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England:
"An absolute discharge is a lesser sentence imposed by a court, in which no penalty is imposed at all. It is normally passed when a defendant is being sentenced for more than one crime:(1) after receiving a heavier sentence for his most serious crime, he may then receive no separate penalty for a more trivial crime. Exceptionally, however, a court occasionally grants an absolute discharge for the whole of his conduct (the signalman in the Thirsk rail crash is an example of this). This usually signifies that while a crime may technically have been committed, the imposition of any punishment would, in the opinion of the judge or magistrates, be quite inappropriate. (2) Both a Conditional and Absolute Discharge send a message from the bench to the Crown Prosecution Service that the prosecution was a waste of time and not in the public interest."
(1) It's not right that an absolute discharge is akin to no separate penalty, think this should be edited? (2) Wouldn't put it as strong as that, it's not unusual to give a conditional discharge for reasons other than disapproval of the Prosecution?
LondonDan ( talk) 23:17, 24 Jan 2010 (UTC)
do you lose your license on a conditional discharge?
The reference to a Thirsk rail crash probably should point to http://en.wikipedia.org/wiki/Thirsk_rail_crash_%281892%29 . I'm making the change on the basis of scant available knowledge; if an authority on the subject can confirm or deny, it'd be appreciated. -- User: Rosuav 124.168.116.114 ( talk) 23:57, 25 November 2007 (UTC)
This caught my eye:
The specific mention of "a high-end businessman" seems to imply that "ordinary" people might be treated less leniently for the same offence. Is that really the case? Loganberry ( Talk) 03:25, 18 March 2009 (UTC)
There's no section on a "CD" in American law. Is there a reason for this omission?-- Pink Bull ( talk) 05:50, 10 August 2009 (UTC)
-- I think it is only certain states in the US that have a conditional discharge (or something equivalent to it). —Preceding unsigned comment added by 219.90.135.118 ( talk) 08:35, 4 February 2011 (UTC) Examples are New York State ("Adjournment in Contemplation of Dismissal" (ACD)) and North Carolina ("Prayer for Judgement Continued" (PJC)).
-- The closest equivalent to a conditional discharge would be Nominal Damages under civil (chancery) law, and either a Suspended sentence or Probation under criminal law.
The closest equivalent to an Absolute Discharge under US law would be Suspended Sentence with a
sealed record under criminal law. Depending on the jurisdiction, the defendant could also apply to have the record
expunged.
——Based on my Business Law course about 12 years ago. I may or may not bother citing / adding it to the article.
Divercth (
talk) 16:24, 26 January 2015 (UTC)
Does anyone else see this at the beginning? 88.104.129.171 ( talk) 15:01, 25 January 2014 (UTC)
——I did not. It may have been deleted by a bot - please check the page history. Divercth ( talk) 15:58, 26 January 2015 (UTC)
I'm probably not coding this right, but this page should probably be merged with the Suspended sentence page, since these are analogous legal theories. Divercth ( talk) 16:43, 26 January 2015 (UTC)
The conditional discharge does not become an absolute discharge in English law at any time.Please get a barrister to check.-- 81.174.224.233 ( talk) 12:56, 10 March 2016 (UTC)
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England:
"An absolute discharge is a lesser sentence imposed by a court, in which no penalty is imposed at all. It is normally passed when a defendant is being sentenced for more than one crime:(1) after receiving a heavier sentence for his most serious crime, he may then receive no separate penalty for a more trivial crime. Exceptionally, however, a court occasionally grants an absolute discharge for the whole of his conduct (the signalman in the Thirsk rail crash is an example of this). This usually signifies that while a crime may technically have been committed, the imposition of any punishment would, in the opinion of the judge or magistrates, be quite inappropriate. (2) Both a Conditional and Absolute Discharge send a message from the bench to the Crown Prosecution Service that the prosecution was a waste of time and not in the public interest."
(1) It's not right that an absolute discharge is akin to no separate penalty, think this should be edited? (2) Wouldn't put it as strong as that, it's not unusual to give a conditional discharge for reasons other than disapproval of the Prosecution?
LondonDan ( talk) 23:17, 24 Jan 2010 (UTC)
do you lose your license on a conditional discharge?
The reference to a Thirsk rail crash probably should point to http://en.wikipedia.org/wiki/Thirsk_rail_crash_%281892%29 . I'm making the change on the basis of scant available knowledge; if an authority on the subject can confirm or deny, it'd be appreciated. -- User: Rosuav 124.168.116.114 ( talk) 23:57, 25 November 2007 (UTC)
This caught my eye:
The specific mention of "a high-end businessman" seems to imply that "ordinary" people might be treated less leniently for the same offence. Is that really the case? Loganberry ( Talk) 03:25, 18 March 2009 (UTC)
There's no section on a "CD" in American law. Is there a reason for this omission?-- Pink Bull ( talk) 05:50, 10 August 2009 (UTC)
-- I think it is only certain states in the US that have a conditional discharge (or something equivalent to it). —Preceding unsigned comment added by 219.90.135.118 ( talk) 08:35, 4 February 2011 (UTC) Examples are New York State ("Adjournment in Contemplation of Dismissal" (ACD)) and North Carolina ("Prayer for Judgement Continued" (PJC)).
-- The closest equivalent to a conditional discharge would be Nominal Damages under civil (chancery) law, and either a Suspended sentence or Probation under criminal law.
The closest equivalent to an Absolute Discharge under US law would be Suspended Sentence with a
sealed record under criminal law. Depending on the jurisdiction, the defendant could also apply to have the record
expunged.
——Based on my Business Law course about 12 years ago. I may or may not bother citing / adding it to the article.
Divercth (
talk) 16:24, 26 January 2015 (UTC)
Does anyone else see this at the beginning? 88.104.129.171 ( talk) 15:01, 25 January 2014 (UTC)
——I did not. It may have been deleted by a bot - please check the page history. Divercth ( talk) 15:58, 26 January 2015 (UTC)
I'm probably not coding this right, but this page should probably be merged with the Suspended sentence page, since these are analogous legal theories. Divercth ( talk) 16:43, 26 January 2015 (UTC)
The conditional discharge does not become an absolute discharge in English law at any time.Please get a barrister to check.-- 81.174.224.233 ( talk) 12:56, 10 March 2016 (UTC)
Hello fellow Wikipedians,
I have just modified 5 external links on Discharge (sentence). Please take a moment to review my edit. If you have any questions, or need the bot to ignore the links, or the page altogether, please visit this simple FaQ for additional information. I made the following changes:
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Cheers.— InternetArchiveBot ( Report bug) 20:07, 13 December 2016 (UTC)
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Cheers.— InternetArchiveBot ( Report bug) 02:25, 21 May 2017 (UTC)