Questions tagged [sentencing]
The sentencing tag has no usage guidance.
78
questions
5
votes
0
answers
181
views
Can you get more than 21 years prison in total in Norway for the sum of two completely unrelated crimes?
This should go without saying, but I'm asking this out of sheer curiosity, not for any practical reasons lol.
The maximum prison time one can get for any particular crime in Norway is 21 years. This ...
- 347
2
votes
1
answer
249
views
Is Trump now a felon even if he appeals?
In Germany, an appeal (both a Berufung as well as a Revision) prevents a criminal sentence from becoming effective. The presumption of innocence (Unschuldsvermutung, also called Präsumtion der ...
- 5,954
-1
votes
1
answer
143
views
What jail time would be imposed for felony false imprisonment plead down from 4 felony rape? [closed]
In California, what is the amount of jail time given for a felony false imprisonment conviction in a guilty plea from rape charges?
I’m asking in general and I am also interest in knowing how often no ...
-1
votes
1
answer
144
views
Can a prison sentence be deferred?
This question is prompted by What happens if the elected presidential candidate is sent to prison before they become president?
While there's no constitutional reason why POTUS can't serve from jail, ...
- 4,570
0
votes
3
answers
474
views
How is credit for time served and good time in jail applied against a prison sentence?
If you get 8 years for a crime and you did 16 months already in the county jail, how is the sentence affected (including any impact on the "good time" reduction which is capped at 33 percent ...
0
votes
0
answers
76
views
What does it mean if two culpability factors are combined into one line by a slash in the sentencing guidelines?
Alicia is convicted of a theft, which was simultaneously highly sophisticated and fully spontaneous (ie involved no planning).
The relevant sentencing guidelines provide three separate bands of ...
4
votes
2
answers
6k
views
How long is a life sentence in Georgia, US?
If somebody is sentenced to life plus 5 years with the possibility of parole, how long do they actually have to serve? Or what does that actually mean?
- 41
-1
votes
1
answer
109
views
What are the possible/likely penalties for violations of the TfL Railway Bylaws other than fare evasion?
Bob was convicted of a transgression of the TfL railway bylaws other than those pertaining to fare evasion, but can only find sentencing guidelines for those types of offences.
Are there any general/...
0
votes
1
answer
145
views
Can you be retried if you appeal a partial acquittal?
I know that in the US Double Jeopardy protection means that if you are acquitted the prosecution cannot attempt to appeal or retry you (except for very narrow exceptions). However, a defendant is ...
- 235
0
votes
1
answer
170
views
What sentences are faced for vandalism (and more) in New Hampshire?
Assume that people covered the front of a building with red paint, smashed windows, locked the main lobby doors with a bicycle lock, and destroyed HVAC equipment, interrupting operation of a business.
...
-1
votes
1
answer
105
views
Is there any minimum sentence faced by SBF?
The widely reported maximum sentence available faced by Bankman Fried is 115 years. Is there any minimum?
10
votes
1
answer
3k
views
Why does so much time elapse between guilty verdict and sentencing?
Sam Bankman-Fried (of FTX) was convicted on November 2, 2023; sentencing was scheduled for almost five months later on March 28, 2024.
Elizabeth Holmes (of Theranos) was convicted on January 3, 2022. ...
- 22k
29
votes
11
answers
8k
views
Why is drunk driving causing accident punished so much worse than just drunk driving?
When people drink and drive and then cause an accident especially where if someone dies they get years and years in prison but just the act of drunk driving is punished way more lenient. Shouldn't ...
- 407
5
votes
2
answers
419
views
What does it take to be sentenced to a medium-security prison (US)?
It is a trope that when powerful/rich people are sentenced, they are sent to cushy, low-security prisons (think The Wolf of Wall Street).
However, in my book, I'd like a certain character to be sent ...
- 988
3
votes
2
answers
208
views
Are US federal guidelines and statistics available for sentencing for "possession of a gun by an addict"?
After 04:44 in CNN's June 22, 2023 Was Hunter Biden given a 'sweetheart deal'? Legal expert weighs in, the senior legal analyst for CNN, and former assistant United States Attorney Elie Honig says:
...
- 844
-1
votes
1
answer
673
views
What crime(s) was Deedee Blanchard guilty of, and what sentences do they carry (in any jurisdictions)?
Deedee Blanchard was found to have been murdered by her daughter and her boyfriend. The daughter was going to receive 30 years imprisonment but upon the court hearing of the crimes to which she has ...
2
votes
1
answer
353
views
Why do the pundits think Trump would only be fined if convicted?
I asked Are there any sentencing guidelines for the crimes Trump is accused of?, and the answer is that the normal range of sentences for a non-violent class E first offence felony in NY is 1.5 to 4 ...
- 13.9k
9
votes
1
answer
2k
views
Are there any sentencing guidelines for the crimes Trump is accused of?
Does New York have sentencing guidelines? If so, what do they say about the felony falsification of business records, and the associated conspiracy, that Donald Trump has been charged with?
- 13.9k
-1
votes
1
answer
65
views
are there any jurisdictions around the world where courts having discretion not only for sentancing but also for pradons and parole?
various UN tribunals for warcrimes and genocide have this but I haven't seen this in any other country where they have broad discretion like this. would this be against the principle of seperation of ...
user49663
1
vote
1
answer
35
views
What parts of the Code of Criminal Procedure deal with appeal from a sentence?
I've been browsing through the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPc) and there doesn't seem to be any provision for appeals from sentencing (reduction) there seems to be ...
user49663
1
vote
1
answer
120
views
Countries where re-sentencing is not allowed?
Are there any countries, where currently, a sentence cannot be appealed by the prosecution's side for being unduly lenient?
For example, someone is given a year suspended sentence for burglary, and ...
- 1,224
1
vote
1
answer
427
views
Why was Alex Murdaugh sentenced so quickly after the guilty verdict?
Normally, isn't there a big pre-sentencing investigation and victim impact statements and stuff like that?
Not surprized about the withering rebuke and sentence, but that it occurred so immediately ...
0
votes
0
answers
42
views
Consecutive and concurrent sentences [duplicate]
At a recent trial in USA, the accused was found guilty of murdering two people, and was sentenced to spend "the rest of his natural life" in jail for each crime. The sentences are to run ...
- 3,219
3
votes
1
answer
343
views
Can previous crimes that one was found "not guilty" of be used against them?
Carl the criminal robs a store as his first crime. Somehow, he is found not guilty of this (the 12 jurors do not unanimously agree on his guilt). After walking free, he immediately goes back to the ...
- 4,191
10
votes
1
answer
5k
views
What is the minimum sentence for murder in Japan?
In the Yakuza series, several characters are sent to jail for murder, but it's only ever for 10-15-ish years. I was wondering if this was at all realistic, since I'm only aware of people going to jail ...
- 4,191
2
votes
2
answers
230
views
What's the minimum time that an indeterminate life sentence (e.g., "25 years to life") may have in the US?
For example, sentences of "15 years to life," "25 years to life," or "life with mercy" are called "indeterminate life sentences" (Wikipedia)
What's the minimum ...
- 6,425
3
votes
1
answer
397
views
Defendant not present for sentencing
If the defendant does not turn up to court for sentencing, can the defence still put forward mitigations and character references?
One would assume that the defence would be prevented from bringing ...
- 1,224
1
vote
1
answer
3k
views
What is the shortest prison sentence ever given in the US?
What is the shortest recorded prison or jail sentence in US history?
- 17.1k
4
votes
1
answer
69
views
Similar website to TheLawPages in the USA?
I use a website called TheLawPages to research various crimes, and sentences given to offenders. It is an invaluable tool, especially because it allows me to pick the type of court, offence type, and ...
- 1,224
1
vote
2
answers
153
views
How does community service work?
When a person is convicted of a crime and required to perform community service, what exactly is involved?
- 17.1k
4
votes
2
answers
379
views
Can a judge consider recent events in an older case?
Bob likes fast cars. Two months ago, he was unfortunately caught for excessive speeding. Both his car and his driving license were confiscated immediately. By law (SVG Art 16c, Abs 2 a_bis and Art 90) ...
- 7,366
-1
votes
5
answers
332
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 ...
- 530
1
vote
2
answers
252
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 ...
- 439
3
votes
1
answer
220
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 ...
- 151
1
vote
1
answer
162
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 ...
- 11
4
votes
1
answer
188
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
370
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 "...
- 17.1k
-3
votes
1
answer
174
views
If hate speech is legally protected, then is it constitutional to stack on additional punishment for hate crimes?
Wikipedia, Hate speech in the United States:
"In a Supreme Court case on the issue, Matal v. Tam (2017), the
justices unanimously reaffirmed that there is effectively no "hate
speech" ...
user45179
12
votes
4
answers
6k
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 ...
- 2,247
-1
votes
2
answers
113
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 ...
- 2,247
2
votes
2
answers
224
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 ...
- 593
-2
votes
2
answers
152
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 ...
- 28k
19
votes
1
answer
4k
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, ...
- 334
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 ...
- 1,379
3
votes
2
answers
876
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 ...
- 178
1
vote
1
answer
91
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 ...
1
vote
1
answer
196
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 ...
- 6,425
0
votes
1
answer
739
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?
1
vote
1
answer
280
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?
68
votes
9
answers
18k
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 ...
- 702