What was the real significance of the Mempa case?
What is the difference between a suspended sentence and probation?
http://www.casebriefs.com/blog/law/criminal-procedure/criminal-procedure-keyed-to-saltzburg/the-right-to-counsel/mempa-v-rhay/
http://www.ehow.com/facts_5824095_difference-between-suspended-sentence-probation_.html
To understand the significance of the Mempa case, you will need some background knowledge. The Mempa case refers to the 1967 U.S. Supreme Court ruling in Mempa v. Rhay. In this case, the court addressed the issue of whether a person charged with a misdemeanor offense in a state court has the right to legal representation during a hearing where a suspended sentence might be imposed.
To find more about the real significance of this case, you can start by searching for information about Mempa v. Rhay. Look for reputable legal sources like law journals, legal databases, or websites of legal organizations. These sources will provide you with detailed information about the case, the legal arguments presented, and the court's ruling.
The difference between a suspended sentence and probation lies in the nature and execution of each. Here's a breakdown of each term:
1. Suspended Sentence: A suspended sentence is when a judge imposes a punishment for the crime but delays its execution, allowing the defendant to avoid serving the sentence immediately. This means that if the defendant complies with certain conditions set by the court during a specific period (often referred to as probation or supervised release), the original sentence may be revoked, and the defendant may avoid serving the sentence altogether.
2. Probation: Probation, on the other hand, is a type of sentence where the offender is convicted of a crime but is allowed to remain in the community under specific conditions and supervision. These conditions can include regular meetings with a probation officer, mandatory drug tests, community service, or counseling. Unlike a suspended sentence, probation does not involve an initial sentence that is suspended. Instead, the offender is placed directly on probation as the sentence itself.
To further explore these concepts, it's advisable to consult legal references such as legal dictionaries, law textbooks, or relevant legal websites. Additionally, you can consult with legal professionals who can provide more specific information and practical examples related to the jurisdiction you are interested in.