Execution of judgment
Execution of judgment is a critical phase in both criminal and civil law, marking the implementation of court decisions following a conviction or judgment. In criminal cases, this process entails the enforcement of the penalties imposed by the court, which can range from fines to imprisonment, and in extreme cases, may involve capital punishment. In civil matters, execution of judgment allows winning parties to receive the benefits of the court's rulings, such as compensation for damages in personal injury cases. The term "execution" broadly refers to the steps necessary to enforce and fulfill the court’s orders. Importantly, the execution of judgment can be deferred or suspended, allowing for various legal conditions to be met before the sentence is carried out. For instance, a defendant's sentence may be put on hold under probationary terms, and upon successful compliance, the original sentence may not be executed at all. Understanding the execution of judgment is essential for grasping how legal outcomes are translated into real-world consequences, reflecting the judicial system's role in upholding justice.
On this Page
Subject Terms
Execution of judgment
SIGNIFICANCE: In criminal law, after defendants are convicted and sentenced, the execution of judgment is the crucial stage at which the court’s decisions are actually implemented.
In civil law, the execution of judgment affords winning parties the benefit of the final judgments or decrees. For example, in a personal injury matter in which a plaintiff prevails, the execution of judgment includes payment of damages to cover costs or loss from injury.
In criminal matters, execution of judgment typically refers to the successful completion of court punishment orders. Execution of judgment in such cases may include payments of ordered fines, defendants reporting to prison to serve sentences, or in capital-punishment judgments, the actual execution of the defendants. In the broader sense, “execution” refers to the process required to carry forth the order of the court contained in the decree or judgment.
The execution of judgment may be deferred or suspended by a court. In each instance the actual completion of the sentence is delayed or in some way altered rather than carried forth. For example, defendants convicted of felony crimes may find their sentences to include set periods of incarceration in prison. Their sentences may also be suspended pending lawful conduct of the defendants under specific rules or conditions of probation. In such instances, the execution of judgment is limited or in some cases completely postponed so that defendants may complete the conditions of their probation. Upon successful completion of probation, the sentences may then be permanently set aside with no formal execution of the original sentence.
Bibliography
Allen, Harry E., Clifford E. Simonsen, and Edward J. Latessa. Corrections in America: An Introduction. 14th ed. Upper Saddle River, N.J.: Pearson Education, 2014.
LaFave, Wayne R., Jerold H. Israel, and Nancy J. King. Criminal Procedure. 5th ed. St. Paul, Minn.: Thomson/West, 2009.
"2023 Guidelines Manual Annotated." US Sentencing Commission, 1 Nov. 2023, www.ussc.gov/guidelines/2023-guidelines-manual-annotated. Accessed 26 June 2024.