upon review or appeal, the error is identified. The court would then conduct a resentencing hearing to correct this mistake and impose a new sentence that adheres to the correct, current legal guidelines, potentially reducing the defendant's prison time.

  This example illustrates resentencing because the court is imposing a revised sentence to rectify a legal error made during the initial sentencing process.

• Example 2: Change in Law

  Consider a state that passes a new law significantly reducing the mandatory minimum sentences for certain non-violent drug offenses. An individual who was previously sentenced under the old, harsher law for such an offense might petition the court for a resentencing. If the new law is made retroactive, the court could then impose a new, shorter sentence that aligns with the updated legislation, even though the original conviction stands.

  This example demonstrates resentencing as the court is imposing a new sentence based on a change in the law that affects the legality or appropriateness of the original sentence.

• Example 3: Successful Appeal or Post-Conviction Relief

  Suppose a higher appellate court reviews a defendant's case and finds that while the conviction itself was valid, there was a procedural error during the original sentencing phase that violated the defendant's rights. The appellate court might then vacate (cancel) the original sentence and send the case back to the trial court. The trial court would then conduct a resentencing hearing to impose a new sentence, ensuring that all proper legal procedures are followed this time.

  This example shows resentencing occurring because a higher court has nullified the original sentence due to a procedural flaw, requiring the trial court to impose a new, legally sound sentence.