Questions tagged [sentencing]

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-2 votes
5 answers
231 views

How to determine a fair sentence?

I am reading a book called Noise, I am still at the beginning, but already I have a question. The book in the first chapter tells the story of how the US Sentencing Commission tried to set some ...
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2 votes
2 answers
245 views

What elements are considered when deciding order of trials and sentences for a multi-region, multi-year, multi-severity criminal?

A citizen of the USA has a number of individuals, cities, counties, states and the federal government after them for a wide variety of crimes with a wide variety of themes over a period of several ...
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3 votes
1 answer
104 views

The Con-Air Deal....denied?! Does it work that way?

Con Air, an action movie released in 1997 starring Nicholas Cage, features his character cutting a deal after killing a man during a fight after being assaulted. The judge rejects this deal and ...
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1 vote
1 answer
117 views

Is a civilian punished if they commit crimes for criminals by force and not willingly?

Problem: I'm writing a sci-fi book that involves an adult character, who is a normal and innocent civilian (United States, year 2191), who got caught spying on a group of powerful terrorists running a ...
3 votes
1 answer
126 views

How much time do I have if I want to sue a county for sending me to prison accidentally California U.S.A

I was sentenced to 16 months county time non violent offender but my paperwork was supposedly lost and ended up with the prison commits and I was sent to prison. Two weeks before my release date my ...
0 votes
2 answers
118 views

"Sentence first, verdict afterwards"?

In Alice in Wonderland, the Queen of Hearts said during a trial, "Sentence first, verdict afterwards." Are there any common law countries where this could be legal? Could the judge say "...
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13 votes
4 answers
4k views

What happens if a judge disregards a mandatory minimal sentencing law?

What happens if a judge disregards the mandatory minimum sentence and sentences the convicted to time served or some other lesser amount of time? Would this judgement be binding? What would happen to ...
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0 votes
2 answers
86 views

Under what circumstances in Colorado can a judge sentence below a mandatory minimal sentence?

The facts around the case of Rogel Aguilera-Mederos seem pretty clear cut, however unfair. A jury found him guilty The judge didn't want to sentence him to 110 years. The judge had to sentence him to ...
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2 votes
2 answers
161 views

What happens if a corporate person gets sentenced to prison?

I recently saw the quote “I will recognize corporations as people the day the state of Texas puts one to death.", and this got me wondering about how punishments targeting the person of the ...
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-2 votes
2 answers
128 views

Where do defendants found guilty get discharged without conviction?

In New Zealand, a defendant may be "discharged without conviction" after found guilty. Courts would apply such a discretion where they are satisfied that the consequences of conviction would ...
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19 votes
1 answer
3k views

Under what statute can an English judge 'sentence' someone to read classic literature?

This story in the Guardian claims that a judge has imposed a suspended sentence on someone convicted of terrorism offences and has also insisted that he read classic literature by Dickens, Austen, ...
10 votes
4 answers
3k views

Are there any provisions for economic inequality in legal punishments?

Suppose we have two persons, person-A and person-B and let's say they both commit the same crime and go to jail. The law, to my understanding, applies uniformly/punishes uniformly disregarding their ...
2 votes
2 answers
500 views

Why is Julian Assange in jail?

Further to another question asked on these boards: Julian Assange was sentenced to 50 weeks for jumping bail on 1 May 2019 Presumably, his jail term began immediately upon sentencing, in which case he ...
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2 votes
1 answer
76 views

Are there different penalties for crimes against a PCSO as opposed to a police officer?

A person has recently been arrested for the murder of a Police Community Support Officer (PCSO) in Kent, England making me wonder: Is the murder/assault/other crimes against a PCSO subject to the same ...
0 votes
1 answer
151 views

What is the point of adding a few years of probation to a death sentence?

I read (mirror): A total of 44 Japanese drug-related criminals were arrested by China in 2014, 33 of which have been given corresponding sentences, five people were executed, and six were given death ...
0 votes
1 answer
348 views

Criminal penalties in Portuguese law for rape?

How long or short of a prison sentence can one get in Portugal for rape or domestic abuse?
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0 votes
1 answer
94 views

What are the possible penalties in portuguese law for kidnapping or false imprisonment?

Presumably there are custodial sentences applicable, what is the minimum and maximum length?
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63 votes
9 answers
15k views

Why is murder considered a more serious crime than attempted murder?

By its sentencing guidelines (the world over?), murder is considered a more serious crime than attempted murder. If intent to kill has indeed been proven, does the latter crime reward incompetence ...
4 votes
1 answer
198 views

What sentence would a person "hypnotized" into committing a crime get?

I'm a writer and, in this murder mystery I'm writing, I'm trying to see how sentencing laws would apply in this scenario. If a person was arrested for killing somebody but then it is later found out ...
1 vote
1 answer
428 views

Is "time served" applied to bail as well as jail?

It is not uncommon for "time served" in jail awaiting trial to be credited towards any sentence of incarceration for a defendant ultimately convicted of a crime. (I haven't been able to determine ...
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1 vote
1 answer
54 views

The stance on sentencing criminals with personality disorders in the UK

I am wondering what the stance of the UK legal system is on someone who was convicted of assault (ABH) with some kind of personality disorder, e.g NPD. On reading this there is some stance. But how ...
0 votes
1 answer
100 views

What is the minimum penalty for a class A misdemeanor in the states of Missouri and Oregon?

The maxiumum jail time is listed on such sites: https://romanolawpc.com/misdemeanor-crimes-oregon/ https://carvercantin.com/missouri-misdemeanor/#class-a but the minimum jail time/fines are not listed ...
1 vote
1 answer
421 views

Are vigilantes actions on DDoSing child porn sites illegal?

There still exist many illegitimate child porn sites on the web. Some vigilantes organized and DDoS those child porn sites, typically because they think the government is inadequate to seize the ...
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6 votes
2 answers
381 views

If someone was charged with 15 counts but was only indicted on 2, can the prosecutor introduce evidence at sentencing of charges that we not indicted?

I just have a question about information being presented that a defendant was not indicted on. If someone was charged with 15 counts of a crime but was only indicted on 2 counts, can the prosecutor ...
-3 votes
2 answers
2k views

Why did Ross Ulbricht get a much higher sentence than Blake Benthall?

They both created Silk Road. Ross Ulbricht built Silk Road 1, and Blake built Silk Road 2. Silk Road is a dark web app that allow people to buy drugs to US. The legality is complicated. I wonder if ...
3 votes
1 answer
650 views

Why there was no trial for Michael Cohen

I am reading in the news that Michale Cohen will be sentenced today, however, I haven't seen any information about trial. Is that because conviction is related to perjury plea, hence there is no need ...
2 votes
1 answer
414 views

Is illegally crossing the U.S. border a "serious" crime?

First, I'll acknowledge that "serious" is subjective, however there is (probably) consensus that sentences imposed are reflective of the seriousness of a crime. USAtoday (6-18-18) USA TODAY ...
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1 vote
1 answer
60 views

How is sentencing determined for involuntary manslaughter with multiple victims?

How does sentencing work in cases where someone is found guilty of involuntary manslaughter where there were multiple victims? For example, someone causes a serious construction accident by negligence,...
6 votes
1 answer
605 views

How might a defense attorney use the fact that the accused was coerced? Examples from the movie Se7en

SPOILER ALERT FOR THE WHOLE MOVIE. THIS GIVES AWAY THE ENDING. In the film Se7en directed by David Fincher, a killer, J Doe, obsessed with the seven deadly sins carries out a grisly series of murders ...
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-1 votes
1 answer
211 views

If you are fifty years old, and you were sentenced to a hundred years in prison, what's the use of that when you will most likely die before then? [closed]

I read about a few sentencings where the judge had sentenced a criminal to a ridiculously long sentence. I read a news article a few years ago in which a judge said that this criminal would be ...
4 votes
3 answers
30k views

If you are serving a life sentence, die, are legally declared dead, and are brought back to life, are you now free?

Apologies if this is too hypothetical and not allowed. I'm not trained in law, but am curious about the following question: If you are sentenced to 1 life sentence, die, are legally declared dead, ...
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1 vote
2 answers
610 views

Actual years of life time imprisonment

I would like to ask a question regarding life sentence (and I hope it's the right place to ask it). I live in Greece where life sentence is the heavier sentence a convict can get. But in fact life ...
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1 vote
2 answers
260 views

What options are available after sentencing, when attorney-client privilege is broken at a sentencing hearing?

Suppose a defendant and his attorney were meeting before court and were completely alone at the time of the discussion and the attorney asked her client if he would pass a drug test if the judge ...
0 votes
1 answer
262 views

Why was the 'hiccup girl' on trial for murder and not accessory

so I was watching the new Piers Morgan documentary about a young girl, who helped set up a robbery for her boyfriend. She was not directly involved in the robbery, wasn't there and didn't know the ...
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2 votes
1 answer
670 views

Why was this man not charged with this offence that it seems he has committed?

I was reading this article, Man jailed after sending photos of his genitals to undercover police officer. This article states: Malcolm Blount, 55, was caught by police after he emailed three ...
user avatar
0 votes
1 answer
1k views

"Guidelines" for juvenile felony in ohio

After finding some things such as this that kind of shows a guideline for sentencing and fines for felonies I was wondering if there was some sort of guidelines that could apply for a minor to commit ...
2 votes
1 answer
177 views

Waiver of Mandatory Minimums: why would that be up to the prosecutor and not a judge?

Under Florida Law, the 10-20-Life waiver of mandatory minimums is at the discretion of the prosecutor. Why is this not at the discretion of the judge and at the discretion of the prosecutor?
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3 votes
1 answer
2k views

Does anyone besides the president have the authority to pardon?

There have been cases such as Antonio Bascaró, who has been in prison for 37 years because of non-violent marijuana charges. President Obama has had the opportunity to pardon him, but it was denied ...
-3 votes
1 answer
247 views

What is the 'smallest' offense to get life in prison in USA?

If I want to spend the rest of my life in a prison in the USA but want to cause the least damage possible, what should I do?
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0 votes
2 answers
4k views

Penalty for recording conversation in PA

I was in jeopardy of losing my job so when I was called into a meeting with my boss I recorded without their knowledge for my own use because I was so scared I knew I wouldn't remember the ...
46 votes
5 answers
26k views

Why are people sentenced to prison for terms longer than life?

Albert Morake was sentenced to 1,535 years in prison. How can a person be sentenced to more than 1 life imprisonment?
0 votes
2 answers
365 views

Why do criminal defendants routinely plead innocent? [duplicate]

When I read of criminal cases in the news, it seems like the defendants routinely plead innocent even when the evidence against them is overwhelming and conviction seems like a near certainty. Why do ...
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0 votes
1 answer
76 views

Where can one find the penalty per state for a particular drug crime?

Are the sentencing guidelines for each US state available in some consolidated tabular form? I want to be able to easily compare the crimes and their penalties across states to try to identify any ...
9 votes
1 answer
1k views

Can a cop direct a pharmacist to fill a known fraudulent prescription in order to convict a subject of a higher crime?

If a cop is responding to a known fraudulent prescription, ask the pharmacist to stall the subject until they arrive so he can arrest the subject, but, instead of making the arrest for attempt to ...
3 votes
0 answers
115 views

Would courts sentence differently if we used a different numeral system? [closed]

I hear a lot in the media about people sentenced to go to jail especially for a number of years divisible by 10. Does our numeral system affect it? If we used base 7 (so "10 years" will mean 7 ...
-6 votes
2 answers
871 views

What is the typical sentence for BURGLARY - OCCUPIED DWELLING UNARMED? [closed]

Just asking for a friend in South Florida.